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FROM: Derek Johnson, Community Development Director
Garret Olson, Fire Chief
Prepared By: Joseph Lease, Chief Building Official
Rodger Maggio, Fire Marshal
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING TITLE 15 OF THE
MUNICIPAL CODE TO ADOPT AND AMEND THE LATEST EDITIONS
OF THE CALIFORNIA BUILDING STANDARDS CODES AND
ADOPTING FINDINGS OF FACT TO SUPPORT THE AMENDMENTS
RECOMMENDATION
Adopt Ordinance # 1595 (2013 Series) amending Title 15 of the Municipal Code to adopt and
amend the latest editions of the California Building Standards Codes and adopting findings of
fact to support the amendments.
DISCUSSION
Ordinance Summary
On December 3, 2013, the City Council unanimously voted to introduce an Ordinance repealing
Chapters 15.02 and 15.04 of the Municipal code, and creating new Chapters 15.02 and 15.04
adopting the 2013 editions of the California Building, Residential, Electrical, Plumbing,
Mechanical, Energy, Existing Building, Historical Building, Green Building and Fire Codes, the
1997 editions of the Uniform Housing Code and the Uniform Code for the Abatement of
Dangerous Buildings, and the 2012 edition of the International Property Maintenance Code, with
amendments. The Council modified the proposed Ordinance by accepting a revision to Section
15.04.020, Subsection II., CBC Sec. J101.6 relating to grading requirements.
The Ordinance has been amended per the Council action and is now ready for adoption. The
amended text will become effective 30 days after its adoption.
ATTACHMENT
1. Ordinance # 1595 (2013 series) amending Title 15 of the Municipal Code.
2. Proposed Ordinance # 1595 (2013 series) – Markup copy with commentary on changes
and proposed new amendments.
3. Agenda Correspondence regarding revision to CBC J101.6.
Meeting Date
Item Number Jan. 7, 2014
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ORDINANCE NO. 1595 (2013 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 15 OF
THE MUNICIPAL CODE TO ADOPT AND AMEND THE LATEST EDITIONS OF THE
CALIFORNIA BUILDING STANDARDS CODES AND ADOPTING FINDINGS OF
FACT TO SUPPORT THE AMENDMENTS
WHEREAS, the State of California adopts and updates the California Building
Standards Code on a triennial basis, which constitutes the building and fire code regulations
applicable to all occupancies throughout the State, and
WHEREAS, the State has published the 2013 Edition of the California Building
Standards Code, comprised of various model codes and State amendments, which will become
effective on January 1, 2014, and
WHEREAS, pursuant to the California Health and Safety Code, Section 17958.5, local
jurisdictions are permitted to amend the California Building Standards Code as reasonably
necessary based on local climatic, geological or topographical conditions, provided such
amendments are not less restrictive than the requirements found in the State codes, and
WHEREAS, the California Health and Safety Code, Sections 17958.7 and 18941.5,
requires the City Council to make express findings that each such amendments are reasonably
necessary; and
WHEREAS, such findings must be made available as a public record and a copy thereof,
with each such amendment, shall be filed with the California Building Standards Commission
and/or the Department of Housing and Community Development, and
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo
to provide citizens with the greatest degree of fire, life and structural safety in buildings in the
most cost effective manner by adopting that body of regulations referred to as the California
Building Standards Code with amendments specific to the City of San Luis Obispo;
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The project is exempt from environmental
review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project
involves updates and revisions to existing regulations. The proposed code amendments are
consistent with California Law, specifically the CA Health & Safety Code Sections 17958.7 and
18941.5. It can be seen with certainty that the proposed Municipal Code text amendments will
have no significant effect on the environment.
SECTION 2. The findings justifying previous changes and modifications to the adopted
construction and fire codes as contained in Ordinance No. 1033 (1985 Series), Ordinance No.
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1105 (1987 Series), Ordinance No. 1169 (1990 Series), Ordinance No. 1170 (1990 Series),
Ordinance No. 1213 (1992 Series), Ordinance No. 1287 (1995 Series), Ordinance No. 1288
(1995 Series), Ordinance No. 1336 (1998 Series), Ordinance No. 1353 (1999 Series), Ordinance
No 1423 (2002 Series), Ordinance No. 1453 (2004 Series), Ordinance 1510 (2007 Series), and
Ordinance 1555 (2010 Series) are hereby re-affirmed, but are otherwise hereby superseded by
this ordinance to the extent inconsistent herewith.
SECTION 3. The provisions of the State Building Standards Code are hereby modified,
changed and amended, as provided for in this ordinance, based upon the foregoing findings and
those set forth herein and that said Council takes said action because of the public interest in
protecting life and preserving public safety and property. The City Council hereby determines
that Sections 602.1.2, 903.2, 903.3.1.1,903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1506.3.1,
1804.3.1, 1809.7.1, Table 1809.7, 1907.1-1907.5, and Appendix Sections J103.1-J03.4 of the
2013 California Building Code, Section R313.3.3.5, R322.1, of the 2013 California Residential
Code, Section 315.4 of the 2013 California Plumbing Code, Article 270 (A)(1) of the 2013
California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2, 308.1.6.3,
405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.1, 603.1.4,
608.1, 901.4.2, 901.4.3, 903.2, 903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2,
1404.5, 1410.1, 1412.1, 2306.2, 2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1,
3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9,
5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix Sections B105.2, D103.1, D103.4,
D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and D107.1 of the 2013 California Fire
Code are required to be modified due to the findings contained herein to be more restrictive
requirements than those set forth in the California State Building Standards;
SECTION 4 - Findings. The City Council finds that each of the changes or
modifications to measures referred to therein are reasonably necessary because of local climatic,
geological, or topographical conditions in the area encompassed by the boundaries of the City of
San Luis Obispo, and the City Council further finds that the following findings support the local
necessity for the changes or modifications:
FINDING 1
That the City of San Luis Obispo is situated at the base of a watershed of the Santa Lucia
Mountains and that flooding of San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks
results in conditions rendering fire department vehicular traffic unduly burdensome or impossible
as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995.
Furthermore, flood conditions described above create the potential for overcoming the ability of
the fire department to aid or assist in fire control, evacuations, rescues and other emergency task
demands inherent in such situations. The resulting overburdening of fire department personnel
may cause a substantial or total lack of protection against fire for the buildings and structures
located in the City of San Luis Obispo. The afore-described conditions support the imposition of
fire protection requirements greater than those set forth in the California State Building Standards
Code and, in particular, support the imposition of more restrictive requirements than set forth in
Sections 602.1.2, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, and 1506.3.1 of
the 2013 California Building Code, Sections R313.3.5 and R322.1 of the 2013 California
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Residential Code, Article 230-70 (A)(1) of the 2013 California Electrical Code, and Sections
302.1, 307.1.1, 307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5,
503.4.1, 503.5, 503.6, 507.2, 507.5.1, 603.1.4, 608.1, 901.4.2, 901.4.3, 903.2, 903.2.1, 903.1.1,
903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1404.5, 1410.1, 1412.1, 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2013 California Fire Code.
FINDING 2
The aforementioned flood and rain events result in conditions wherein stormwater can inundate
the wastewater treatment system as witnessed in major floods that occurred in 1952, 1961, 1969,
1973, 1978, 1982, and 1995. Furthermore, rain events and flood conditions described above
create a condition referred to as Inflow and Infiltration (I/I) that allow rain and flood waters to
flow and/or seep into the wastewater system and overcome the ability of the wastewater
collection system and Water Reclamation Facility (WRF) to convey and treat sewage. The
resulting overburdening of the wastewater system can result in threats to public health, public
and private property and water quality and result in violations and fines from the State of
California, the Environmental Protection Agency (EPA) or others. The afore-described
conditions support the imposition of code requirements more restrictive than those set forth in
Section 715.2 of the 2013 California Plumbing Code.
FINDING 3
That the City of San Luis Obispo is situated near three major faults each capable of generating
earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the
Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east,
and the Hosgri to the West. Other faults of importance are the Huasna and West Huasna to the
Southeast of the City, the San Simeon to the Northwest, and the Edna and Edna Extended faults
which enter the southern areas of the City. In as much as these faults are included as major
California earthquake faults, which are subject to becoming active at any time, the City of San
Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The
potential effects include isolating the City of San Luis Obispo from the North and South due to
the potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario
Grades and the potential for horizontal or vertical movement of the Edna fault rendering surface
travel across the southern extremities of the city unduly burdensome or impossible. Additional
potential situations inherent in such an occurrence include loss of the City's two main water
sources (the Salinas and Whale Rock reservoirs), broken natural-gas mains causing structure and
other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and
the rendering of first aid and other medical attention to large numbers of people. The protection
of human life and the preservation of property in the event of such an occurrence support the
imposition of fire protection requirements greater than those set forth in the California State
Building Standards Code and in particular support the imposition of more restrictive
requirements than set forth in Sections 602.1.2, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1,
907.7.5, 910.3.2.2, and 1506.3.1 of the 2013 California Building Code, Section R313.3.5 of the
2013 California Residential Code, Article 230-70 (A)(1) of the 2013 California Electrical Code,
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and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2,
503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.1, 603.1.4, 608.1, 901.4.2, 901.4.3, 903.2,
903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1404.5, 1410.1, 1412.1, 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.1 and D107.1 of the 2013 California Fire Code.
FINDING 4
That the central commercial area in the City of San Luis Obispo consists of mixed conditions that
create the potential for possible conflagration, including congested streets during the business
day, numerous older buildings without adequate internal fire-resistivity, and contemporary
low-rise buildings. Significant spread of fire in said area will actually exceed the fire suppression
capabilities of regional firefighting personnel. The continued development of the San Luis
Obispo commercial area and the current and potential development of high-rise buildings pose a
substantial threat of fire to human life, public safety, and the preservation of property and support
the imposition of fire protection requirements greater than those set forth in the California State
Building Standards Code, and in particular, support the imposition of more restrictive
requirements than set forth in Sections 602.1.2, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1,
907.7.5, 910.3.2.2, and 1506.3.1 of the 2013 California Building Code, Section R313.3.3.5 and
R322.1 of the 2013 California Residential Code, Article 230-70 (A)(1) of the 2013 California
Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1,
503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.1, 603.1.4, 608.1, 901.4.2,
901.4.3, 903.2, 903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1404.5, 1410.1,
1412.1, 2306.2, 2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1,
4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4,
5706.2.4, 5706.2.5, 6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1,
D103.6.2, D104.1, D105.2, D106.1 and D107.1
of the 2013 California Fire Code.
FINDING 5
That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 1) traversing in an east/west direction. The City
is also transected by a mainline railroad in the north/south direction. It is a frequent occurrence
for the aforementioned highways and railway to support the transportation of hazardous
materials. The potential for release or threatened release of a hazardous material along one of
these routes is highly probable given the volume of material transported daily. Incidents of this
nature will normally require all available emergency response personnel to prevent injury and
loss of life, and to prevent as far as practicable, property losses. Emergency personnel
responding to said incidents may be unduly impeded and delayed in accomplishing an emergency
response as a result of this situation, with the potential result of undue and unnecessary risk to the
protection of life and public safety, particularly in those buildings or structures without the
protection of automatic fire sprinklers. The above-described problems support the imposition of
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fire protection requirements greater than those set forth in the California State Building Standards
Code, and in particular support the imposition of more restrictive requirements than set forth in
Sections 602.1.2, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, and 1506.3.1 of
the 2013 California Building Code, Section R313.3.5 of the 2013 California Residential Code,
Article 230-70 (A)(1) of the 2013 California Electrical Code, and Sections 302.1, 307.1.1, 307.2,
307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6,
507.2, 507.5.1, 603.1.4, 608.1, 901.4.2, 901.4.3, 903.2, 903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1,
907.7.5, 910.3.2.2, 1404.5, 1410.1, 1412.1, 2306.2, 2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6,
3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8, 5704.2.8.3,
5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix Sections
B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and D107.1 of
the 2013 California Fire Code.
FINDING 6
That seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of San Luis Obispo.
The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in
the brush-covered slopes on the Santa Lucia Mountains, San Luis Mountain, and the Irish Hills
areas of the City of San Luis Obispo. The aforementioned areas completely surround the City.
When a fire occurs in said areas, such as occurred in 1985 when the Los Pilitas fire burned six
days and entered the City and damaged many structures, the entirety of local fire department
personnel is required to control, monitor, fight and protect against such fire situations in an effort
to protect life and preserve property and watershed land. The same climatic conditions may
result in the concurrent occurrence of one or more fires in the more populated areas of the City
without adequate fire department personnel to protect against and control such a situation.
Therefore, the above-described findings support the imposition of fire-protection requirements
greater than those set forth in the California State Building Standards Code, and in particular
support the imposition of more restrictive requirements than set forth in Sections 602.1.2, 903.2,
903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, and 1506.3.1 of the 2013 California
Building Code, Section 313.3.3.5 of the 2013 California Residential Code, Article 230-70 (A)(1)
of the 2013 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.1,
603.1.4, 608.1, 901.4.2, 901.4.3, 903.2, 903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5,
910.3.2.2, 1404.5, 1410.1, 1412.1, 2306.2, 2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5,
3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11,
5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix Sections B105.2, D103.1,
D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and D107.1 of the 2013
California Fire Code.
FINDING 7
That for the most part, the soils in the City of San Luis Obispo are medium to highly expansive
in nature, and such soils may cause damage to foundations, structures and underground utilities if
not properly mitigated through known construction techniques. Furthermore, a significant part of
the City lies on hills and rolling topography subject to earth slides and movements and present
problems to developments constructed in such areas due to surface water drainage and disposal.
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The above-described conditions support the imposition of requirements more restrictive than
those set forth in the California State Building Standards Code and, in particular, support the
imposition of greater requirements than those set forth in Sections 1804.3.2, 1809.7.1, and
1907.1-1907.5, 3109.8, Table 1809.7, and Appendix Sections J101.1, J101.3-J101.8, and J103.1-
J103.4 of the 2013 California Building Code and Section 314.4 and 715.2 of the 2013 California
Plumbing Code.
FINDING 8
In regards to the adoption of the Uniform Housing Code, the Uniform Code for the Abatement of
Dangerous Buildings, the International Property Maintenance Code, and Chapter 1.24 of this
code, it is hereby determined and found that the alternate abatement procedures and requirements
contained in these codes are equivalent to those provided by the State Housing Law (CCR, Title
25). Theses codes provide minimum fire, life safety, and sanitary standards and administrative
procedures for the maintenance of existing buildings.
FINDING 9
In regard to the amendments to CBC Sections 103.1, 104.12,_105.2, 105.3.2,_105.3.3,
105.7,_109.4, 112.4, 112.5, 113, 116.1, 202, CMC Section 114.1, CPC Section 103.4 and IPMC
Section 101.1, these provisions are administrative in nature and do not constitute “building
standards” as defined by law, and therefore a finding of local necessity is not required.
SECTION 5. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby repealed
in its entirety and new Chapter 15.02 is adopted to read as follows:
SECTION 15.02.010 ADOPTION OF CODES
Thirteen documents, three (3) each of which are on file in City offices, identified by the
Seal of the City of San Luis Obispo, marked and designated as the 2013 editions of the
California Building Code (Volumes 1 and 2), the California Residential Code, and the
California Fire Code published by the International Code Council, the 2013 edition of the
California Electrical Code published by the National Fire Protection Association, the
2013 editions of the California Mechanical Code and the California Plumbing Code
published by the International Association of Plumbing and Mechanical Officials, the
2013 editions of California Energy Code, the California Green Building Standards Code,
the California Historical Building Code, and the California Existing Building Code, the
2012 edition of International Property Maintenance Code published by the International
Code Council, and the 1997 editions of the Uniform Housing Code and the Uniform
Code for the Abatement of Dangerous Buildings published by the International
Conference of Building Officials are hereby adopted including chapters, sections and
appendices not adopted by agencies of the State of California. Furthermore, only the
chapters, sections and appendices of the 2013 California Residential Code and the 2013
California Green Building Standards Code adopted by the State of California are hereby
adopted. These regulations collectively will be known as the Building Construction and
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Fire Prevention Regulations of the City of San Luis Obispo. The provisions of such are
hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter
except as modified hereinafter.
SECTION 6. Chapter 15.04 of the San Luis Obispo Municipal Code is hereby repealed
in its entirety and new Chapter 15.04 is adopted to read as follows:
SECTION 15.04 CONSTRUCTION AND FIRE PREVENTION REGULATIONS
SECTION 15.04.010 BUILDING OFFICIAL AND FIRE CODE OFFICIAL
DESIGNATED
The Chief Building Official is hereby designated as the building official and code official
for the City of San Luis Obispo. The Fire Chief is hereby designated as the fire code
official for the City of San Luis Obispo. Where the “authority having jurisdiction” is
used in the adopted codes, it shall mean the building official or fire code official, as
applicable.
SECTION 15.04.020 AMENDMENTS; CALIFORNIA BUILDING CODE
A. Delete Appendix A, B, D, H and M.
B. Amend Chapter 1, Division II, Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Building and Safety Division is hereby
created and the official in charge thereof shall be known as the building official.
C. Add Chapter 1, Division II, Section 104.12 to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to
apply the building ordinances of the City of San Luis Obispo and those building
regulations mandated by State law to be enforced by the local agency to buildings and
structures containing one or more airspace lots as defined in this code so as to treat
the entirety of such buildings or structures as if they were on or within a single lot,
provided:
1. That such buildings or structures or portions thereof would otherwise
conform to such ordinances and regulations, but for the creation of such
airspace lots; and
2. That a covenant agreement, in a form designed to run with the land and
satisfactory to the Community Development Director, be recorded with the
Office of County Recorder and a copy filed with the Community Development
Department by the owners binding themselves and future owners and assigns
to keep, preserve and maintain all portions of such buildings or structures in
accordance with and pursuant to such building ordinances and regulations.
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D. Amend Chapter 1, Division II, Section 105.2, Building items 2 and 5 to read as
follows:
Work exempt from permit.
Building:
2. Fences not over 6 feet 7 feet high.
5. A water tank or a group of water tanks intended for storage of irrigation water
only supported directly on grade if the total capacity does not exceed 250 gallons
and the ratio of height to width does not exceed 2:1.
E. Amend Chapter 1, Division II, Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 180 days after the date of
filing, unless such application has been pursued in good faith or a permit has been
issued; except that the building official is authorized to grant one or more extensions
of time for additional periods not exceeding 180 days. The extension shall be
requested in writing and justifiable cause demonstrated. In order to renew action on
an application after expiration, the applicant shall resubmit plans and pay a new plan
review fee if additional review by the City is necessary.
F. Add Chapter 1, Division II, Section 105.3.3 to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Section 107.1,
a plan review fee shall be paid at the time of submitting the submittal documents for
plan review. Said plan review fee shall be in accordance with the schedule as
established by the applicable governing authority.
Separate plan review fees shall apply to permits for retaining walls and major
drainage structures in conjunction with grading. For excavation and fill on the same
site, the plan review fee for grading shall be based on the volume of excavation or fill,
whichever is greater.
The plan review fees specified in this section are separate fees from the permit fees
specified in Section 109.2 and are in addition to the permit fees.
Where submittal documents are incomplete or changed so as to require additional
plan review, or where the project involves deferred submittal items as defined in
Section 107.3.4.2, an additional plan review fee may be charged at a rate established
by the applicable governing authority.
G. Amend Chapter 1, Division II, Section 105.7 to read as follows:
105.7 Placement and Posting of Permit. A copy of the building permit shall be
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displayed on the construction site within 20 feet of the curb and shall be visible and
accessible to the public from the public right of way until completion of the project.
H. Amend Chapter 1, Division II, Section 109.4 to read as follows:
109.4 Work Commencing Before Permit Issuance. Any person who commences
any work on a building, structure, electrical, gas, mechanical or plumbing system
before obtaining the necessary permits shall be subject to a special investigation fee.
Special Investigation fees are equal to 100% of the normally established permit fee
and are in addition thereto, unless a lessor amount is determined to be
appropriate established by the building official. The building official may waive all or
a portion of the special investigation fee in the following cases:
1. Where a property owner inherits unpermitted construction through the purchase of
a property and voluntarily seeks a permit following initial discovery or notification of
the violation.
2. When a property owner commences emergency repairs to protect life or property
without first obtaining a permit during an emergency situation such as a natural
disaster or severe weather conditions, provided that the property owner obtains a
permit for such repairs as soon as practicable thereafter and no enforcement action is
required.
3. In other cases where the building official determines that unpermitted work did not
result from an intent to avoid compliance with building codes or permit requirements.
I. Add Chapter 1, Division II, Sections 112.4 and 112.5 to read as follows:
112.4 Underground utility services. All new electric, telephone, television, and
other communication service connections, for all new, altered, or enlarged buildings
shall be provided by underground wiring. Extension of electric or communication
distribution lines to serve such projects shall be underground wiring.
Exceptions:
1. A building located in residential or conservation/open space zone
established by the jurisdiction's zoning regulations, provided that there are
existing buildings on the property that are served by overhead connection
lines.
2. Replacement or relocation of electric service equipment served by existing
overhead wiring.
3. Where determined by the building official to be impractical or infeasible
within the standards and practices of the utility or other companies
providing such services.
Where the utility or other company's distribution system is underground, the
service lines shall terminate at a connection point designated by the utility company.
Where the utility or other company's distribution is overhead, the service lines shall
terminate as a pole riser on a pole designated by the utility company.
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112.5 Storage of solid waste containers. All new Group R, Division 3 occupancies
shall provide a space adequate in size to store and screen all solid waste containers
when viewed from the public right-of-way. The storage area shall have minimum
dimensions of 3 feet (914 mm) by 8 feet (2438 mm) or 6 feet (1829 mm) by 6 feet
(1829 mm) and shall not conflict with required parking spaces. If the storage area is
located in the front yard setback established by other ordinances, the storage area shall
be screened by a fence, partition or other enclosure in compliance with maximum
height limitations. In no case shall a partition or enclosure required by this section be
less than 48 inches (1219 mm) above adjacent grade.
J. Amend Chapter 1, Division II, Section 113 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official or fire code official relative
to the application and interpretations of the California Building Standards Code, the
Uniform Housing Code, the Uniform Code For the Abatement of Dangerous
Buildings, and the International Property Maintenance Code, there shall be and is
hereby created a Board of Appeals. Said Board shall also serve as the Housing
Appeals Board and the Local Accessibility Appeals Board referenced in the California
Building Standards Code. The building official or fire code official shall be an ex
officio member and shall act as secretary to said board but shall have no vote upon
any matter before the board. The Board of Appeals shall be appointed by the
applicable governing authority and shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its business.
113.2 Limitations on authority. An application for appeal shall be based on a claim
that the true intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally
good or better form or construction is proposed. The board shall have no authority to
waive requirements of this code. For appeals relating to accommodations for the
disabled, the authority of the board shall include the ability authorize reasonable
alternatives to disabled access requirements imposed by the California Building
Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members, five of
which who are qualified by experience and training to pass on matters pertaining to
building construction and building service equipment, hazards of fire, explosions,
hazardous conditions or fire protection systems and are not employees of the
jurisdiction. For matters subject to the appeal process referenced in H & S Code
19957.5 paragraph (b) regarding accommodations for persons with physical
disabilities, the board of appeals shall include two additional members who shall be
persons with disabilities as defined in the California Building Code.
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K. Amend Chapter 1, Division II, Section 116.1 of to read as follows:
116.1 Unsafe Conditions. Structures or existing equipment that are or hereafter
become unsafe, unsanitary or deficient because of inadequate means of egress
facilities, inadequate light and ventilation, or which constitute a fire hazard, or are
otherwise dangerous to human life or public welfare, or that involve illegal or
improper occupancy or inadequate maintenance, shall be deemed an unsafe condition.
Unsafe structures shall be taken down and removed or made safe, as the building
official deems necessary and as provided for in this section and the Uniform Housing
Code, the Uniform Code for the Abatement of Dangerous Buildings, and the
International Property Maintenance Code, as adopted. A vacant structure that is not
secured against entry shall be deemed unsafe.
L. Amend Section 202 by addition of the definitions for Airspace Lot and Airspace
Subdivision and Rainwater Harvesting System to read as follows:
Lot, Airspace. A division of the space above or below a lot with finite width, length
and upper and lower elevation occupied or to be occupied by a use, building or
portion thereof, group of buildings or portions thereof, and accessory buildings or
portions thereof, or accessory uses. An Airspace lot shall be identified on a final map
or a parcel map in the office of the County Recorder with a separate and distinct
number or letter. An Airspace lot shall have access to appropriate public rights of
way by means of one or more easements or other entitlements to use in a form
satisfactory to the Chief Building Official and the City Engineer.
Rainwater Harvesting System. A storm drainage collection system that collects
rainwater from the roof area of a structure or structures as recommended by the
American Rainwater Catchment System Association (ARCSA) guidelines or an
equivalent standard as approved by the Building Official and the San Luis Obispo
County Environmental Health Department.
Subdivision, Airspace. An airspace subdivision shall be as defined in Chapter 16 of
the San Luis Obispo Municipal Code.
M. Amend footnote d to Table 601 to read as follows:
d. An approved automatic sprinkler system in accordance with Section 903.3.1.1
shall be allowed to be substituted for 1-hour fire-resistance-rated construction,
provided such system is not otherwise required by other provisions of the California
Building Code without local amendments or used for an allowable area increase in
accordance with Section 506.3 or an allowable height increase in accordance with
Section 504.2. The 1-hour substitution for the fire resistance of exterior walls shall
not be permitted.
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N. Add Section 602.1.2 to read as follows:
602.1.2 Commercial fire zone. Construction of interior walls, floors, ceilings and
partitions as a part of additions or alterations to any existing building or structure
located within the commercial fire zone shown in Figure 6-A shall be constructed
with 5/8" Type "X" gypsum wallboard or its equivalent regardless of all other lesser
minimum requirements to the contrary.
Exception: Buildings protected throughout by an approved automatic fire
sprinkler system.
FIGURE 6-A – COMMERCIAL FIRE ZONE
O. Amend Section 705.11 by addition of item 7 to the Exceptions to read as follows:
7. The building is protected throughout by an approved automatic fire sprinkler
system.
P. Delete Sections 903.2 through 903.2.10.3. Add new Sections 903.2 and 903.2.1
through 903.2.10.3 to read as follows:
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903.2 Where required. An approved automatic fire sprinkler system shall be
installed:
1. Throughout new buildings.
Exceptions:
1. Buildings containing Groups A, B, E, F, H-4, M, S, and U
occupancies where floor area is not more than 1000 square feet
(92.9 m2), unless located in the commercial fire zone shown in
Figure 6-A.
2. Buildings of non-combustible construction located in the
commercial fire zone shown in Figure 6-A containing Groups A,
B, E, F, H-4, M, S, and U occupancies where floor area is not more
than 1000 square feet (92.9 m2).
3. Buildings located in the commercial fire zone shown in Figure 6-A
containing Groups A, B, E, F, H-4, M, S, and U occupancies where
floor area is not more than 1000 square feet (92.9 m2) and the
building is entirely surrounded by yards or public ways not less
than 20 feet (6096 mm) in width.
2. Throughout an existing building whenever alterations or additions result in an
increase of more than 1000 square feet (92.9 m2) of floor area, including
mezzanines or additional stories, or whenever the cost of alterations to an
existing building having a floor area of more than 1000 square feet (92.9m2)
exceeds 50 percent of the replacement cost of the building as determined by
the building official. The cost of alteration and increase in floor area shall
include all corresponding data from permits issued to the building for the
previous five years.
Exception: Group R, Division 3 and Group U occupancies.
3. In additions to existing buildings equipped with an automatic fire sprinkler
system.
4. Throughout an existing building where there is an occupancy classification
change for floor area exceeding 1000 square feet (92.9m2). The provisions of
Section 3406.1 shall not eliminate the requirement for an automatic fire
sprinkler system.
Exceptions:
1. An attached Group U occupancy changed to a Group R, Division 3
occupancy, provided the building was constructed before July 7,
1990 and there is no increase in floor area.
2. Occupancy classification changes to Groups F, M, S, and U from
an equivalent category as defined in previous editions of this code.
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5. In buildings 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 together with the floor
area within the horizontal projection of the roof shall be considered as one building.
903.2.1 through 903.2.10.3 not used. Text continues with
Section 903.2.11.
Q. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section or where a building is considered as mixed
occupancy due to the presence of two or more uses that are classified into different
occupancy groups, sprinklers shall be installed throughout in accordance with NFPA
13 except as provided in Section 903.3.1.1.1. Sprinkler system designs referenced in
Sections 903.3.5.1.1 and 903.3.5.1.2 shall require special approval by the fire code
official.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies,
automatic sprinklers shall not be required in the following rooms or areas where such
rooms or areas are protected with an approved alternative automatic fire extinguishing
system in accordance with Section 904. Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1. Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of
the nature of the contents, when approved by the fire code official, provided
such rooms or areas are separated from the remainder of the building by fire
barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour
fire-resistance–rated floor/ceiling assemblies.
3. Generator and transformer rooms separated from the remainder of the
building by walls and floor/ceiling or roof/ceiling assemblies having a fire-
resistance rating of not less than 2 hours.
R. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
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for receiving fire alarms in accordance with NFPA 72. The central station shall
contact and notify the police/fire dispatch center immediately on notification of an
alarm and prior to making contact with the protected premises.
S. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves
shall be provided at the point of connection to the riser on each floor in all buildings
two or more stories in height or in single-story buildings having a gross floor area of
10,000 square feet or more zoned into no more than 5,000 square- foot areas for the
purpose of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in buildings equipped with
an automatic fire extinguishing system installed in accordance with Section
903.3.1.3.
T. Amend Section 905.3.1 to read as follows, with Exceptions to remain:
905.3.1 Building Height. Class III standpipe systems shall be installed throughout
buildings where the floor level of the highest story is located more than 30 feet (9144
mm) above the lowest level of the fire department vehicle access, or where the floor
level of the lowest story is located more than 30 feet (9144 mm) below the highest
level of fire department vehicle access and in any parking structure exceeding one
level above or one level below grade.
U. Amend Section 907.7.5 to read as follows:
907.7.5 Monitoring. Fire alarm systems required by this chapter or by the California
Building Code shall be monitored by an approved central station service listed by
Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72. The
central station shall contact and notify the police/fire dispatch center immediately on
notification of an alarm and prior to making contact with the protected premises.
Exception: Supervisory service is not required for:
1. Single and multiple station smoke alarms required by Section 907.2.10.
2. Group I-3 occupancies shall be monitored in accordance with Section
907.2.6.3.4.
3. Automatic sprinkler systems in one and two-family dwellings.
V. Amend Section 910.3.2.2 to read as follows:
Section 910.3.2.2 Sprinklered buildings. Where installed in buildings equipped
with an approved automatic sprinkler system, smoke and heat vents shall be designed
to operate automatically by actuation of a heat responsive device rated at least 100
degrees above the operating temperature of the sprinkler heads.
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W. Add Section 1506.3.1 to read as follows:
1506.3.1 Wood shake and shingle roof covering limitations. Wood shake or
shingle roof coverings shall not be installed on any building.
Exception: A wood shake or wood shingle system listed as a Class A-rated roof
covering.
X. Add Section 1804.3.2 to read as follows:
1804.3.2 Drainage. Provisions shall be made for the control and drainage of surface
water around buildings. Drainage systems necessary shall be adequate to prevent
water from entering and accumulating under the building. Drainage water from
improvements and land contour changes shall not drain onto or across adjacent
properties except in recorded drainage easements or natural waterways.
Y. Add Section 1809.7.1 to read as follows:
1809.7.1 Depth of isolated footings. Isolated footings and piers, exterior of
perimeter foundation, shall have a minimum depth of 24 inches (609.6 mm) below the
lowest adjacent natural undisturbed grade.
Z. Modify Table 1809.7 to read as follows:
TABLE 1809.7
FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION a b c d e
NUMBER OF FLOORS
SUPPORTED BY THE
FOOTING f
WIDTH OF FOOTING
(inches)
THICKNESS OF
FOOTING
(inches)
DEPTH BELOW GRADE
(inches)
Perimeter Interior
1 12 6 21 12
2 15 8 24 18
3 18 8g 30 24
a Depth of footings shall be in accordance with Section 1809.4.
b The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c Interior stud bearing walls shall be permitted to be supported by isolated footings. The footing width and length
shall be twice the width shown in this table and the footings shall be spaced not more than 6 feet on center. d See section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design
Category C, D, E or F.
e For thickness of foundation walls see section 1807.1.6.
f Footings shall be permitted to support a roof in addition to the stipulated number of floors. Footings supporting
roofs only shall be as required for supporting one floor. Slabs supported on grade need not be considered a floor
for purposes of footing depths and widths.
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g Plain concrete footings for Group R-3 occupancies shall be permitted to be 6 inches thick.
h A grade beam 12" in width shall be provided at garage openings. Depth shall be as specified in this table.
AA. Amend Section 1907 to read as follows:
1907.1 General. The thickness of concrete floor slabs supported directly on the
ground shall be not less than 4 inches (101.6 mm). Concrete floor slabs shall be
underlain with a minimum of 4 inches (101.6 mm) of clean granular material. A 6-mil
(0.006 inch; 0.15 mm) polyethylene vapor retarder with joints lapped not less than 6
inches (152 mm) shall be placed shall be placed between the base course or subgrade
and the concrete floor slab, or other approved equivalent methods or materials shall
be used to retard vapor transmission through the floor slab.
Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3, such as
garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet (6.5
m2) and carports attached to occupancies in Group R-3.
3. For buildings or other occupancies where migration of moisture through
the slab from below will not be detrimental to the intended occupancy of
the building.
4. For driveways, walks, patios and other flatwork which will not be enclosed
at a later date.
5. Where approved based on local site conditions.
1907.2 Minimum reinforcing. Minimum reinforcing for slabs on grade shall be No.
3 bars at 24 inches (609.6 mm) on center each way placed at midpoint of slab
thickness. Slab reinforcement shall extend to within 2 inches (50.8 mm) of the
exterior edge of slabs.
1907.3 Slab to foundation connection. Tie bar reinforcing between slabs on grade
and foundation stem walls shall be No. 3 bars at 24 inches (609.6 mm) on center,
placed in foundation walls and bent at least 24 inches (609.6 mm) into the slabs and
tied to the slab reinforcing.
Exception: Floating slabs justified by an engineered design.
1907.4 Moisture content. Moisture content for expansive soils shall be 100 percent
of optimum to a depth of 18 inches (609.6 mm) below slab bottoms and shall be
maintained until slabs are poured. Soils under slabs shall be tested for moisture
content and slabs shall be poured within 24 hours of obtaining the required moisture
content. The area under raised floors need not be premoistened.
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1907.5 Penetrations. Openings in slabs on grade for bathtub piping and traps,
planters or other similar uses shall be sealed with concrete not less than 2 inches (50.8
mm) in thickness.
Exception: Plastic tub boxes may be used in lieu of concrete if properly sealed
around all edges and pipe penetrations.
BB. Amend Section 3109 by addition of Subsections 3109.7 through 3109.9 to read as
follows:
3109.7 Access to pool. Pools shall be accessible by means of ladders or steps. There
shall be not less than one such access for each 300 square feet (27.87 m2) of pool area
equally distributed around the perimeter.
3109.8 Lighting. Pools shall be equipped with artificial lighting adequate to
illuminate all underwater areas.
3109.9 Abandoned pools. A pool that is not used, is neglected, and is a hazard to
health and safety, shall be filled to the satisfaction of the building official. Before
filling, holes shall be made in the bottom of the pool to insure proper drainage.
Abandoned pools determined to be unsafe by the building official shall be abated in
accordance with the International Property Maintenance Code.
CC. Amend Appendix Section G102.2 to read as follows:
G102.2 Establishment of flood hazard areas. Flood hazard areas are established in
the current edition of the City of San Luis Obispo’s Flood Insurance Rating Map. All
construction work within designated flood hazards areas shall comply with the flood
plain management regulations contained in San Luis Obispo Municipal Code Section
17.84.
For the enforcement provisions of this appendix for flood resistant construction under
the purview of the City Engineer, building official may mean city engineer.
DD. Amend the title of Appendix Section G501 to read as
“BUILDINGS AND MANUFACTURED HOMES”
EE. Amend Appendix Section G501.1 to read as follows:
G501.1 Elevation. All new and replacement buildings and/or manufactured homes
to be built, placed or substantially improved within a flood hazard area shall comply
with the flood plain management regulations contained in San Luis Obispo Municipal
Code Section 17.84.
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FF. Amend Appendix Section G1001.3 to read as follows:
G1001.3 Elevation. Utility and miscellaneous Group U buildings and structures,
including substantial improvement of such buildings or structures, shall comply with
the flood plain management regulations contained in San Luis Obispo Municipal
Code Section 17.84.
GG. Amend Appendix Section G1001.6 to read as follows:
G1001.6 Protection of mechanical and electrical systems. New or replacement
electrical equipment and heating, ventilating, air conditioning and other service
facilities shall be either protected or elevated to at least 1 foot above base flood
elevation in conformance to San Luis Obispo Municipal Code Section 17.84.
HH. Amend Appendix Section J101.1 to read as follows:
J101.1 Scope. The provisions of this chapter apply to grading, excavation and
earthwork construction, including fills, embankments, and work within waterways.
Where conflicts occur between the technical requirements of this chapter and the
geotechnical report, the geotechnical report shall govern. This appendix recognizes
the importance of the waterways of the city and the need to regulate all changes to
these waterways.
For the enforcement provisions of this appendix for grading in new subdivisions
under the purview of the City Engineer, building official shall mean city engineer.
II. Add Appendix Sections J101.3 through J101.7 to read as follows:
J101.3 Hazardous conditions. Whenever the building official determines that any
existing excavation or embankment or fill on private property has become a hazard to
life and limb, or endangers property, or adversely affects the safety, use or stability of
a public way or drainage channel, the owner of the property upon which the
excavation or fill is located, or other person or agent in control of said property, upon
receipt of notice in writing from the building official, shall within the period specified
therein repair or eliminate such excavation or embankment so as to eliminate the
hazard and be in conformance with the requirements of this code.
J101.4 Dust control. All graded surfaces shall be wetted, protected or contained in
such manner as to prevent dust or spill upon any adjoining property or street.
J101.5 Emergency grading. The building official may authorize emergency grading
operations upon any site when necessary for the protection of the public health, safety
and welfare. Other city departments may take emergency action necessary to protect
public facilities.
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J101.6 Special grading standards. The topography of a site proposed for
development shall remain substantially in its natural state. Mass recontouring shall
not be allowed. In all cases the average cross slope of a site shall be determined prior
to any grading operations or approval of any grading plan. Where a site does not
slope uniformly, the building official or city engineer shall determine average cross
slope by proportional weighting of the cross slopes of uniformly sloping subareas.
The percentage of the site, exclusive of building area, to remain in its natural state
shall be in accordance with Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The
rounded edges shall have a radius equal to one-half the height of the cut or fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a
tentative subdivision map, development proposal, or similar entitlement consistent
with General Plan policies and other hillside standards is not subject to the specific
grading limitations noted in this section.
J101.7 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.
JJ. Amend Appendix Section J102 by addition of the following definitions:
AVERAGE CROSS SLOPE shall mean the ratio, expressed as a percentage, of the
vertical difference in elevation to the horizontal distance between two points on the
perimeter of the area, with the line connecting the two points being essentially
perpendicular to the contours between the two points. Different portions of any area
may have different average cross slopes.
WATERWAY shall mean a well-defined natural or manmade channel, creek, river,
lake or swale that conveys surface water, storm runoff, or other natural drainage either
year round or intermittently.
KK. Amend Appendix Section J103 to read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall
be performed without first having obtained a permit therefore from the building
official. A grading permit does not include the construction of retaining walls or
other structures. A grading permit shall be required for all work within any waterway,
including, but not limited to, earthwork, construction of drainage devices or erosion
control devices, removal of vegetation and modifications of banks and the bottom of
the waterway which may in the natural course of events lead to changes in flow
C4 - 21
characteristics. A grading permit shall be required for all work that will create a
stockpile of any earth material, subject to the surety bond required by Section J103.4
to guarantee restoration of the site to a natural or other condition acceptable to the
building official.
J103.2 Exempted Work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the
public, and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand,
gravel, aggregate, or clay controlled by other regulations, provided such
operations do not affect the lateral support of, or significantly increase stresses
in, soil on adjoining properties.
7. Exploratory excavations performed under the direction of a registered design
professional.
8. An excavation which does not exceed fifty cubic yards and (1) is less than 2
feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet
(1524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a
slope flatter than 1 unit vertical to 5 units horizontal, or less than 3 feet (914
mm) in depth, not intended to support structures, that does not exceed 50
cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.
10. Routine streambed vegetation control approved by the City Engineer.
Exemption from the permit requirements of this appendix shall not be deemed to
grant authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of this jurisdiction.
J103.3 Early grading. A grading permit shall not be issued prior to issuance of a
building permit for the project unless:
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1. A tentative minor subdivision or tract map, use permit, architectural review
commission project approval or similar authorization has been granted; and
2. Related street and utility grades have been established; and
3. A surety bond in accordance with Section J103.4 is deposited to guarantee
restoration of the site to a natural or other condition acceptable to the building
official should the project not proceed to completion.
J103.4 Bonds. The building official may require bonds in such form and amounts as
may be deemed necessary to ensure that the work, if not completed in accordance
with the approved plans and specifications, will be corrected to eliminate hazardous
conditions or restore a graded site to the original condition. In lieu of a surety bond,
the applicant may file a cash bond or instrument of credit with the building official in
an amount equal to that which would be required in the surety bond.
The city engineer may require that bonds be posted to recover the full
costs of any damage to public right-of-way which may occur because of the peculiar
nature or large scope of the project, such as transportation of fill or heavy equipment
on local streets not designed to accommodate the traffic.
LL. Amend Appendix Section J104.2 to read as follows:
J104.2 Site plan requirements. In addition to the provisions of Appendix Section
107, a grading plan shall show the existing grade and finished grade in contour
intervals of sufficient clarity to indicate the nature and extent of the work and show in
detail that it complies with the requirements of this code. The plans shall show the
existing grade on adjoining properties in sufficient detail to identify how grade
changes will conform to the requirements of this code. The plans shall show existing
drainage conditions and drainage devices and all proposed changes thereto. The plans
shall include the location and dimension of all trees on the site which are 3 inches
(76.2 mm) in diameter or larger at the trunk, measured at 4.5 feet (1.37 m) above
ground level, trees to be removed and trees to remain. A preservation plan shall be
submitted for all trees to remain. The plans shall indicate where excess material,
rocks, or rubble will be disposed of.
MM. Amend Appendix Section J110.1 to read as follows:
J110.1 General. All disturbed surfaces shall be prepared and maintained to control
erosion.
Exception: Erosion control measures need not be provided on cut slopes not
subject to erosion due to the erosion-resistant character of the materials.
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Erosion control shall be installed as soon as practicable and prior to calling for final
inspection.
NN. Add Appendix Table J101.6 as follows:
TABLE J101.6
GRADING TO REMAIN IN NATURAL STATE
Percent Average Cross Slope Percent of Site to Remain in Natural State
0-5 0
6-10 25
11-15 40
16-20 60
21-25 80
26-30 90
Above 30 100
SECTION 15.04.030 AMENDMENTS; CALIFORNIA RESIDENTIAL CODE
Adopt as approved by state agencies and amend the following sections:
A. Amend Section R109.1.2 Exception to read as follows:
Back-filling of ground-source heat pump loop systems tested in accordance with
ASTM Standards prior to inspection shall be permitted.
B. Add Section R313.3.3.5 to read as follows:
R313.3.3.5 Sprinkler Activation Alarm. An alarm audible from all sleeping rooms
shall be provided.
C. Amend Section R322.1 to read as follows:
R322.1 General. Buildings and structures constructed in whole or in part in flood
hazard areas (including A or V Zones) identified in the current edition of the City of
San Luis Obispo’s Flood Insurance Rating Map shall be designed and constructed in
accordance with the provisions contained in this section and the flood plain
management regulations contained in San Luis Obispo Municipal Code Section
17.84, whichever is more stringent. Buildings and structures located in whole or in
part in identified floodways shall be designed and constructed in accordance with
ASCE 24.
SECTION 15.04.040 AMENDMENTS; CALIFORNIA EXISTING BUILDING CODE
A. Amend Appendix Section A101 to read as follows:
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SECTION A101
PURPOSE
The purpose of this chapter is to promote public safety and welfare by reducing the
risk of death or injury that may result from the effects of earthquakes on existing
buildings of unreinforced masonry wall construction.
The provisions of this chapter are intended as minimum standards for structural
seismic resistance established primarily to reduce the risk of life loss or injury.
Compliance with these standards will not necessarily prevent loss of life or injury or
prevent earthquake damage to rehabilitated buildings.
B. Amend Appendix Section A102.1 to read as follows:
A102.1 General. The provisions of this chapter shall apply to all existing buildings
having at least one unreinforced masonry wall. The elements regulated by this
chapter shall be determined in accordance with Table A1-A. Except as provided
herein, other structural provisions of the building code shall apply. This chapter does
not apply to the alteration of existing electrical, plumbing, mechanical or fire safety
systems.
Exceptions:
1. Warehouses or similar structures not used for human habitation unless
housing emergency equipment or supplies.
2. A building having five living units or less.
C. Amend Appendix Section A103 to add the following definitions:
LEVEL A STRENGTHENING of an unreinforced masonry building is compliance
with the provisions of this chapter, limited to the removal of or bracing of parapets,
installation of anchors between walls and roof, and installation of anchors between
walls and floors.
LEVEL B STRENGTHENING of an unreinforced masonry building is compliance
with all provisions of this chapter.
D. Amend Appendix Section A109.2 to read as follows:
A109.2 Selection of Procedure. Buildings shall be analyzed by the General
Procedure of Section A110, which is based on Chapter 16 of the California Building
Code, or when applicable, buildings may be analyzed by the Special Procedure of
A111. Buildings with a substantially complete steel or concrete frame capable of
supporting gravity dead and live loads and that utilize unreinforced masonry walls as
non-bearing infill between frame members shall be analyzed by a procedure approved
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by the building official. Qualified historic structures may be analyzed per the
California Building Standards Code, Part 8, California Historical Building Code.
E. Add new Appendix Section A115 entitled "Administrative Provisions" to read as
follows:
SECTION A115
ADMINISTRATIVE PROVISIONS
A115.1 Compliance Requirements.
A115.1.1 Strengthening deadlines. The owner of a building within the scope of
this chapter shall structurally alter the building to conform to Level B Strengthening
by July 1, 2010 or when one of the following occurs:
1. The value of additions, alterations, and/or maintenance repairs requiring a
building permit, cumulative from March 4, 1992, exceeds 50 percent of the
replacement cost of the building established by the building official per
Appendix Section 108.3 of the Building Code, which may include a certified
appraisal report. The cumulative value of alterations and maintenance repairs
need not include reroofing, Level A Strengthening, and installation of an
automatic fire sprinkler system.
Exception: Buildings containing more than one tenant space if the floor
area of altered tenant spaces, cumulative from March 4, 1992, does not
exceed 50 percent of the total floor area of the building.
2. The use of the building changes to a different division of the same occupancy
group or to a different occupancy group.
Exceptions:
1. Notwithstanding the provisions of Section 3408 of the Building
Code, buildings containing more than one occupancy classification
need not be strengthened if the total floor area for changes in use,
cumulative from March 4, 1992, does not exceed 50 percent of the
floor area of the building.
2. Occupancy classification changes to Groups F, M, S and U from an
equivalent category as defined in the previous editions of this code.
3. An occupancy classification change to a Group R-2 Occupancy
with not more than five dwelling units.
4. An occupancy classification change to a Group S Occupancy used
exclusively as a warehouse with no human habitation.
3. If Level A strengthening work is completed by July 1, 2007, completion of the
remaining work to satisfy Level B strengthening requirements may be delayed
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until July 1, 2012. If Level A work is not completed by July 1, 2007, the City
Council will set a Level B completion deadline for each building on the basis
of relative hazard, but not later than July 1, 2010.
Exception: The building official, on a case-by-case basis, may approve an
alternate strengthening plan deemed equivalent to Level A strengthening
if:
1. A greater than 50 percent reduction in the unreinforced masonry
hazard for the building is accomplished by July 1, 2007; and,
2. A written agreement includes an acceptable work plan and
timeline; and,
3. The plan completes Level B strengthening by July 1, 2012.
A115.1.2 Permits. The owner of a building within the scope of this chapter shall
submit a complete application for a building permit to the building official to
strengthen the building to Level B requirements by July 1, 2005. The building permit
shall be obtained by January 1, 2006, and shall remain valid until required Level B
strengthening work is completed per Section A115.1.1.
Exception: For seismic strengthening or demolition projects that require
approval of a planning application by a City process, the planning application
shall be submitted to the Community Development Department by July 1, 2005.
The application for building or demolition permit shall be submitted following
approval of the planning application, and a building or demolition permit shall be
obtained by January 1, 2006.
A115.1.3 Posting of sign. The owner of a building within the scope of this chapter
shall post, at a conspicuous place near the primary entrances to the building, a sign
provided by the building official stating “This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the event of a major earthquake”.
The sign shall be posted within 60 days of receipt by the building owner per
installation standards established by the building official.
A115.2 Notice and Order
A115.2.1 General. The building official shall, within 30 days of the determination
that a building is of unreinforced masonry construction issue a notice and order as
provided in this section to the owner of a building within the scope of this chapter.
A115.2.2 Service of notice and order. A notice or order issued pursuant to this
section shall be in writing and shall be served either personally or by certified or
registered mail upon the owner as shown on the last equalized assessment roll, and
upon the person, if any, in apparent charge or control of the building. The failure of
any such person to receive such notice or order shall not affect the validity of any
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proceedings taken under this chapter or relieve any such person from any duty or
obligation imposed on him by the provisions of this chapter.
A115.2.3 Content of notice and order. The notice shall specify that the building
has been determined by the building official to be within the scope of this chapter
and, therefore, is subject to the minimum seismic standards of this chapter. The order
shall direct the owner to obtain a building or demolition permit as required by this
chapter and cause the building to be structurally altered to conform to the provisions
of this chapter, or cause the building to be demolished. The notice or order shall be
accompanied by a copy of Section A115.1, which sets forth the owner's
responsibilities.
A115.3 Appeal. The owner of the building may appeal the building official's initial
determination that the building is within the scope of this chapter to the Board of
Appeals established by Chapter 1, Division II, Section 113 of the California Building
Code, as adopted. Such appeal shall be filed with the Board within 60 days from the
service date of the order described in Section A115.2. Any appeal shall be decided by
the Board no later than 90 days after filing and the grounds thereof shall be stated
clearly and concisely. Appeals or requests for modifications from any other
determinations, orders or actions by the building official pursuant to this chapter shall
be made in accordance with the procedures established in Chapter 1, Division II,
Section 104.10 of the California Building Code.
A115.5 Recordation. At the time that the building official serves the
aforementioned notice, the building official shall also file and record with the office
of the county recorder a certificate stating that the subject building is within the scope
of this chapter and is a potentially earthquake hazardous building. The certificate
shall also state that the owner thereof will be ordered to structurally analyze the
building to determine compliance with this chapter.
If the building is either demolished, found not to be within the scope of this chapter,
or is structurally capable of resisting minimum seismic forces required by this chapter
as a result of structural alterations or an analysis, the building official shall file and
record with the office of the county recorder a form terminating the status of the
subject building as being classified within the scope of this chapter.
A115.6 Enforcement. If the owner in charge or control of the subject building fails
to comply with any order issued by the building official pursuant to this chapter
within the time limit set forth in Section A115.1, the building official shall verify that
the record owner of this building has been properly served. If the order has been
served on the record owner, then the following provisions apply:
1. The building official may order that the entire building be vacated and that the
building remain vacated until such order has been complied with. If
compliance with such order has not been accomplished within 90 days after
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the date the building has been ordered vacated or such additional time as may
have been granted by the Board of Appeals, the building official may order its
demolition in accordance with the provisions of Sections 107, 108, and 109 of
the International Property Maintenance Code.
2. Any person who violates any provision of this chapter is guilty of a
misdemeanor, and is subject to the penalty as provided for in Chapter 1.12 of the
City of San Luis Obispo Municipal Code. The City may also pursue alternative
civil remedies as set forth in Section 1.12.090 of the Municipal Code.
A115.7 Program monitoring and annual report. During January of each year, the
building official shall submit a report to the City Council outlining the progress to
date concerning reduction of the hazards presented by the unreinforced masonry
building inventory for the City. The report shall include:
1. The number of unreinforced masonry buildings strengthened, demolished, or
otherwise eliminated from the inventory;
2. The number of unreinforced masonry buildings remaining on the inventory,
including the status of orders issued pursuant to this Chapter that are not
resolved.
A115.8 Automatic Fire Sprinkler Systems. Buildings within the scope of this
chapter located in the commercial fire zone shown in Figure 9-A of the California
Fire Code, as amended, shall install an automatic fire sprinkler system in conjunction
with level B strengthening deadlines in accordance with Section 903.2.1 of the
California Fire Code, as amended in Municipal Code Section 15.04.100, unless a later
installation date is granted by both the building official and fire code official.
OO. Add Appendix Chapter A2 to read as follows:
Appendix Chapter A2
DEMOLITION AND MOVING
OF BUILDINGS
SECTION 201
GENERAL
A201.1 Purpose. The purpose of this appendix is to establish minimum standards
and procedures for the demolition and relocation (moving) of buildings and structures
to safeguard life, property, health and public welfare. It is also intended to ensure that
moved buildings are structurally sound, sanitary, habitable, and that they will
harmonize with existing development in the area to which they are to be moved.
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A201.2 Scope. This appendix sets forth rules and regulations to control demolition
and relocation operations, establishes the administrative procedures for review of an
application to demolish or move a building, and provides for the issuance of permits.
A201.3 Appeals. Any person aggrieved by a decision made under the terms of this
chapter may appeal such decision. For matters concerning the technical provisions of
this code, such appeal shall be subject to the provisions of the Chapter 1, Division II
Section 113 of the California Building Code; for all other matters, the appeal
provisions of Chapter 1.20 of the Municipal Code shall apply.
SECTION 202
DEFINITIONS
Section A202 General. For the purposes of this appendix, certain terms, words and
their derivatives shall be defined as specified in this section.
ARC means the Architectural Review Commission appointed by the City Council.
CHC means the Cultural Heritage Committee appointed by the City Council.
Demolition means the complete or partial removal of a structure.
Foundation means the structure, usually of concrete, resting on or in the ground,
including the footing, on which a building is erected.
Foundation wall means the walls of concrete or masonry that support a building.
Inventory of Historical Resources is the Master List of Historic Resources and the
Listing of Contributing Properties within Historical Preservation Districts approved
by the City Council.
Municipal Code means the San Luis Obispo Municipal Code.
Potential Historic Resource means a building which may meet the Criteria for
Historic Listing found in the City of San Luis Obispo Historic Preservation Program,
but which has not been evaluated or listed as an historic resource.
Slab means a flat piece of material, usually of concrete, placed on the ground for use
as a building floor, patio, driveway, walk, ball court and/or similar uses.
Structure means any human made site feature, including signs, walls, fences,
buildings, monuments, or similar features.
Substructure means the foundation of a building or structure including the piers and
piles.
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SECTION A203
PERMIT REQUIREMENTS
A203.1 Permit required. The demolition or relocation (moving) of any building or
structure shall not commence until a permit has been issued by the building official in
accordance with the provisions of this chapter and Chapter 1, Division II of the
California Building Code.
Exception: Temporary construction offices.
A permit to move a building shall be a building permit when the building is relocated
within the limits of the city. A permit to move a building shall be a demolition permit
when the building is relocated to a site outside of the city limits.
A203.2 Moving and Relocation of Buildings.
A203.2.1 Inspection of buildings to be moved. All buildings to be moved into or
within the city shall be inspected by the building official to determine compliance
with this code and suitability for moving prior to permit issuance.
A203.2.2 Transportation and building permits required. For moving projects, a
transportation permit shall be obtained from the public works director subsequent to
issuance of a moving permit. Building, plumbing, electrical, and mechanical permits
shall be required for all work necessary for the placement of a moved or relocated
building.
A203.3 Procedure for permit application processing. Prior to issuance of a permit
to demolish or relocate a building or structure, the permit application shall be subject
to the following:
1. Demolition or relocation of historical resource. For any structure located
on a property listed on the Inventory of Historical Resources, an application
for Architectural Review shall be submitted and require approval prior to
issuance of a permit for building relocation or demolition. The application
shall include plans for replacement structures, at the discretion of the
Community Development Director.
2. Demolition or relocation of structure not designated historical. For any
structure that is not located on a property listed on the Inventory of Historical
Resources and that is over 50 years old, the Community Development
Director shall determine if the structure or structures proposed for demolition
are a potential historic resource. If the Community Development Director
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determines that the structure or structures is/are a potentially historic
resource(s), the applicant shall submit an application for Architectural
Review. If the Community Development Director determines the structure or
structures not to be a potential historic resource, the applicant shall provide
evidence that for a period of not less than 90 days from date of permit
application, the building was advertised in a local newspaper on at least 3
separate occasions not less than 15 days apart, as available to any interested
person to be moved; and submit historic documentation for the structure in
accordance with criteria established by the Community Development Director
and the Cultural Heritage Committee.
Exceptions for Structures Not Designated Historical:
1. A building or structure determined by the building official to be a
dangerous building as defined in the International Property Maintenance
Code which poses an imminent, serious threat to the health, safety or
welfare of community residents or people living or working on or near the
site, and for which historic documentation acceptable to the Community
Development Director has been submitted.
2. Accessory buildings, sheds, garages and similar structures, unless
determined to be a potential historic resource by the Community
Development Director.
A203.4 Guarantee. Prior to issuance of a permit to demolish or move a building or
structure, the applicant shall provide the city with a guarantee in such form and
amount as may be deemed necessary by the building official to assure completion of
demolition or moving, removal of all debris, cleanup of the site, repair of damage to
public improvements, erection of barricades when required and filling of depression
below adjacent grade. The amount of the guarantee for demolition shall be not less
than one thousand dollars or twenty percent of the value of the demolition contract
price, whichever is greater. The amount of the guarantee for moving a building or
structure shall be twenty percent of the total value of all work to be accomplished and
associated with moving of the building, but not less than five thousand dollars. Work
required to comply with this section may be completed by the city after the time limits
stated have expired and shall be paid from the deposit. The deposit shall not be
released until such work is completed.
Exceptions:
1. No guarantee will be required when the demolition permit is issued at the
same time as a building permit for a redevelopment project.
2. When the structure to be moved is to be relocated outside the limits of the
city, the amount of the guarantee may be reduced when approved by the
building official, but in no case shall be less than one thousand dollars.
A203.5 Indemnity. Every person, firm or corporation to whom permission has been
granted under the terms of this chapter and other ordinances to utilize public property
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for the demolition or moving of any building or structure shall at all times assume
responsibility for any damage to public property. Such permission shall be further
conditioned that any person, firm or corporation shall, as a consideration for the use
of public property, at all times release, hold harmless and indemnify the city and all of
its agents and employees from any and all responsibility, liability, loss or damage
resulting to any persons or property caused by or incidental to the demolition or
moving work. Written indemnification in a form acceptable to the city attorney shall
be provided.
A203.6 Damage to public property. As a condition of obtaining a permit to demol-
ish or move any building or structure, the permittee shall assume liability for any
damage to public property occasioned by such moving, demolition, or removal
operations. Applicants for demolition permits shall provide information and plans
when requested for protection of public property. Information and plans shall be
specific as to type of protection, structural adequacy and location. Approval to use or
occupy public property shall be obtained before proceeding with demolition work.
A203.7 Insurance. Prior to the issuance of a permit to demolish or move any
building or structure, the permit applicant shall deposit with the building official a
certificate of liability insurance naming the city as an additional insured party on the
insurance policy. Such insurance shall be valid at all times during demolition or
moving operations. The liability insurance coverage shall be in an amount of at least
five hundred thousand dollars per occurrence for injuries, including accidental death
to any one person, and subject to the same limit for each additional person, in an
amount at least one million dollars on account of any one accident: and property
damage in an amount at least five hundred thousand dollars.
Exception: Demolition of a wood frame building not greater than two stories or
twenty-five feet in height, measured to the top of the highest point of the roof,
provided the building is not less than twenty feet from public property lines or, if
less than twenty feet from public property lines, adequate protection is provided
for pedestrians and public property to the satisfaction of the building official.
A203.8 Disconnecting service lines. Prior to the issuance of a permit to demolish or
relocate a building or structure, the permit applicant shall complete the following to
the satisfaction of the building official:
1. Electrical service. The power to all electric service lines shall be shut-off and
all such lines cut or disconnected outside the property line. Prior to the cutting
of such lines, the property owner or his agent shall notify and obtain the
approval of the electric service agency.
2. Other service. All gas, water, steam, storm, sanitary sewers, and other service
lines shall be shut-off and/or abandoned as required by the public works
director, utilities director, or other agency
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SECTION A204
PUBLIC SAFETY REQUIREMENTS
A204.1 General. The demolition or moving of any building shall not commence
until structures required for protection of persons and property are in place. Such
structures and the demolition work shall conform to the applicable provisions of
Chapter 33 of the California Building Code. Prior to permit issuance, a schedule of
operations shall be submitted to the building official for review and approval, and
shall set forth a sequence of work on the building, the need to barricade public streets,
details of travel to and from the site for hauling operations, route of moving,
estimated completion date, and any other significant work which may require
inspection or coordination with city departments.
A204.2 Dust and debris. During demolition operations, all material removed shall
be wet sufficiently or otherwise handled to control the dust incidental to removal.
All adjacent streets, alleys and other public ways and places shall be kept free and
clear of all rubbish, refuse and loose material resulting from the moving, demolition
or demolition removal operations, except as allowed by temporary encroachment
permits approved by the public works director.
SECTION A205
REMOVAL OF MATERIALS
A205.1 General. All building rubble and debris shall be removed from the
demolition site to an approved point of disposal.
A205.2 Foundations. All foundations, concrete slabs and building substructures
shall be removed to the satisfaction of the building official.
Exception: Foundations, concrete slabs on grade and building substructures may
remain if the site is fenced to the satisfaction of the building official.
A205.3 Completion. Upon completion of the removal of a building or structure by
either demolition or moving, the ground shall be left in a smooth condition free of
demolition debris. Holes in the ground, basements or cellars, shall be filled to
existing grade.
Exception: The filling of such excavation may not be required when a building
permit has been issued for a new building on the site and the construction thereof
is to start within sixty days after the completion of demolition or moving
operations and the permittee provides a temporary barricade protecting the
excavation on all sides to the satisfaction of the building official.
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SECTION 15.04.050 AMENDMENTS; CALIFORNIA MECHANICAL CODE
A. Delete Chapter 1, Division II and Table 114.1 . Administration of the mechanical
code shall be as set forth in Chapter 1, Division II of the California Building Code.
B. Delete Appendix Chapter E.
SECTION 15.04.060 AMENDMENTS; CALIFORNIA PLUMBING CODE
A. Delete Chapter 1, Division II, Table 103.4 and Appendix Chapters F, and L.
Administration of the plumbing code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Section 314.4 to read as follows:
314.4 All excavations shall be completely backfilled as soon after inspection as
practicable. A layer of sand or fine gravel shall be placed in all sewer trenches to
provide a leveling and laying bed for pipe. Adequate precaution shall be taken to
insure proper compactness of backfill around piping without damage to such piping.
Trenches shall be backfilled in thin layers to twelve (12) inches (.3 m) above the top
of the piping with clean earth which shall not contain stones, boulders, cinderfill,
frozen earth, construction debris or other materials which would damage or break the
piping or cause corrosive action. Mechanical devices such as bulldozers, graders,
etc., may then be used to complete backfill to grade. Fill shall be properly compacted.
Suitable precautions shall be taken to insure permanent stability for pipe laid in filled
or made ground.
C. Amend Section 715.2 to read as follows:
715.2 Joining Methods and Materials. Joining methods and materials for building
sewers shall be as prescribed in this code and shall only have joints that are glued,
solvent cemented, heat fused or welded.
Exception: Strongback type couplings may be used when connecting new or
replaced pipe to existing materials.
D. Add Section 1101.2.1 to read as follows:
1101.2.1 Rainwater Harvesting. Storm water drainage may be directed to an
approved rainwater harvesting system and used as an alternate source of water for
non-potable uses as approved by the Building Official and the San Luis Obispo
County Environmental Health Department. The installation and use of such a system
or systems must be designed to not interact with the potable water system, the
building sanitary sewer or drainage systems that flow to any creek. Rainwater
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harvesting systems must be maintained in such manner as to not cause damage to
neighboring properties.
SECTION 15.04.070 AMENDMENTS; CALIFORNIA ELECTRICAL CODE
A. Administration of the electrical code shall be as set forth in Chapter 1, Division II
of the California Building Code.
B. Amend Article 230-70(A)(1) to read as follows:
(1) Readily Accessible Location. The service disconnecting means shall be
installed at a readily accessible location either outside the building or other structure,
or inside nearest the point of entrance of the service conductors. The disconnecting
means shall be accessible to emergency personnel, either directly or by a remote
actuating device, without requiring transit of the building interior. Dedicated
electrical equipment rooms located at the building perimeter and providing direct
access to the outside shall satisfy accessibility for emergency personnel.
SECTION 15.04.080 AMENDMENTS; INTERNATIONAL PROPERTY
MAINTENANCE CODE
A. Delete Chapter 1 with the exception of Section 101.1 which is amended to read as
follows:
101.1 Administrative Provisions. The administrative provisions for the enforcement
of the International Property Maintenance Code shall be as set for the in the Uniform
Housing Code, The Uniform Code for the Abatement of Dangerous Buildings, and
other provisions of the San Luis Obispo Municipal Code.
SECTION 15.04.090 PERMITS REQUIRED FOR WELL CONSTRUCTION
A. No person shall construct, repair, modify, abandon or destroy any water well without
first obtaining a permit from the City. As used herein, "water well" shall mean an
artificial excavation constructed by any method for the purpose of extracting water
from, or injecting water into, the underground.
B. All work performed pursuant to each such permit shall be in conformance with all
State laws and standards including applicable portions of Department of Water
Resources Bulletin No. 74-81, all City ordinances, resolutions and policies relating
thereto, and such permit conditions as may be imposed by the City.
C. Any water well constructed, repaired, modified, destroyed, abandoned, or operated in
violation of this section or the permit requirements shall constitute a public nuisance
which may be abated by the City. A person who digs, drills, excavates, constructs,
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owns or controls any well and abandons such well and a person who owns, occupies,
possesses or controls any premises on which an abandoned well exists shall cap or
otherwise securely cover, cap or protect the entrance to the well. The capping or
covering shall be so constructed and installed as will prevent any human being from
suffering any bodily injury or death, through accident or inadvertence, by reason of
the existence of the well.
15.04.100 AMENDMENTS; CALIFORNIA FIRE CODE
A. Delete Appendix Chapter A.
B. Amend Chapter 1, Division II, Section 1.1.1 to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of San
Luis Obispo, may be cited as such and will be referred to herein as “this code”.
C. Amend Chapter 1, Division II, Section 105.1.1 to read as follows:
105.1.1 Permits required. Permits required by this code shall be obtained from the
fire code official. A fee for each permit shall be paid prior to issuance of the permit, in
accordance with the schedule as established by the applicable governing authority.
Issued permits shall be kept on the premises designated therein at all times and shall
be readily available for inspection by the fire code official.
D. Amend Chapter 1, Division II, Section 108 to read as follows:
108 Board of appeals established. In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the application
and interpretation of this code, there shall be and is hereby created a board of appeals.
The board of appeals shall be established as set forth in Chapter 1, Division II
Section 113 of the California Building Code, as amended in Section 15.04.020 of the
San Luis Obispo Municipal Code. The fire code official shall be an ex officio
member of said board but shall have no vote on any matter before the board. The
board shall adopt rules of procedure for conducting its business, and shall render all
decisions and findings in writing to the appellant with a duplicate copy to the fire
code official.
E. Amend Chapter 1, Division II, Section 109.3 to read as follows:
109.3 Violation penalties. Persons who shall violate a provision 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 code 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
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1,000 dollars or by imprisonment not exceeding one year, or both such fine and
imprisonment. Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
F. Amend Chapter 1, Division II, Section 111.4 to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable to a fine of not less
than that established by Municipal Code Section 1.12.040.
G. Amend Section 302.1 to read as follows:
Section 302.1, “Definitions”, is amended to add the following definition:
SKY LANTERN. An Airborne lantern typically made of paper with a wood frame
containing a candle, fuel cell composed of waxy flammable material or other open flame
which serves as a heat source to heat the air inside the lantern to cause it to lift into the
air. Sky candles, fire balloons and airborne paper lanterns mean the same as sky
lanterns.
H. Amend Section 307.1.1 and 307.2 to read as follows:
307.1.1 Prohibited open burning. No waste matter, combustible material or refuse
shall be burned in the open air within the city. Agricultural, ceremonial or similar
types of fires may be approved when authorized by the fire code official.
307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or
range or wildlife management practices, prevention or control of disease or pests.
Application for such approval shall only be presented by and permits issued to the
owner of the land upon which the fire is to be kindled.
I. Amend Sections 307.4.1 and 307.4.2 to read as follows:
307.4.1 Bonfires. Bonfires shall be prohibited.
307.4.2 Recreational fires. Recreational fires shall be prohibited.
Exception: Recreational fires may be permitted in approved, non-combustible
commercially built containers, measuring no more than 3 feet in diameter and 2
feet tall, raised at least 6 inches off the ground with non-combustible legs and
having a non-combustible spark arrester screen with holes no larger than ¼ inch.
The ground beneath this container shall be clear of combustible material for 10
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feet in diameter, and 10 feet away from combustible construction. The material
being burned shall be wood only, and shall not include pressure treated lumber. A
pre-connected garden hose shall be accessible.
J. Amend Section 308.1.6 to read as follows:
New Section 308.1.6.3 is added to read as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns is prohibited.
Exceptions:
(1) Upon approval of the fire code official, sky lanterns may be used under the
following conditions:
(a) When necessary for religious or cultural ceremonies and adequate safeguards
have been taken in the discretion of the fire code official. Sky lanterns must be
tethered in a safe manner to prevent them from leaving the area and must be
constantly attended until extinguished.
K. Amend Section 405.7 to read as follows:
405.7 Initiation. Where a fire alarm system is provided, emergency evacuation drills
shall be initiated by activating the fire alarm system. Prior to initiating an alarm, the
person initiating the alarm shall contact the fire alarm monitoring company and advise
the company’s dispatcher of the fire drill. In cases where the fire alarm system is not
monitored by a central station, notification shall be provided to the fire department
dispatch center.
L. Adopt Section 503.1 and Amend Section 503.1.1 and 503.1.2 to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or
moved into or within the jurisdiction. The fire apparatus access road shall comply
with the requirements of this section and shall extend to within 150 feet (45 720 mm)
of all portions of the facility and all portions of the exterior walls of the first story of
the building as measured by an approved route around the exterior of the building or
facility.
Exception: The fire code official is authorized to increase the dimension of 150
feet (45720 mm) to 300 feet (91440 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
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2. Fire apparatus access roads cannot be installed because of topography,
waterways, nonnegotiable grades or other similar conditions, and an approved
alternative means of fire protection is provided.
3. There is not more than two Group R-3 or Group U Occupancies, provided,
in the opinion of the fire code official, fire-fighting or rescue operations would
not be impaired.
503.1.2 Additional access. The fire code official is authorized to require more than
one fire apparatus access/egress road based on the potential for impairment of a single
road by vehicle congestion, condition of terrain, climatic conditions or other factors
that could limit access/egress.
M. Adopt Section 503.2 and amend Section 503.2.5 to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet
(45 720 mm) in length shall be provided with an approved area for turning around
fire apparatus.
Exception: Where buildings along the dead-end road are protected by an
approved fire sprinkler system throughout, the distance may be increased to 300
feet (91 440 mm)
N. Adopt Sections 503.3 and 503.4 and Amend Section 503.4.1 as follows:
503.4.1. Traffic calming devices. Traffic calming devices may be installed
provided acceptance of the design and approval of the construction by the fire
code official.
O. Adopt Section 503.5 and 503.6.
P. Amend Section 505.1 to read as follows:
505.1 Address numbers. New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position
that is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Address numbers shall be Arabic
numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm)
high with a minimum stroke width of 0.5 inch (12.7 mm) or as otherwise determined
necessary by the fire code official. Where access is by means of a private road and
the building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure.
Q. Amend Section 507.2 to read as follows:
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507.2 Type of water supply. A water supply shall consist of reservoirs, pressure
tanks, elevated tanks, water mains or other fixed systems connected to the municipal
water system and capable of providing the required fire-flow.
R. Amend Section 507.5.1 and delete Exceptions 1 to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 300 feet 91440 mm)
from a hydrant on a fire apparatus access road, as measured by an approved route
around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the fire code official.
S. Add Section 507.5.4.1 to read as follows:
507.5.4.1 Authority to remove obstruction. The fire code official and his
authorized representatives shall have the power and authority to remove or cause to be
removed, without notice, any vehicle, or object parked or placed in violation of the
California Fire Code. The owner of any item so removed shall be responsible for all
towing, storage and other charges incurred.
P. Amend Section 603.1.4 to read as follows:
603.1.4 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the
burner is approved and as stipulated by the burner manufacturer. Oil containing
gasoline shall not be used.
Q. Amend Section 603.9 to read as follows:
603.9 Gas meters. Above-ground gas meters, regulators and piping subject to
damage shall be protected by a barrier complying with Section 312 or otherwise
protected in an approved manner. Gas meters shall be permanently marked and
identified as to the building or system served.
R. Amend Section 608.1 to read as follows:
Section 608.1 Scope. Stationary storage battery systems having an electrolyte
capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-
Cd) and valve-regulated lead acid (VRLA), or 1,000 pounds (454 kg) for lithium-ion,
used for facility standby power, emergency power, or uninterrupted power supplies or
the indoor storage of electric carts, cars, fork-lifts and similar equipment, shall
comply with this section and Table 608.1.
S. Amend Section 901.4.2 and Section 901.4.3 to read as follows:
901.4.2 Non-required fire protection systems. Any fire protection system or
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portion thereof not required by this code or the California Building Code may be
allowed, when approved by the fire code official, to be furnished for partial or
complete protection provided such installed system meets the requirements of this
code and the California Building Code.
901.4.3 Additional fire protection systems. In occupancies of a hazardous nature,
where special hazards exist in addition to the normal hazards of the occupancy, or
where the code official determines that access for fire apparatus is unduly difficult, or
the location is beyond the four-minute response time of the fire department, the fire
code official shall have the authority to require additional safeguards. Such
safeguards include, but shall not be limited to, the following: automatic fire detection
systems, fire alarm systems, automatic fire extinguishing systems, standpipe systems,
or portable or fixed extinguishers. Fire protection equipment required under this
section shall be installed in accordance with this code and applicable referenced
standards.
T. Amend Section 901.6 to read as follows:
Section 901.6 Inspection, testing and maintenance. Fire detection, alarm and
extinguishing systems shall be maintained in an operative condition at all times, and
shall be replaced or repaired where defective. Non-required fire protection systems
and equipment shall be inspected, tested and maintained or removed. No person shall
cause a response of emergency personnel due to failure of notifying police/fire
dispatch of any drill, testing, maintenance, installation of, repair or alteration to any
fire protection system.
U. Amend Section 903.2 and delete Sections 903.2.1 through 903.2.10.3 and add
new Section 903.2.1 and 903.2.2 to read as follows:
903.2 General. An automatic fire-extinguishing system shall be installed in new
buildings as set forth in Section 903.2 of the California Building Code as amended by
Section 15.04.020 of the San Luis Obispo Municipal Code.
903.2.1 Existing buildings in commercial fire zone. Existing buildings located in
the commercial fire zone shown in Figure 9-A that are provided with an underground
fire sprinkler lateral, shall have an automatic fire sprinkler system installed and
operational within 24 months of the approval and acceptance of the lateral by the
City.
Exceptions:
1. The installation of an automatic fire sprinkler system required by Section
903.2.1 in a building of unreinforced masonry construction not strengthened
by July 1, 2007 shall coincide with the strengthening dates established by
Resolution #9890 (2007). City Council established dates range from 2008 to
2010 based on the relative hazard of the building.
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2. An automatic fire sprinkler
system required by Section 903.2.1 in a building of unreinforced masonry
construction strengthened as required by Appendix Chapter 1 of the 1997
Uniform Code for Building Conservation, as amended, prior to July 1, 2007,
shall be completed and operational by July 1, 2012.
3. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to October 1, 2004, shall be completed and operational by January 1,
2017.
FIGURE 9-A – COMMERCIAL FIRE ZONE
903.2.2 Notification. Whenever the fire code official determines that a building is
subject to the minimum requirements of Section 903.2.1, the building owner shall be
notified in writing that an automatic fire-sprinkler system shall be installed in the
building.
The notice shall specify in what manner the building fails to meet the minimum
requirements of Section 903.2.1. It shall direct that plans be submitted, that necessary
permits be obtained, and that installation be completed by the specified date. The fire
department shall serve the notice, either personally or by certified or registered mail,
upon the owner as shown on the last-equalized assessment roll and upon the person, if
any, in real or apparent charge or control of the building.
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Section 903.2.3 through Section 903.2.10.3 not used. Text continues with Section
903.2.11.
V. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section and where a building is considered as mixed
occupancy due to the presence of two or more uses that are classified into different
occupancy groups, sprinklers shall be installed throughout in accordance with NFPA
13 except as provided in Section 903.3.1.1.1.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies,
automatic sprinklers shall not be required in the following rooms or areas where such
rooms or areas are protected with an approved alternative automatic fire extinguishing
system in accordance with Section 904. Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1. Any room where the application of water, or flame and water, constitutes a serious
life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the fire code official.
3. Fire service access elevator machine rooms and machinery spaces.
4. Spaces or areas in telecommunications buildings used exclusively for
telecommunications equipment, and associated electrical power distribution
equipment, provided those spaces or areas are equipped throughout with an
alternative automatic fire extinguishing system in accordance with Section 904 and
are separated from the remainder of the building by not less than 2 hour fire
barriers constructed in accordance with Section 707 of the California Building
Code or not less than 2-hour horizontal assemblies constructed in accordance with
Section 712 of the California Building Code, or both.
W. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall
contact and notify the police/fire dispatch center immediately on notification of an
alarm and prior to making contact with the protected premises.
X. Amend Section 903.4.3 and add Exception to read as follows:
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903.4.3 Isolation control valves. Approved supervised indicating control valves
shall be provided at the point of connection to the riser on each floor in all buildings
two or more stories in height or in single-story buildings having a gross floor area of
10,000 square feet or more zoned into no more than 5,000 square- foot areas for the
purpose of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in building equipped with an
automatic fire extinguishing system installed in accordance with Section
903.3.1.3.
Y. Amend Section 905.3.1 to read as follows:
905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III
standpipe systems shall be installed throughout at each floor where any of the
following occur.
1. Buildings where the floor level of the highest story is located more than 30 feet
(9144 mm) above the lowest level of fire department vehicle access.
2. Buildings that are four or more stories in height.
3. Buildings where the floor level of the lowest story is located more than 30 feet
(9144 mm) below the highest level of fire department vehicle access.
4. Buildings that are two or more stories below the highest level of fire department
vehicle access.
5. In any parking structure exceeding one level above or one level below grade.
Z. Amend Section 907.7.5 to read as follows:
907.7.5 Monitoring. Fire alarm systems required by this chapter or by the California
Building Code shall be monitored by an approved central station service listed by
Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and
this section. The central station shall contact and notify the police/fire dispatch center
immediately on notification of an alarm and prior to making contact with the
protected premises.
Exception: Monitoring by a central station service is not required for:
1. Single- and multiple station smoke alarms required by Section 907.2.11.
2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.4.
3. Automatic sprinkler systems in one- and two-family dwellings.
AA. Amend Section 910.3.2.2 to read as follows:
Section 910.3.2.2 Sprinklered buildings. Where installed in buildings equipped
with an approved automatic sprinkler system, smoke and heat vents shall be designed
to operate automatically by actuation of a heat responsive device rated at least 100
degrees above the operating temperature of the sprinkler heads.
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BB. Amend Section 2306.2 to read as follows:
2306.2 Method of storage. Approved methods of storage for Class I, II and III
liquid fuels at motor fuel-dispensing facilities shall be in accordance with Sections
2306.2.1 through 2306.2.5.
CC. Amend Section 2306.2.3 to read as follows:
2306.2.3 Protected aboveground tanks located outside, above grade. Above-
ground tanks shall not be used for the storage and dispensing of Class I, II, or III
liquid motor fuels when approved by the fire code official and in accordance with this
Section, Section 5704.2.7 and Sections 5704.2.9.5.1 through Section 5704.2.9.5.3,
and fuel shall not be offered for resale.
1. Above-ground tanks used for outside, above-grade storage of Class I liquids shall
be listed and labeled as protected above-ground tanks and be in accordance with
Chapter 57. Such tanks shall be located in accordance with Table 2306.2.3.
2. Above-ground tanks used for above-grade storage of Class II or IIIA liquids are
allowed to be protected above-ground tanks or, when approved by the fire code
official, other above-ground tanks that comply with Chapter 57. Tank locations
shall be in accordance with Table 2306.2.3.
3. Tanks containing fuels shall not exceed 8,000 gallons (30 274 L) in individual
capacity or 16,000 gallons (60 549 L) in aggregate capacity. Installations with the
maximum allowable aggregate capacity shall be separated from other such
installations by not less than 100 feet (30 480 mm).
4. Tanks located at farms, construction projects, or rural areas shall comply with
Section 5706.2
DD. Amend Sections 2306.2.4 and 2306.2.4.1 to read as follows, and delete Section
2306.2.4.2:
2306.2.4 Above-ground tanks located in above-grade vaults or below-grade
vaults. Above-ground tanks used for storage of Class I, II, or III liquid motor fuels
are allowed to be installed in vaults located above grade or below grade in accordance
with Section 3404.2.8 and shall comply with Sections 2306.2.4.1 and 2306.2.4.2.
Tanks in above-grade vaults shall also comply with Table 2306.2.3 and the fuel shall
not be offered for resale.
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2306.2.4.1 Tank capacity limits. Tanks storing Class I, II or III liquids at an
individual site shall be limited to a maximum individual capacity of 8,000 gallons (30
274 L) and an aggregate capacity of 16,000 gallons (60 549 L).
EE. Amend Section 2306.2.6 items 1 and 6 to read as follows:
1. The special enclosure shall be liquid tight and vapor tight. A leak detection-
monitoring system capable of detecting liquid and providing an audible and visual
alarm shall be installed and tested annually.
Tanks containing Class I, II, or III liquids inside a special enclosure shall not
exceed 2,000 gallons (7569 L) in individual capacity or 6,000 gallons (22706
L) in aggregate capacity.
FF. Delete Section 3304.3 and amend Section 3304.5 to read as follows.
Section 3304.5 Fire watch. When required by the fire code official for construction,
alteration or building demolition that is hazardous in nature, qualified personnel shall
be provided to serve as on-site fire watch. Fire watch personnel shall be provided
with at least one approved means for notification of the fire department and their sole
duty shall be to perform constant patrols and watch for the occurrence of fire.
GG. Amend Section 3310.1 to read as follows:
Section 3310.1 Required access. Approved vehicle access for firefighting shall be
provided to all construction or demolition sites. Vehicle access shall be provided to
within 150 feet of all combustible material. Vehicle access shall be provided by
either temporary or permanent roads, capable of supporting vehicle loading under all
weather conditions. Vehicle access roads shall be maintained until permanent fire
apparatus access roads are available.
HH. Amend Section 3312.1 to read as follows:
Section 3312.1 When required. An approved water supply for fire protection,
either temporary or permanent, shall be made available prior to combustible material
arriving on the site.
II. Amend Section 4901.1 to read as follows:
4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative
fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm
fire suppression capabilities, or result in large property losses shall comply with this
chapter. In determining requirements for properties located within the wildland-urban
interface fire area, the fire code official may be guided by the requirements of the
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International Wildland-Urban Interface Code and National Fire Protection
Association Standards.
JJ. Amend Section 4902.1, definition of Wildland-Urban Interface Fire Area to read
as follows:
Wildland-Urban Interface Fire Area: is a geographical area identified by the state
as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code
Sections 4201 through 4204 and Government Code Section 51175 through 51189, or
other areas designated by the enforcing agency to be at a significant risk from
wildfires. Within the City of San Luis Obispo this includes those areas designated as
local very high fire hazard severity zones.
KK. Amend Section 4905.3 to read as follows:
Establishment of limits. The City of San Luis Obispo is considered a “Community at
Risk” due to the threat of wildfire impacting the urban community. The City shall
continue to enhance the fire safety and construction codes for new buildings in order
to reduce the risk of urban fires that may result from wildfires. New buildings
citywide shall incorporate the following construction methods and materials: Ignition
resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one
“pilot head”); Ember resistant vent systems for attics and under floor areas, protected
eaves, and Class ‘A’ roof coverings as identified in the California Building Code
Chapter 7A.
LL. Amend Section 5601.1 and add to read as follows:
5601.1 Scope. Manufacture, possession, storage, sale, transportation, handling or use
of explosive materials and the manufacture of explosive material and/or all fireworks,
including Safe and Sane as designated by the Office of the State Fire Marshal, is
prohibited within the City.
Exceptions:
1. The Armed Forces of the United States, Coast guard or National Guard.
2. Explosives in forms prescribed by the official United States
Pharmacopoeia.
3. The possession, storage or use of small arms ammunition when packaged
in accordance with DOTn packaging requirements.
4. The use of explosive materials by federal, state and local regulatory, law
enforcement and fire agencies acting in their official capacities.
5. Items preempted by federal regulations.
6. Use and handling of fireworks for display in accordance with Section
3308.1 when authorized by the fire code official and in full compliance with
Chapter 33.
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7. The transportation, handling or use of explosive materials in conjunction
with a City permitted construction or demolition project, subject to approval
of the fire code authority and conforming to the requirements of the California
Code of Regulations, Title 19, Division 1, Chapter 10.
MM. Amend Section 5704.2.7 and Delete the Exception to Section 5704.2.7.5.8 to read
as follows:
5704.2.7 Design, construction and general installation requirements for tanks.
All tanks shall be protected tanks as defined in Section 5702. The design, fabrication,
and construction of tanks shall comply with NFPA 30. Tanks shall be of double-
walled construction and listed by Underwriters Laboratories (UL). Each tank shall
bear a permanent nameplate or marking indicating the standard used as the basis of
design.
5704.2.7.5.8 Over-fill prevention. An approved means or method in accordance
with Section 5704.2.9.7.6 shall be provided to prevent the over-fill of all Class I, II
and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals
regulated by Sections 5706.4 or 5706.7 shall have over-fill protection in accordance
with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.6 shall be
provided to prevent the overfilling of Class IIIB liquid storage tanks connected to
fuel-burning equipment inside buildings
NN. Amend 5704.2.8.3 to read as follows:
5704.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall be
no backfill around the tank or within the vault. The vault floor shall drain to a sump.
For pre-manufactured vaults, liquid tightness shall be certified as part of the listing
provided by a nationally recognized testing laboratory. For field-erected vaults, liquid
tightness shall be certified in an approved manner.
OO. Amend Section 5704.2.8.11 to read as follows:
5704.2.8.11 Monitoring and detection. Activation of vapor detection systems shall
also shut off dispenser pumps. Monitoring and detection systems shall be inspected
and tested annually.
PP. Amend Sections 5704.2.9 to read as follows:
5704.2.9 Above-ground tanks outside of buildings. Above-ground tanks outside
of buildings shall comply with Section 3404.2 and Sections 5704.2.9.1 through
5704.2.9.6.10 and Section 2306.2.3, condition 3.
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QQ. Amend Section 5704.2.13.1.4 to read as follows:
5704.2.13.1.4 Tanks abandoned in place. A tank owner/operator proposing to
abandon a tank in place shall submit a permit application to the fire department for
assessment of soil contamination around the tank and product, vent and vapor piping.
If contamination is confirmed, a work plan for additional assessment or remediation
shall be submitted to the fire department within 30 days. If a tank is approved for
abandonment in place, the property owner will be required place a deed notice on the
property. The deed notice shall be notarized and recorded with the San Luis Obispo
County Clerk Recorder’s Office within 30 days of tank abandonment. Tanks
abandoned in place shall be as follows:
RR. Amend 5706.2.4 and the Exception to Section 5706.2.4 to read as follows:
5706.2.4 Permanent and temporary tanks. The capacity of permanent above-
ground tanks containing Class I, II or III liquids shall not exceed 1,100 gallons
(4164L). The capacity of temporary aboveground tanks containing class I, II, or III
liquids shall not exceed 8,000 gallons (30 274 L). Tanks shall be of the single-
compartment design, double-walled construction and shall be listed by Underwriters
Laboratory (UL).
Exception: Permanent aboveground tanks of greater capacity which meet the
requirements of 5704.2, as amended, may be permitted when approved by the fire
code official.
SS. Amend Section 5706.2.5 to read as follows:
5706.2.5 Type of tank. Tanks shall be listed for use by Underwriters Laboratory
(UL), provided with top openings only, and overfill protection, and approved
hoses/nozzles. Tanks shall be of double-walled construction or be provided with
secondary containment. Elevated gravity discharge tanks shall be permitted only by
approval of the fire code official.
TT. Amend Section 6104.2 to read as follows:
6104.2 Maximum capacity within established limits. The installation of any liquid
petroleum gas tank over 500 gallons (1892 L) water capacity is prohibited unless
approved by the fire code official.
UU. Amend the Exception to Appendix Section B105.2 to read as follows:
B105.2 Buildings other than one- and two-family dwellings. The minimum fire-
flow and flow duration for buildings other than one- and two-family dwellings shall
be as specified in Table B105.1.
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Exception: A reduction in required fire-flow of up to 50 percent, as approved by
the fire code official, may be allowed when the building is provided with an
approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons
per minute (5678 L/min) for the prescribed duration as specified in Table B105.1.
VV. Adopt Appendix D and Amend Appendix Section D103.1 to read as follows:
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire
apparatus road, the minimum road width shall be 26 feet (7925 mm). See Figure
D103.1.
Exceptions to Figure D103.1: Cul-de-sac diameter may be a minimum of 70 feet
as approved by the fire code official. Parking in cul-de-sacs of less than 96 feet in
diameter shall be approved by the fire code official.
WW. Amend Appendix Section D103.4 , Table D103.4 and Figure D103.1 to read as
follows:
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet shall
be provided with width and turnaround provisions in accordance with Table D103.4,
as amended.
Exception: Where buildings along the dead-end road are protected by an
approved fire sprinkler system throughout, the distance may be increased to 300
feet (91 440 mm).
Table D103.4: The minimum fire apparatus turnaround cul-de-sac diameter shall
be 70 feet, curb to curb, when posted “No Parking”.
XX. Amend Appendix Section D103.6 through D103.6.2 to read as follows:
D103.6 Signs. Where required by the fire code official, fire apparatus roads shall be
marked with NO PARKING--FIRE LANE signs city standards. Signs shall be posted
on one or both sides of the fire apparatus road as required by Section D103.6.1 or
D103.6.2.
D103.6.1 Roads less than 28 feet in width. Fire apparatus roads 20 to less than 28
feet wide shall be posted on both sides as a fire lane.
D103.6.2 Roads 28 or greater feet in width. Fire apparatus roads 28 to less than 36
feet wide shall be posted on one side of the road as a fire lane.
YY. Amend Appendix Section D104.1 to read as follows:
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D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or
facilities exceeding 30 feet (9144 mm) or three stories in height shall have adequate
means of fire department access for each structure as approved by the fire code
official.
ZZ. Amend the Exception to Appendix Section D104.2 to read as follows:
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5760 m2) shall be
provided with two separate and approved fire apparatus access roads.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-
A of this code may be provided with fire apparatus access roads having a
minimum width of 20 feet when approved by the fire code official.
AAA. Amend Appendix Section D105.2 by adding an exception to read as follows:
D105.2 Width. Aerial fire apparatus roads shall have a minimum unobstructed
width of 26 feet (7925 mm) in the immediate vicinity of any building or portion of a
building more than 30 feet (9144 mm) in height.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-
A of this code may be provided with fire apparatus access roads having a
minimum width of 20 feet when approved by the fire code official.
BBB. Amend Section D106.1 to read as follows:
D106.1 Projects having more than 100 dwelling units. Multiple-family residential
projects having more than 100 dwelling units shall be equipped throughout with two
separate and approved fire apparatus roads.
CCC. Delete Appendix Section D106.2.
DDD. Amend Appendix Section D107.1 to read as follows:
D107.1 One- or two-family dwelling residential developments. Developments of
one- or two-family dwellings where the number of dwelling units exceeds 30 shall be
provided with separate and approved fire access roads and shall meet the
requirements of D104.3. Where the number of dwelling units is less than 30, the fire
code official may require additional access in accordance with Section 503.1.2.
Exception: The number of dwelling units on a single fire apparatus access road
shall not be increased unless fire apparatus access roads will connect with future
development, as determined by the fire code official.
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SECTION 7. The Chief Building Official and Fire Code Official are hereby authorized
and directed to transmit a copy of this ordinance to the California Building Standards
Commission as required by California Health and Safety Code Section 17958.7.
SECTION 8. If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have
passed each and every remaining provision irrespective of such holding in order to accomplish
the intent of this ordinance.
SECTION 9. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes shall be published at least 5 days prior to its final passage in the
Tribune, a newspaper published and circulated in said City, and the same shall go into effect at
the expiration of 30 days after its final passage, but not before January 1, 2014. A copy of the
full text of this ordinance shall be on file in the Office of the City Clerk on and after the date
following introduction and passage to print and shall be available to any member of the public
INTRODUCED on the ____ day of ____________ 20__, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the ____ day of 20__, on the following roll call
vote:
AYES:
NOES:
ABSENT:
Mayor Jan Marx
ATTEST:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
C4 - 53
ORDINANCE NO. (2013 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 15 OF
THE MUNICIPAL CODE TO ADOPT AND AMEND THE LATEST EDITIONS OF THE
CALIFORNIA BUILDING STANDARDS CODES AND ADOPTING FINDINGS OF
FACT TO SUPPORT THE AMENDMENTS
WHEREAS, the State of California adopts and updates the California Building
Standards Code on a triennial basis, which constitutes the building and fire code regulations
applicable to all occupancies throughout the State, and
WHEREAS, the State has published the 2013 Edition of the California Building
Standards Code, comprised of various model codes and State amendments, which will become
effective on January 1, 2014, and
WHEREAS, pursuant to the California Health and Safety Code, Section 17958.5, local
jurisdictions are permitted to amend the California Building Standards Code as reasonably
necessary based on local climatic, geological or topographical conditions, provided such
amendments are not less restrictive than the requirements found in the State codes, and
WHEREAS, the California Health and Safety Code, Sections 17958.7 and 18941.5,
requires the City Council to make express findings that each such amendments are reasonably
necessary; and
WHEREAS, such findings must be made available as a public record and a copy thereof,
with each such amendment, shall be filed with the California Building Standards Commission
and/or the Department of Housing and Community Development, and
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo
to provide citizens with the greatest degree of fire, life and structural safety in buildings in the
most cost effective manner by adopting that body of regulations referred to as the California
Building Standards Code with amendments specific to the City of San Luis Obispo;
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The project is exempt from environmental
review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project
involves updates and revisions to existing regulations. The proposed code amendments are
consistent with California Law, specifically the CA Health & Safety Code Sections 17958.7 and
18941.5. It can be seen with certainty that the proposed Municipal Code text amendments will
have no significant effect on the environment.
SECTION 2. The findings justifying previous changes and modifications to the adopted
construction and fire codes as contained in Ordinance No. 1033 (1985 Series), Ordinance No.
C4 - 54
1105 (1987 Series), Ordinance No. 1169 (1990 Series), Ordinance No. 1170 (1990 Series),
Ordinance No. 1213 (1992 Series), Ordinance No. 1287 (1995 Series), Ordinance No. 1288
(1995 Series), Ordinance No. 1336 (1998 Series), Ordinance No. 1353 (1999 Series), Ordinance
No 1423 (2002 Series), Ordinance No. 1453 (2004 Series), Ordinance 1510 (2007 Series), and
Ordinance 1555 (2010 Series) are hereby re-affirmed.
SECTION 3. The provisions of the State Building Standards Code are hereby modified,
changed and amended, as provided for in this ordinance, based upon the foregoing findings and
those set forth herein and that said Council takes said action because of the public interest in
protecting life and preserving public safety and property. The City Council hereby determines
that Sections 602.1.2, 903.2, 903.3.1.1,903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1506.3.1,
1804.3.1, 1809.7, 1910.1-1910.5, Table 1809.7, 190710.1-190710.5, and Appendix Sections
J103.1-J03.4 of the 201302010 California Building Code, Section R313.3.3.5, R322.1, of the
201302010 California Residential Code, Section 315.4 of the 201302010 California Plumbing
Code, Article 270 (A)(1) of the 201302010 California Electrical Code, and Sections 302.1,
307.1.1, 307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5,
503.4.1, 503.5, 503.6, 507.2, 507.5.1, 603.1.4, 608.1, 901.4.2, 901.4.3, 903.2, 903.2.1, 903.1.1,
903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1404.5, 1410.1, 1412.1, 23206.2, 23206.2.3,
23206.2.4, 23206.2.4.1, 23206.2.6, 3301.1, 3404.2.7, 3404.2.8.3, 3404.2.8.11, 3404.2.9,
3404.2.13.1.4, 3406.2.4, 3406.2.5, 3304.5, 3310.1, 3312.1, 3804.2, and 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.12 and D107.1 of the 201302010 California Fire Code are required to be modified
due to the findings contained herein to be more restrictive greater requirements than those set
forth in the California State Building Standards;
SECTION 4 - Findings. The City Council finds that each of the changes or
modifications to measures referred to therein are reasonably necessary because of local climatic,
geological, or topographical conditions in the area encompassed by the boundaries of the City of
San Luis Obispo, and the City Council further finds that the following findings support the local
necessity for the changes or modifications:
FINDING 1
That the City of San Luis Obispo is situated at the base of a watershed of the Santa Lucia
Mountains and that flooding of San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks
results in conditions rendering fire department vehicular traffic unduly burdensome or impossible
as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995.
Furthermore, flood conditions described above create the potential for overcoming the ability of
the fire department to aid or assist in fire control, evacuations, rescues and other emergency task
demands inherent in such situations. The resulting overburdening of fire department personnel
may cause a substantial or total lack of protection against fire for the buildings and structures
located in the City of San Luis Obispo. The afore-described conditions support the imposition of
fire protection requirements greater than those set forth in the California State Building Standards
Code and, in particular, support the imposition of more restrictive greater requirements than set
forth in Sections 602.1.2, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, and
C4 - 55
1506.3.1 of the 201302010 California Building Code, Sections R313.3.5 and R322.1 of the
201302010 California Residential Code, Article 230-70 (A)(1) of the 201302010 California
Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1,
503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.1, 603.1.4, 608.1, 901.4.2,
901.4.3, 903.2, 903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1404.5, 1410.1,
1412.1, 2306.2, 2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1,
4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4,
5706.2.4, 5706.2.5, 6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1,
D103.6.2, D104.1, D105.2, D106.1 and D107.1 of the 201302010 California Fire Code.
FINDING 2
The aforementioned flood and rain events result in conditions wherein stormwater can inundate
the wastewater treatment system as witnessed in major floods that occurred in 1952, 1961, 1969,
1973, 1978, 1982, and 1995. Furthermore, rain events and flood conditions described above
create a condition referred to as Inflow and Infiltration (I/I) that allow rain and flood waters to
flow and/or seep into the wastewater system and overcome the ability of the wastewater
collection system and Water Reclamation Facility (WRF) to convey and treat sewage. The
resulting overburdening of the wastewater system can result in threats to public health, public
and private property and water quality and result in violations and fines from the State of
California, the Environmental Protection Agency (EPA) or others. The afore-described
conditions support the imposition of code requirements more restrictive than those set forth in
Section 715.2 of the 2013 California Plumbing Code.
FINDING 32
That the City of San Luis Obispo is situated near three major faults each capable of generating
earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the
Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east,
and the Hosgri to the West. Other faults of importance are the Huasna and West Huasna to the
Southeast of the City, the San Simeon to the Northwest, and the Edna and Edna Extended faults
which enter the southern areas of the City. In as much as these faults are included as major
California earthquake faults, which are subject to becoming active at any time, the City of San
Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The
potential effects include isolating the City of San Luis Obispo from the North and South due to
the potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario
Grades and the potential for horizontal or vertical movement of the Edna fault rendering surface
travel across the southern extremities of the city unduly burdensome or impossible. Additional
potential situations inherent in such an occurrence include loss of the City's two main water
sources (the Salinas and Whale Rock reservoirs), broken natural-gas mains causing structure and
other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and
the rendering of first aid and other medical attention to large numbers of people. The protection
of human life and the preservation of property in the event of such an occurrence support the
imposition of fire protection requirements greater than those set forth in the California State
Building Standards Code and in particular support the imposition of more
restrictivegreatergreater requirements than set forth in Sections 602.1.2, 903.2, 903.3.1.1, 903.4,
903.4.3, 905.3.1, 907.7.5, 910.3.2.2, and 1506.3.1 of the 201302010 California Building Code,
Comment [LJ1]: Added finding justifying the
amendment to CPC 715.2.
C4 - 56
Section R313.3.5 of the 201302010 California Residential Code, Article 230-70 (A)(1) of the
201302010 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.1,
603.1.4, 608.1, 901.4.2, 901.4.3, 903.2, 903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5,
910.3.2.2, 1404.5, 1410.1, 1412.1, 2306.2, 2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5,
3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11,
5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix Sections B105.2, D103.1,
D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and D107.1 of the 201302010
California Fire Code.
FINDING 433
That the central commercial area in the City of San Luis Obispo consists of mixed conditions that
create the potential for possible conflagration, including congested streets during the business
day, numerous older buildings without adequate internal fire-resistivity, and contemporary
low-rise buildings. Significant spread of fire in said area will actually exceed the fire suppression
capabilities of regional firefighting personnel. The continued development of the San Luis
Obispo commercial area and the current and potential development of high-rise buildings pose a
substantial threat of fire to human life, public safety, and the preservation of property and support
the imposition of fire protection requirements greater than those set forth in the California State
Building Standards Code, and in particular, support the imposition of more
restrictivegreatergreater requirements than set forth in Sections 602.1.2, 903.2, 903.3.1.1, 903.4,
903.4.3, 905.3.1, 907.7.5, 910.3.2.2, and 1506.3.1 of the 201302010 California Building Code,
Section R313.3.3.5 and R322.1 of the 201302010 California Residential Code, Article 230-70
(A)(1) of the 201302010 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1,
307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2,
507.5.1, 603.1.4, 608.1, 901.4.2, 901.4.3, 903.2, 903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1,
907.7.5, 910.3.2.2, 1404.5, 1410.1, 1412.1, 2306.2, 2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6,
3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8, 5704.2.8.3,
5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix Sections
B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and D107.1
of the 201302010 California Fire Code.
FINDING 544
That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 1) traversing in an east/west direction. The City
is also transected by a mainline railroad in the north/south direction. It is a frequent occurrence
for the aforementioned highways and railway to support the transportation of hazardous
materials. The potential for release or threatened release of a hazardous material along one of
these routes is highly probable given the volume of material transported daily. Incidents of this
nature will normally require all available emergency response personnel to prevent injury and
loss of life, and to prevent as far as practicable, property losses. Emergency personnel
responding to said incidents may be unduly impeded and delayed in accomplishing an emergency
response as a result of this situation, with the potential result of undue and unnecessary risk to the
C4 - 57
protection of life and public safety, particularly in those buildings or structures without the
protection of automatic fire sprinklers. The above-described problems support the imposition of
fire protection requirements greater than those set forth in the California State Building Standards
Code, and in particular support the imposition of more restrictivegreatergreater requirements than
set forth in Sections 602.1.2, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, and
1506.3.1 of the 201302010 California Building Code, Section R313.3.5 of the 201302010
California Residential Code, Article 230-70 (A)(1) of the 201302010 California Electrical Code,
and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2,
503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.1, 603.1.4, 608.1, 901.4.2, 901.4.3, 903.2,
903.2.1, 903.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1404.5, 1410.1, 1412.1, 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.1 and D107.1 of the 201302010 California Fire Code.
FINDING 655
That seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of San Luis Obispo.
The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in
the brush-covered slopes on the Santa Lucia Mountains, San Luis Mountain, and the Irish Hills
areas of the City of San Luis Obispo. The aforementioned areas completely surround the City.
When a fire occurs in said areas, such as occurred in 1985 when the Los Pilitas fire burned six
days and entered the City and damaged many structures, the entirety of local fire department
personnel is required to control, monitor, fight and protect against such fire situations in an effort
to protect life and preserve property and watershed land. The same climatic conditions may
result in the concurrent occurrence of one or more fires in the more populated areas of the City
without adequate fire department personnel to protect against and control such a situation.
Therefore, the above-described findings support the imposition of fire-protection requirements
greater than those set forth in the California State Building Standards Code, and in particular
support the imposition of more restrictivegreatergreater requirements than set forth in Sections
602.1.2, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, and 1506.3.1 of the
201302010 California Building Code, Section 313.3.3.5 of the 201302010 California Residential
Code, Article 230-70 (A)(1) of the 201302010 California Electrical Code, and Sections 302.1,
307.1.1, 307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5,
503.4.1, 503.5, 503.6, 507.2, 507.5.1, 603.1.4, 608.1, 901.4.2, 901.4.3, 903.2, 903.2.1, 903.1.1,
903.4, 903.4.3, 905.3.1, 907.7.5, 910.3.2.2, 1404.5, 1410.1, 1412.1, 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 201302010 California Fire Code.
FINDING 766
That for the most part, the soils in the City of San Luis Obispo are medium to highly expansive
in nature, and such soils may cause damage to foundations, structures and underground utilities if
not properly mitigated through known construction techniques. Furthermore, a significant part of
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the City lies on hills and rolling topography subject to earth slides and movements and present
problems to developments constructed in such areas due to surface water drainage and disposal.
The above-described conditions support the imposition of requirements more restrictive greater
than those set forth in the California State Building Standards Code and, in particular, support the
imposition of greater requirements than those set forth in Sections 1804.3.21, 1809.7.1, and
1907101910.1-1907101910.5, 3109.8, Table 1809.7, and Appendix Sections J101.1, J101.3-
J101.8, and J103.1- J103.4 of the 201302010 California Building Code and Section 3145.4 and
715.2 of the 201302010 California Plumbing Code.
FINDING 7
That the more-restrictive modifications requiring automatic fire-sprinkler systems in buildings
evidenced by the afore-described findings allow a trade-off for, and reduction of, other less
effective fire-resistive components of a building, support the acceptance of requirements lesser
than those set forth in the California State Building Standards Code and, in particular, support the
imposition of lesser requirements than those set forth in Section 705.11 of the 2010 California
Building Code and Sections 503.1.1, and 503.2.5 of the 2010 California Fire Code.
FINDING 8
In regards to the adoption of the Uniform Housing Code, the Uniform Code for the Abatement of
Dangerous Buildings, the International Property Maintenance Code, and Chapter 1.24 of this
code, it is hereby determined and found that the alternate abatement procedures and requirements
contained in these codes are equivalent to those provided by the State Housing Law (CCR, Title
25). Theses codes provide minimum fire, life safety, and sanitary standards and administrative
procedures for the maintenance of existing buildings.
FINDING 9
In regard to the amendments to CBC Sections 103.1, 104.12,_105.2, 105.3.2,_105.3.3,
105.7,_109.4, 112.4, 112.5, 113, 116.1, 202, CMC Section 114.1, CPC Section 103.4 and IPMC
Section 101.1, these provisions are administrative in nature and do not constitute “building
standards” as defined by law, and therefore a finding of local necessity is not required.
SECTION 5. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby repealed
in its entirety and new Chapter 15.02 is adopted to read as follows:
SECTION 15.02.010 ADOPTION OF CODES
ThirteenEleven documents, three (3) each of which are on file in City offices, identified
by the Seal of the City of San Luis Obispo, marked and designated as the 20130 editions
of the California Building Code (Volumes 1 and 2), the California Residential Code, and
the California Fire Code published by the International Code Council, the 20130 edition
Comment [LJ2]: There is no amendment to CBC
705.11. It may have been deleted in a prior code
adoption. Also, amendments cannot be less restrictive
than state codes – this finding is unnecessary.
C4 - 59
of the California Electrical Code published by the National Fire Protection Association,
the 20130 editions of the California Mechanical Code and the California Plumbing Code
published by the International Association of Plumbing and Mechanical Officials, the
20130 editions of California Energy Code, the California Green Building Standards Code,
the California Historical Building Code, and the California Existing Building Code, the
201209 edition of International Property Maintenance Code published by
the International Code Council, and the 1997 editions of the Uniform Housing Code and
the Uniform Code for the Abatement of Dangerous Buildings published by the
International Conference of Building Officials are hereby adopted including chapters,
sections and appendices not adopted by agencies of the State of California. Furthermore,
only the chapters, sections and appendices of the 201302010 California Residential Code
and the 201302010 California Green Building Standards Code adopted by the State of
California are hereby adopted. These regulations collectively will be known as the
Building Construction and Fire Prevention Regulations of the City of San Luis Obispo.
The provisions of such are hereby referred to, adopted, and made a part hereof as if fully
set out in this Chapter except as modified hereinafter.
SECTION 6. Chapter 15.04 of the San Luis Obispo Municipal Code is hereby repealed
in its entirety and new Chapter 15.04 is adopted to read as follows:
SECTION 15.04 CONSTRUCTION AND FIRE PREVENTION REGULATIONS
SECTION 15.04.010 BUILDING OFFICIAL AND FIRE CODE OFFICIAL
DESIGNATED
The Chief Building Official is hereby designated as the building official and code official
for the City of San Luis Obispo. The Fire Chief is hereby designated as the fire code
official for the City of San Luis Obispo. Where the “authority having jurisdiction” is
used in the adopted codes, it shall mean the building official or fire code official, as
applicable.
SECTION 15.04.020 AMENDMENTS; CALIFORNIA BUILDING CODE
A. Delete Appendix A, B, D, H and K M.
B. Amend Chapter 1, Division II, Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Building and Safety Division is hereby
created and the official in charge thereof shall be known as the building official.
C. Add Chapter 1, Division II, Section 104.12 to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to
apply the building ordinances of the City of San Luis Obispo and those building
regulations mandated by State law to be enforced by the local agency to buildings and
Comment [LJ3]: The Uniform Housing Code
(UHC) and the Uniform Code for the Abatement of
Dangerous Buildings (UCADB) were adopted
previously, but left out of the last code adoption
ordinance. They provide technical, procedural and
administrative provisions for the maintenance of
existing buildings, including detailed procedures for
due process, the issuance of notices, conducting
hearings, collection of incurred costs and abatements.
The Uniform Housing Code is specifically adopted
and referenced in the CA Health & Safety Code,
Section 17922 and various sections of the CA State
Housing Law (e.g. CCR Title 25, Ch 1, Subchapter 1,
Article 5, Sec. 32) and is applicable only to residential
buildings. The UCADB is a companion document
that has compatible provisions that are applicable to
nonresidential buildings as well.
Comment [LJ4]: Appendices A (Employee
Qualifications, B (Board of Appeals), D (Fire
Districts), H (Signs) and M (Tsunami Generated
Flood Hazard) are not adopted by the State, are not
applicable to San Luis Obispo, and may conflict with
other ordinances and policies of the City.
C4 - 60
structures containing one or more airspace lots as defined in this code so as to treat
the entirety of such buildings or structures as if they were on or within a single lot,
provided:
1. That such buildings or structures or portions thereof would otherwise
conform to such ordinances and regulations, but for the creation of such
airspace lots; and
2. That a covenant agreement, in a form designed to run with the land and
satisfactory to the Community Development Director, be recorded with the
Office of County Recorder and a copy filed with the Community Development
Department by the owners binding themselves and future owners and assigns
to keep, preserve and maintain all portions of such buildings or structures in
accordance with and pursuant to such building ordinances and regulations.
D. Amend Chapter 1, Division II, Section 105.2, Building items 2 and 5 to read as
follows:
Work exempt from permit.
Building:
2. Fences not over 6 feet 7 feet high.
5. A water tank or a group of water tanks intended for storage of irrigation water
only supported directly on grade if the total capacity does not exceed 250 gallons
and the ratio of height to width does not exceed 2:1.
E. Amend Chapter 1, Division II, Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 180 days after the date of
filing, unless such application has been pursued in good faith or a permit has been
issued; except that the building official is authorized to grant one or more extensions
of time for an additional periods not exceeding 180 days. The extension shall be
requested in writing and justifiable cause demonstrated. In order to renew action on
an application after expiration, the applicant shall resubmit plans and pay a new plan
review fee if additional review by the City is necessary.
F. Add Chapter 1, Division II, Section 105.3.3 to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Section 107.1,
a plan review fee shall be paid at the time of submitting the submittal documents for
plan review. Said plan review fee shall be in accordance with the schedule as
established by the applicable governing authority.
Separate plan review fees shall apply to permits for retaining walls and major
drainage structures in conjunction with grading. For excavation and fill on the same
Comment [LJ5]: The model code language
changed to exempt fences up to 7 feet in height from
permit requirements, where historically this
exemption has been only up to 6 feet. We are
amending this section so that the exemption remains
at 6 feet in height, which is in agreement with the
City’s Zoning Regulations.
Comment [LJ6]: The sub item needs to be
identified otherwise this amendment has the
unintended consequence of deleting the remainder of
105.2.
Comment [LJ7]: If plans were previously
approved, but no permit obtained, and an applicant
wishes to renew the application within the same code
cycle, additional review would not be necessary and
additional fees should not be collected.
C4 - 61
site, the plan review fee for grading shall be based on the volume of excavation or fill,
whichever is greater.
The plan review fees specified in this section are separate fees from the permit fees
specified in Section 109.2 and are in addition to the permit fees.
Where submittal documents are incomplete or changed so as to require additional
plan review, or where the project involves deferred submittal items as defined in
Section 107.3.4.2, an additional plan review fee may be charged at a rate established
by the applicable governing authority.
G. Amend Chapter 1, Division II, Section 105.7 to read as follows:
105.7 Placement and Posting of Permit. A copy of the building permit shall be
displayed on the construction site within 20 feet of the curb and shall be visible and
accessible to the public from the public right of way until completion of the project..
H. Amend Chapter 1, Division II, Section 109.4 to read as follows:
109.4 Work Commencing Before Permit Issuance. Any person who commences
any work on a building, structure, electrical, gas, mechanical or plumbing system
before obtaining the necessary permits shall be subject to a special investigation fee.
Special Investigation fees are equal to 100% of the normally established permit fee
and are in addition thereto, unless a lessor amount is determined to be
appropriate established by the building official. The building official may waive all or
a portion of the special investigation fee in the following cases:
1. Where a property owner inherits unpermitted construction through the purchase of
a property and voluntarily seeks a permit following initial discovery or notification of
the violation.
2. When a property owner commences emergency repairs to protect life or property
without first obtaining a permit during an emergency situation such as a natural
disaster or severe weather conditions, provided that the property owner obtains a
permit for such repairs as soon as practicable thereafter and no enforcement action is
required.
3. In other cases where the building official determines that unpermitted work did not
result from an intent to avoid compliance with building codes or permit requirements.
G.I. Add Chapter 1, Division II, Sections 112.4 and 112.5 to read as follows:
Comment [LJ8]: Adding requirement to post a
copy of the building permit to inform the public that a
permit has been issued.
Comment [LJ9]: Fees should be established by
ordinance or resolution of the Council. Prior codes
specified that investigation fees were equal to the
permit fee, rather than leaving it up to the building
official to establish the fee. Although the practice of
the Department has continued to be to charge
investigation fees equal to the permit fee, this should
be codified.
Comment [LJ10]: There are cases where the
imposition of investigation fees may not be equitable
or may deter voluntary compliance, which is in the
interest of pubic safety. Where enforcement action is
negligible or unnecessary there is less of a
justification for such fees to defer associated costs.
Investigation fees also act as a form of deterrence to
those that may be inclined to avoid obtaining permits.
Unfortunately some people may find themselves in
violation unknowingly and without intent to do so.
C4 - 62
112.4 Underground utility services. All new electric, telephone, television, and
other communication service connections, for all new, altered, or enlarged buildings
shall be provided by underground wiring. Extension of electric or communication
distribution lines to serve such projects shall be underground wiring.
Exceptions:
1. A building located in residential or conservation/open space zone
established by the jurisdiction's zoning regulations, provided that there are
existing buildings on the property that are served by overhead connection
lines.
2. Replacement or relocation of electric service equipment served by existing
overhead wiring.
3. Where determined by the building official to be impractical or infeasible
within the standards and practices of the utility or other companies
providing such services.
Where the utility or other company's distribution system is underground, the
service lines shall terminate at a connection point designated by the utility company.
Where the utility or other company's distribution is overhead, the service lines shall
terminate as a pole riser on a pole designated by the utility company.
112.5 Storage of solid waste containers. All new Group R, Division 3 occupancies
shall provide a space adequate in size to store and screen all solid waste containers
when viewed from the public right-of-way. The storage area shall have minimum
dimensions of 3 feet (914 mm) by 8 feet (2438 mm) or 6 feet (1829 mm) by 6 feet
(1829 mm) and shall not conflict with required parking spaces. If the storage area is
located in the front yard setback established by other ordinances, the storage area shall
be screened by a fence, partition or other enclosure in compliance with maximum
height limitations. In no case shall a partition or enclosure required by this section be
less than 48 inches (1219 mm) above adjacent grade.
H.J. Amend Chapter 1, Division II, Section 113 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official or fire code official relative
to the application and interpretations of the California Building Standards Code, the
Uniform Housing Code, the Uniform Code For the Abatement of Dangerous
Buildings, and the International Property Maintenance Code, there shall be and is
hereby created a Board of Appeals. Said Board shall also serve as the Housing
Appeals Board and the Local Accessibility Appeals Board referenced in the California
Building Standards Code. The building official or fire code official shall be an ex
officio member and shall act as secretary to said board but shall have no vote upon
any matter before the board. The Board of Appeals shall be appointed by the
applicable governing authority and shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its business.
Comment [LJ11]: The Uniform Housing Code
and the Uniform Code for The Abatement of
Dangerous Buildings reference the Board of Appeals
and provide procedures for conducting hearings that
have been successfully utilized by jurisdictions
throughout California for decades.
C4 - 63
113.2 Limitations on authority. An application for appeal shall be based on a claim
that the true intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally
good or better form or construction is proposed. The board shall have no authority to
waive requirements of this code. For appeals relating to accommodations for the
disabled, the authority of the board shall include the ability authorize reasonable
alternatives to disabled access requirements imposed by the California Building
Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members, five of
which who are qualified by experience and training to pass on matters pertaining to
building construction and building service equipment, hazards of fire, explosions,
hazardous conditions or fire protection systems and are not employees of the
jurisdiction. For matters subject to the appeal process referenced in H & S Code
19957.5 paragraph (b) regarding accommodations for persons with physical
disabilities, the board of appeals shall include two additional members who shall be
persons with disabilities as defined in the California Building Code.
I.K. Amend Chapter 1, Division II, Section 116.1 of to read as follows:
116.1 Unsafe Conditions. Structures or existing equipment that are or hereafter
become unsafe, unsanitary or deficient because of inadequate means of egress
facilities, inadequate light and ventilation, or which constitute a fire hazard, or are
otherwise dangerous to human life or public welfare, or that involve illegal or
improper occupancy or inadequate maintenance, shall be deemed an unsafe condition.
Unsafe structures shall be taken down and removed or made safe, as the building
official deems necessary and as provided for in this section and the Uniform Housing
Code, the Uniform Code for the Abatement of Dangerous Buildings, and the
International Property Maintenance Code, as adopted. A vacant structure that is not
secured against entry shall be deemed unsafe.
J.L. Amend Section 202 by addition of the definitions for Airspace Lot and Airspace
Subdivision and Rainwater Harvesting System to read as follows:
Lot, Airspace. A division of the space above or below a lot with finite width, length
and upper and lower elevation occupied or to be occupied by a use, building or
portion thereof, group of buildings or portions thereof, and accessory buildings or
portions thereof, or accessory uses. An Airspace lot shall be identified on a final map
or a parcel map in the office of the County Recorder with a separate and distinct
number or letter. An Airspace lot shall have access to appropriate public rights of
way by means of one or more easements or other entitlements to use in a form
satisfactory to the Chief Building Official and the City Engineer.
Comment [LJ12]: The Uniform Housing Code
and the Uniform Code for The Abatement of
Dangerous Buildings provide administrative and
technical provisions for the abatement of substandard
or unsafe conditions.
C4 - 64
Rainwater Harvesting System. A storm drainage collection system that collects
rainwater from the roof area of a structure or structures as recommended by the
American Rainwater Catchment System Association (ARCSA) guidelines or an
equivalent standard as approved by the Building Official and the San Luis Obispo
County Environmental Health Department.
Subdivision, Airspace. An airspace subdivision shall be as defined in Chapter 16 of
the San Luis Obispo Municipal Code.
K.M. Amend footnote d to Table 601 to read as follows:
d. An approved automatic sprinkler system in accordance with Section 903.3.1.1
shall be allowed to be substituted for 1-hour fire-resistance-rated construction,
provided such system is not otherwise required by other provisions of the California
Building Code without local amendments or used for an allowable area increase in
accordance with Section 506.3 or an allowable height increase in accordance with
Section 504.2. The 1-hour substitution for the fire resistance of exterior walls shall
not be permitted.
L.N. Add Section 602.1.2 to read as follows:
602.1.2 Commercial fire zone. Construction of interior walls, floors, ceilings and
partitions as a part of additions or alterations to any existing building or structure
located within the commercial fire zone shown in Figure 6-A shall be constructed
with 5/8" Type "X" gypsum wallboard or its equivalent regardless of all other lesser
minimum requirements to the contrary.
Exception: Buildings protected throughout by an approved automatic fire
sprinkler system.
C4 - 65
FIGURE 6-A – COMMERCIAL FIRE ZONE
M.O. Amend Section 705.11 by addition of item 7 to the Exceptions to read
as follows:
7. The building is protected throughout by an approved automatic fire sprinkler
system.
N.P. Delete Sections 903.2 through 903.2.10.3. Add new Sections 903.2 and 903.2.1
through 903.2.10.3 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be
installed:
1. Throughout new buildings.
Exceptions:
1. Buildings containing Groups A, B, E, F, H-4, M, S, and U
occupancies where floor area is not more than 1000 square feet
(92.9 m2), unless located in the commercial fire zone shown in
Figure 6-A.
2. Buildings of non-combustible construction located in the
commercial fire zone shown in Figure 6-A containing Groups A,
C4 - 66
B, E, F, H-4, M, S, and U occupancies where floor area is not more
than 1000 square feet (92.9 m2).
3. Buildings located in the commercial fire zone shown in Figure 6-A
containing Groups A, B, E, F, H-4, M, S, and U occupancies where
floor area is not more than 1000 square feet (92.9 m2) and the
building is entirely surrounded by yards or public ways not less
than 20 feet (6096 mm) in width.
4. Buildings containing Group R, Division 3 occupancies that are not
considered to be a separate dwelling unit.
2. Throughout an existing building whenever alterations or additions result in an
increase of more than 1000 square feet (92.9 m2) of floor area, including
mezzanines or additional stories, or whenever the cost of alterations to an
existing building having a floor area of more than 1000 square feet (92.9m2)
exceeds 50 percent of the replacement cost of the building as determined by
the building official. The cost of alteration and increase in floor area shall
include all corresponding data from permits issued to the building for the
previous five years.
Exception: Group R, Division 3 and Group U occupancies.
3. In additions to existing buildings equipped with an automatic fire sprinkler
system.
4. Throughout an existing building where there is an occupancy classification
change for floor area exceeding 1000 square feet (92.9m2). The provisions of
Section 3406.1 shall not eliminate the requirement for an automatic fire
sprinkler system.
Exceptions:
1. AAn attached Group U occupancy changed to a Group R, Division
3 occupancy, provided the building was constructed before July 7,
1990 and there is no increase in floor area.
2. Occupancy classification changes to Groups F, M, S, and U from
an equivalent category as defined in previous editions of this code.
5. In buildings 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 together with the floor
area within the horizontal projection of the roof shall be considered as one building.
903.2.1 through 903.2.10.3 not used. Text continues with
Section 903.2.11.
Comment [MR13]: The California Fire Code
requires fire sprinklers throughout all buildings with a
“group R” fire area and does not distinguish between
“separate dwelling units” and “guest houses”. This
exception was deleted as local amendments may not
be less restrictive than the state adopted codes.
C4 - 67
O.Q. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section or where a building is considered as mixed
occupancy due to the presence of two or more uses that are classified into different
occupancy groups, sprinklers shall be installed throughout in accordance with NFPA
13 except as provided in Section 903.3.1.1.1. Sprinkler system designs referenced in
Sections 903.3.5.1.1 and 903.3.5.1.2 shall require special approval by the fire code
official.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies,
automatic sprinklers shall not be required in the following rooms or areas where such
rooms or areas are protected with an approved alternative automatic fire extinguishing
system in accordance with Section 904. Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1. Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of
the nature of the contents, when approved by the fire code official, provided
such rooms or areas are separated from the remainder of the building by fire
barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour
fire-resistance–rated floor/ceiling assemblies.
3. Generator and transformer rooms separated from the remainder of the
building by walls and floor/ceiling or roof/ceiling assemblies having a fire-
resistance rating of not less than 2 hours.
P.R. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall
contact and notify the police/fire dispatch center immediately on notification of an
alarm and prior to making contact with the protected premises.
Q.S. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves
shall be provided at the point of connection to the riser on each floor in all buildings
two or more stories in height or in single-story buildings having a gross floor area of
C4 - 68
10,000 square feet or more zoned into no more than 5,000 square- foot areas for the
purpose of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in buildings equipped with
an automatic fire extinguishing system installed in accordance with Section
903.3.1.3.
R.T. Amend Section 905.3.1 to read as follows, with Exceptions to remain:
905.3.1 Building Height. Class III standpipe systems shall be installed throughout
buildings where the floor level of the highest story is located more than 30 feet (9144
mm) above the lowest level of the fire department vehicle access, or where the floor
level of the lowest story is located more than 30 feet (9144 mm) below the highest
level of fire department vehicle access and in any parking structure exceeding one
level above or one level below grade.
S.U. Amend Section 907.7.5 to read as follows:
907.7.5 Monitoring. Fire alarm systems required by this chapter or by the California
Building Code shall be monitored by an approved central station service listed by
Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72. The
central station shall contact and notify the police/fire dispatch center immediately on
notification of an alarm and prior to making contact with the protected premises.
Exception: Supervisory service is not required for:
1. Single and multiple station smoke alarms required by Section 907.2.10.
2. Group I-3 occupancies shall be monitored in accordance with Section
907.2.6.3.4.
3. Automatic sprinkler systems in one and two-family dwellings.
T.V. Amend Section 910.3.2.2 to read as follows:
Section 910.3.2.2 Sprinklered buildings. Where installed in buildings equipped
with an approved automatic sprinkler system, smoke and heat vents shall be designed
to operate automatically by actuation of a heat responsive device rated at least 100
degrees above the operating temperature of the sprinkler heads.
U. Add Section 1101.2.1 to read as follows:
1101.2.1 Rainwater Harvesting. Storm water drainage may be directed to an
approved rainwater harvesting system and used as an alternate source of water for
non-potable uses as approved by the Building Official and the San Luis Obispo
County Environmental Health Department. The installation and use of such a system
or systems must be designed to not interact with the potable water system, the
building sanitary sewer or drainage systems that flow to any creek. Rainwater
harvesting systems must be maintained in such manner as to not cause damage to
Comment [LJ14]: Mislocated in last ordinance –
see 15.04.060…page 35.
C4 - 69
property, create a nuisance or be in conflict with the City of San Luis Obispo’s
Stormwater Management Plan.
V.W. Add Section 1506.3.1 to read as follows:
1506.3.1 Wood shake and shingle roof covering limitations. Wood shake or
shingle roof coverings shall not be installed on any building.
Exception: A wood shake or wood shingle system listed as a Class A-rated roof
covering.
W.X. Add Section 1804.3.211 to read as follows:
1804.3.211 Drainage. Provisions shall be made for the control and drainage of
surface water around buildings. Drainage systems necessary shall be adequate to
prevent water from entering and accumulating under the building. Drainage water
from improvements and land contour changes shall not drain onto or across adjacent
properties except in recorded drainage easements or natural waterways.
X.Y. Amend Add Section 1809.7.1 to read as follows:
1809.7.1 Depth of isolated footings. The minimum depth of footings below the
undisturbed ground surface shall be 12 inches (305 mm). Where applicable, the depth
of footings shall also conform to Sections 1805.2.1 through 1805.2.3 and Table
1805.4.2, unless another depth is recommended by a foundation investigation.
Isolated footings and piers, exterior of perimeter foundation, shall have a minimum
depth of 24 inches (609.6 mm) below the lowest adjacent natural undisturbed grade.
Y.Z. Modify Table 1809.7 to read be as follows:
TABLE 1809.7
FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION a b c d e
NUMBER OF FLOORS
SUPPORTED BY THE
FOOTING f
WIDTH OF FOOTING
(inches)
THICKNESS OF
FOOTING
(inches)
DEPTH BELOW GRADE
(inches)
Perimeter Interior
1 12 6 21 12
2 15 8 24 18
3 18 8g 30 24
a Depth of footings shall be in accordance with Section 1809.4.
b The ground under the floor shall be permitted tomay be excavated to the elevation of the top of the footing.
c A grade beam 12" in width shall be provided at garage openings. Depth shall be as specified in this table.
Comment [LJ15]: Provisions contained in 1809.
Also, the section numbers referenced are outdated.
C4 - 70
d Interior stud bearing walls shall be permitted tomay be supported by isolated footings. The footing width and length
shall be twice the width shown in this table and the footings shall be spaced not more than 6 feet (1829 mm)
on center. d e See section 190581908 for additional requirements for concrete footings of structures assigned to Seismic Design
Category C, D, E or F.
e For thickness of foundation walls see section 1807.1.6.
f Footings shall be permitted toFoundations may support a roof in addition to the stipulated number of floors.
FootingsFoundations supporting roofs only shall be as required for supporting one floor. Slabs supported on grade
need not be considered a floor for purposes of footing depths and widths.
g Plain concrete footings for Group R-3 occupancies shall be permitted to be 6 inches thick.
h A grade beam 12" in width shall be provided at garage openings. Depth shall be as specified in this table.g For
thickness of foundation walls see section 1807.1.6.
Z.AA. Amend Section 1907101910 to read as follows:
1907101910.1 General. The thickness of concrete floor slabs supported directly on
the ground shall be not less than 4 inches (101.6 mm). Concrete floor slabs shall be
underlain with a minimum of 4 inches (101.6 mm) of clean granular material. A 6-mil
(0.006 inch; 0.15 mm) polyethylene vapor retarder with joints lapped not less than 6
inches (152 mm) shall be placed shall be placed between the base course or subgrade
and the concrete floor slab, or other approved equivalent methods or materials shall
be used to retard vapor transmission through the floor slab.
Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3, such as
garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet (6.5
m2) and carports attached to occupancies in Group R-3.
3. For buildings or other occupancies where migration of moisture through
the slab from below will not be detrimental to the intended occupancy of
the building.
4. For driveways, walks, patios and other flatwork which will not be enclosed
at a later date.
5. Where approved based on local site conditions.
1907101910.2 Minimum reinforcing. Minimum reinforcing for slabs on grade shall
be No. 3 bars at 24 inches (609.6 mm) on center each way placed at midpoint of slab
thickness. Slab reinforcement shall extend to within 2 inches (50.8 mm) of the
exterior edge of slabs.
1907101910.3 Slab to foundation connection. Tie bar reinforcing between slabs on
grade and foundation stem walls shall be No. 3 bars at 24 inches (609.6 mm) on
Comment [LJ16]: Footnotes have been updated
and sequenced to correspond to the language in the
2013 CBC.
C4 - 71
center, placed in foundation walls and bent at least 24 inches (609.6 mm) into the
slabs and tied to the slab reinforcing.
Exception: Floating slabs justified by an engineered design.
1907101910.4 Moisture content. Moisture content for expansive soils shall be 100
percent of optimum to a depth of 18 inches (609.6 mm) below slab bottoms and shall
be maintained until slabs are poured. Soils under slabs shall be tested for moisture
content and slabs shall be poured within 24 hours of obtaining the required moisture
content. The area under raised floors need not be premoistened.
1907101910.5 Penetrations. Openings in slabs on grade for bathtub piping and
traps, planters or other similar uses shall be sealed with concrete not less than 2 inches
(50.8 mm) in thickness.
Exception: Plastic tub boxes may be used in lieu of concrete if properly sealed
around all edges and pipe penetrations.
AA.BB. Amend Section 3109 by addition of Subsections 3109.766 through
3109.988 to read as follows:
3109.766 Access to pool. Pools shall be accessible by means of ladders or steps.
There shall be not less than one such access for each 300 square feet (27.87 m2) of
pool area equally distributed around the perimeter.
3109.877 Lighting. Pools shall be equipped with artificial lighting adequate to
illuminate all underwater areas.
3109.988 Abandoned pools. A pool that is not used, is neglected, and is a hazard to
health and safety, shall be filled to the satisfaction of the building official. Before
filling, holes shall be made in the bottom of the pool to insure proper drainage.
Abandoned pools determined to be unsafe by the building official shall be abated in
accordance with the International Property Maintenance Code.
BB.CC. Amend Appendix Section G102.2 to read as follows:
G102.2 Establishment of flood hazard areas. Flood hazard areas are established in
the current edition of the City of San Luis Obispo’s Flood Insurance Rating Map. All
construction work within designated flood hazards areas shall comply with the flood
plain management regulations contained in San Luis Obispo Municipal Code Section
17.84.
For the enforcement provisions of this appendix for flood resistant construction under
the purview of the City Engineer, building official may mean city engineer.
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CC.DD. Amend the title of Appendix Section G501 to read as
“BUILDINGS AND MANUFACTURED HOMES”
DD.EE. Amend Appendix Section G501.1 to read as follows:
G501.1 Elevation. All new and replacement buildings and/or manufactured homes
to be built, placed or substantially improved within a flood hazard area shall comply
with the flood plain management regulations contained in San Luis Obispo Municipal
Code Section 17.84.
EE.FF. Amend Appendix Section G1001.3 to read as follows:
G1001.3 Elevation. Utility and miscellaneous Group U buildings and structures,
including substantial improvement of such buildings or structures, shall comply with
the flood plain management regulations contained in San Luis Obispo Municipal
Code Section 17.84.
FF.GG. Amend Appendix Section G1001.6 to read as follows:
G1001.6 Protection of mechanical and electrical systems. New or replacement
electrical equipment and heating, ventilating, air conditioning and other service
facilities shall be either protected or elevated to at least 1 foot above base flood
elevation in conformance to San Luis Obispo Municipal Code Section 17.84.
GG.HH. Amend Appendix Section J101.1 to read as follows:
J101.1 Scope. The provisions of this chapter apply to grading, excavation and
earthwork construction, including fills, embankments, and work within waterways.
Where conflicts occur between the technical requirements of this chapter and the
geotechnical soils report, the geotechnical soils report shall govern. This appendix
recognizes the importance of the waterways of the city and the need to regulate all
changes to these waterways.
For the enforcement provisions of this appendix for grading in new subdivisions
under the purview of the City Engineer, building official shall mean city engineer.
HH.II. Add Appendix Sections J101.3 through J101.7 to read as follows:
J101.3 Hazardous conditions. Whenever the building official determines that any
existing excavation or embankment or fill on private property has become a hazard to
life and limb, or endangers property, or adversely affects the safety, use or stability of
a public way or drainage channel, the owner of the property upon which the
excavation or fill is located, or other person or agent in control of said property, upon
receipt of notice in writing from the building official, shall within the period specified
Comment [LJ17]: Corresponds to language in the
2013 CBC.
C4 - 73
therein repair or eliminate such excavation or embankment so as to eliminate the
hazard and be in conformance with the requirements of this code.
J101.4 Dust control. All graded surfaces shall be wetted, protected or contained in
such manner as to prevent dust or spill upon any adjoining property or street.
J101.5 Emergency grading. The building official may authorize emergency grading
operations upon any site when necessary for the protection of the public health, safety
and welfare. Other city departments may take emergency action necessary to protect
public facilities.
J101.6 Special grading standards. The topography of a site proposed for
development shall remain substantially in its natural state. Mass recontouring shall
not be allowed. In all cases, the average cross slope of a site shall be determined prior
to any grading operations or approval of any grading plan. Where a site does not
slope uniformly, the building official or city engineer shall determine average cross
slope by proportional weighting of the cross slopes of uniformly sloping subareas.
The percentage of the site, exclusive of building area, to remain in its natural state (no
grading of any kind allowed) shall be in accordance with Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The
rounded edges shall have a radius equal to one-half the height of the cut or fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a
tentative subdivision map, development proposal, or similar entitlement consistent
with General Plan policies and other hillside standards is not subject to the specific
grading limitations noted in this section.
J101.7 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.
II.JJ. Amend Appendix Section J102 by addition of the following definitions:
AVERAGE CROSS SLOPE shall mean the ratio, expressed as a percentage, of the
vertical difference in elevation to the horizontal distance between two points on the
perimeter of the area, with the line connecting the two points being essentially
perpendicular to the contours between the two points. Different portions of any area
may have different average cross slopes.
Comment [LJ18]: See Agenda Correspondence
for a detailed explanation of amendments to this
section.
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WATERWAY shall mean a well-defined natural or manmade channel, creek, river,
lake or swale that conveys surface water, storm runoff, or other natural drainage either
year round or intermittently.
JJ.KK. Amend Appendix Section J103 to read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall
be performed without first having obtained a permit therefore from the building
official. A grading permit does not include the construction of retaining walls or
other structures. A grading permit shall be required for all work within any waterway,
including, but not limited to, earthwork, construction of drainage devices or erosion
control devices, removal of vegetation and modifications of banks and the bottom of
the waterway which may in the natural course of events lead to changes in flow
characteristics. A grading permit shall be required for all work that will create a
stockpile of any earth material, subject to the surety bond required by Section J103.4
to guarantee restoration of the site to a natural or other condition acceptable to the
building official.
J103.2 Exempted Work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the
public, and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand,
gravel, aggregate, or clay controlled by other regulations, provided such
operations do not affect the lateral support of, or significantly increase stresses
in, soil on adjoining properties.
7. Exploratory excavations performed under the direction of a registered design
professional.
8. An excavation which does not exceed fifty cubic yards and (1) is less than 2
feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet
(1524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a
slope flatter than 1 unit vertical to 5 units horizontal, or less than 3 feet (914
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mm) in depth, not intended to support structures, that does not exceed 50
cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.
10. Routine streambed vegetation control approved by the City Engineer.
Exemption from the permit requirements of this appendix shall not be deemed to
grant authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of this jurisdiction.
J103.3 Early grading. A grading permit shall not be issued prior to issuance of a
building permit for the project unless:
1. A tentative minor subdivision or tract map, use permit, architectural review
commission project approval or similar authorization has been granted; and
2. Related street and utility grades have been established; and
3. A surety bond in accordance with Section J103.4 is deposited to guarantee
restoration of the site to a natural or other condition acceptable to the building
official should the project not proceed to completion.
J103.4 Bonds. The building official may require bonds in such form and amounts as
may be deemed necessary to ensure that the work, if not completed in accordance
with the approved plans and specifications, will be corrected to eliminate hazardous
conditions or restore a graded site to the original condition. In lieu of a surety bond,
the applicant may file a cash bond or instrument of credit with the building official in
an amount equal to that which would be required in the surety bond.
The city engineer may require that bonds be posted to recover the full
costs of any damage to public right-of-way which may occur because of the peculiar
nature or large scope of the project, such as transportation of fill or heavy equipment
on local streets not designed to accommodate the traffic.
KK.LL. Amend Appendix Section J104.2 to read as follows:
J104.2 Site plan requirements. In addition to the provisions of Appendix Section
107, a grading plan shall show the existing grade and finished grade in contour
intervals of sufficient clarity to indicate the nature and extent of the work and show in
detail that it complies with the requirements of this code. The plans shall show the
existing grade on adjoining properties in sufficient detail to identify how grade
changes will conform to the requirements of this code. The plans shall show existing
drainage conditions and drainage devices and all proposed changes thereto. The plans
shall include the location and dimension of all trees on the site which are 3 inches
(76.2 mm) in diameter or larger at the trunk, measured at 4.5 feet (1.37 m) above
ground level, trees to be removed and trees to remain. A preservation plan shall be
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submitted for all trees to remain. The plans shall indicate where excess material,
rocks, or rubble will be disposed of.
LL.MM. Amend Appendix Section J110.1 to read as follows:
J110.1 General. All disturbed surfaces shall be prepared and maintained to control
erosion.
Exception: Erosion control measures need not be provided on cut slopes not
subject to erosion due to the erosion-resistant character of the materials.
Erosion control shall be installed as soon as practicable and prior to calling for final
inspection.
MM.NN. Add Appendix Table J101.6 as follows:
TABLE J101.6
GRADING TO REMAIN IN NATURAL STATE
Percent Average Cross Slope Percent of Site to Remain in Natural State
0-5 0
6-10 25
11-15 40
16-20 60
21-25 80
26-30 90
Above 30 100
SECTION 15.04.030 AMENDMENTS; CALIFORNIA RESIDENTIAL CODE
Adopt as approved by state agencies and amend the following sections:
A. Amend Section R109.1.2 Exception to read as follows:
Back-filling of ground-source heat pump loop systems tested in accordance with
ASTM Standards prior to inspection shall be permitted.
B. Add Section R313.3.3.5 to read as follows:
R313.3.3.5 Sprinkler Activation Alarm. An alarm audible from all sleeping rooms
shall be provided.
C. Amend Section R322.1 to read as follows:
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R322.1 General. Buildings and structures constructed in whole or in part in flood
hazard areas (including A or V Zones) identified in the current edition of the City of
San Luis Obispo’s Flood Insurance Rating Map shall be designed and constructed in
accordance with the provisions contained in this section or comply with and the flood
plain management regulations contained in San Luis Obispo Municipal Code Section
17.84, whichever is more stringent strict. Buildings and structures located in whole or
in part in identified floodways shall be designed and constructed in accordance with
ASCE 24strict.
SECTION 15.04.040 AMENDMENTS; CALIFORNIA EXISTING BUILDING CODE
A. Amend Appendix Section A101 to read as follows:
SECTION A101
PURPOSE
The purpose of this chapter is to promote public safety and welfare by reducing the
risk of death or injury that may result from the effects of earthquakes on existing
buildings of unreinforced masonry wall construction.
The provisions of this chapter are intended as minimum standards for structural
seismic resistance established primarily to reduce the risk of life loss or injury.
Compliance with these standards will not necessarily prevent loss of life or injury or
prevent earthquake damage to rehabilitated buildings.
B. Amend Appendix Section A102.1 to read as follows:
A102.1 General. The provisions of this chapter shall apply to all existing buildings
having at least one unreinforced masonry wall. The elements regulated by this
chapter shall be determined in accordance with Table A1-A. Except as provided
herein, other structural provisions of the building code shall apply. This chapter does
not apply to the alteration of existing electrical, plumbing, mechanical or fire safety
systems.
Exceptions:
1. Warehouses or similar structures not used for human habitation unless
housing emergency equipment or supplies.
2. A building having five living units or less.
C. Amend Appendix Section A103 to add the following definitions:
LEVEL A STRENGTHENING of an unreinforced masonry building is compliance
with the provisions of this chapter, limited to the removal of or bracing of parapets,
installation of anchors between walls and roof, and installation of anchors between
walls and floors.
Comment [LJ19]: Incorporating new language
from the 2013 CRC.
Comment [LJ20]: Incorporating new language
from the 2013 CRC.
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LEVEL B STRENGTHENING of an unreinforced masonry building is compliance
with all provisions of this chapter.
D. Amend Appendix Section A109.2 to read as follows:
A109.2 Selection of Procedure. Buildings shall be analyzed by the General
Procedure of Section A110, which is based on Chapter 16 of the California Building
Code, or when applicable, buildings may be analyzed by the Special Procedure of
A111. Buildings with a substantially complete steel or concrete frame capable of
supporting gravity dead and live loads and that utilize unreinforced masonry walls as
non-bearing infill between frame members shall be analyzed by a procedure approved
by the building official. Qualified historic structures may be analyzed per the
California Building Standards Code, Part 8, California Historical Building Code.
E. Add new Appendix Section A115 entitled "Administrative Provisions" to read as
follows:
SECTION A115
ADMINISTRATIVE PROVISIONS
A115.1 Compliance Requirements.
A115.1.1 Strengthening deadlines. The owner of a building within the scope of
this chapter shall structurally alter the building to conform to Level B Strengthening
by July 1, 2010 or when one of the following occurs:
1. The value of additions, alterations, and/or maintenance repairs requiring a
building permit, cumulative from March 4, 1992, exceeds 50 percent of the
replacement cost of the building established by the building official per
Appendix Section 108.3 of the Building Code, which may include a certified
appraisal report. The cumulative value of alterations and maintenance repairs
need not include reroofing, Level A Strengthening, and installation of an
automatic fire sprinkler system.
Exception: Buildings containing more than one tenant space if the floor
area of altered tenant spaces, cumulative from March 4, 1992, does not
exceed 50 percent of the total floor area of the building.
2. The use of the building changes to a different division of the same occupancy
group or to a different occupancy group.
Exceptions:
1. Notwithstanding the provisions of Section 3408 of the Building
Code, buildings containing more than one occupancy classification
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need not be strengthened if the total floor area for changes in use,
cumulative from March 4, 1992, does not exceed 50 percent of the
floor area of the building.
2. Occupancy classification changes to Groups F, M, S and U from an
equivalent category as defined in the previous editions of this code.
3. An occupancy classification change to a Group R-2 Occupancy
with not more than five dwelling units.
4. An occupancy classification change to a Group S Occupancy used
exclusively as a warehouse with no human habitation.
3. If Level A strengthening work is completed by July 1, 2007, completion of the
remaining work to satisfy Level B strengthening requirements may be delayed
until July 1, 2012. If Level A work is not completed by July 1, 2007, the City
Council will set a Level B completion deadline for each building on the basis
of relative hazard, but not later than July 1, 2010.
Exception: The building official, on a case-by-case basis, may approve an
alternate strengthening plan deemed equivalent to Level A strengthening
if:
1. A greater than 50 percent reduction in the unreinforced masonry
hazard for the building is accomplished by July 1, 2007; and,
2. A written agreement includes an acceptable work plan and
timeline; and,
3. The plan completes Level B strengthening by July 1, 2012.
A115.1.2 Permits. The owner of a building within the scope of this chapter shall
submit a complete application for a building permit to the building official to
strengthen the building to Level B requirements by July 1, 2005. The building permit
shall be obtained by January 1, 2006, and shall remain valid until required Level B
strengthening work is completed per Section A115.1.1.
Exception: For seismic strengthening or demolition projects that require
approval of a planning application by a City process, the planning application
shall be submitted to the Community Development Department by July 1, 2005.
The application for building or demolition permit shall be submitted following
approval of the planning application, and a building or demolition permit shall be
obtained by January 1, 2006.
A115.1.3 Posting of sign. The owner of a building within the scope of this chapter
shall post, at a conspicuous place near the primary entrances to the building, a sign
provided by the building official stating “This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the event of a major earthquake”.
The sign shall be posted within 60 days of receipt by the building owner per
installation standards established by the building official.
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A115.2 Notice and Order
A115.2.1 General. The building official shall, within 30 days of the determination
that a building is of unreinforced masonry construction issue a notice and order as
provided in this section to the owner of a building within the scope of this chapter.
A115.2.2 Service of notice and order. A notice or order issued pursuant to this
section shall be in writing and shall be served either personally or by certified or
registered mail upon the owner as shown on the last equalized assessment roll, and
upon the person, if any, in apparent charge or control of the building. The failure of
any such person to receive such notice or order shall not affect the validity of any
proceedings taken under this chapter or relieve any such person from any duty or
obligation imposed on him by the provisions of this chapter.
A115.2.3 Content of notice and order. The notice shall specify that the building
has been determined by the building official to be within the scope of this chapter
and, therefore, is subject to the minimum seismic standards of this chapter. The order
shall direct the owner to obtain a building or demolition permit as required by this
chapter and cause the building to be structurally altered to conform to the provisions
of this chapter, or cause the building to be demolished. The notice or order shall be
accompanied by a copy of Section A115.1, which sets forth the owner's
responsibilities.
A115.3 Appeal. The owner of the building may appeal the building official's initial
determination that the building is within the scope of this chapter to the Board of
Appeals established by Chapter 1, Division II, Section 113 of the California Building
Code, as adopted. Such appeal shall be filed with the Board within 60 days from the
service date of the order described in Section A115.2. Any appeal shall be decided by
the Board no later than 90 days after filing and the grounds thereof shall be stated
clearly and concisely. Appeals or requests for modifications from any other
determinations, orders or actions by the building official pursuant to this chapter shall
be made in accordance with the procedures established in Chapter 1, Division II,
Section 104.10 of the California Building Code.
A115.5 Recordation. At the time that the building official serves the
aforementioned notice, the building official shall also file and record with the office
of the county recorder a certificate stating that the subject building is within the scope
of this chapter and is a potentially earthquake hazardous building. The certificate
shall also state that the owner thereof will be ordered to structurally analyze the
building to determine compliance with this chapter.
If the building is either demolished, found not to be within the scope of this chapter,
or is structurally capable of resisting minimum seismic forces required by this chapter
as a result of structural alterations or an analysis, the building official shall file and
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record with the office of the county recorder a form terminating the status of the
subject building as being classified within the scope of this chapter.
A115.6 Enforcement. If the owner in charge or control of the subject building fails
to comply with any order issued by the building official pursuant to this chapter
within the time limit set forth in Section A115.1, the building official shall verify that
the record owner of this building has been properly served. If the order has been
served on the record owner, then the following provisions apply:
1. The building official may order that the entire building be vacated and that the
building remain vacated until such order has been complied with. If
compliance with such order has not been accomplished within 90 days after
the date the building has been ordered vacated or such additional time as may
have been granted by the Board of Appeals, the building official may order its
demolition in accordance with the provisions of Sections 107, 108, and 109 of
the International Property Maintenance Code.
2. Any person who violates any provision of this chapter is guilty of a
misdemeanor, and is subject to the penalty as provided for in Chapter 1.12 of the
City of San Luis Obispo Municipal Code. The City may also pursue alternative
civil remedies as set forth in Section 1.12.090 of the Municipal Code.
A115.7 Program monitoring and annual report. During January of each year, the
building official shall submit a report to the City Council outlining the progress to
date concerning reduction of the hazards presented by the unreinforced masonry
building inventory for the City. The report shall include:
1. The number of unreinforced masonry buildings strengthened, demolished, or
otherwise eliminated from the inventory;
2. The number of unreinforced masonry buildings remaining on the inventory,
including the status of orders issued pursuant to this Chapter that are not
resolved.
A115.8 Automatic Fire Sprinkler Systems. Buildings within the scope of this
chapter located in the commercial fire zone shown in Figure 9-A of the California
Fire Code, as amended, shall install an automatic fire sprinkler system in conjunction
with level B strengthening deadlines in accordance with Section 903.2.1 of the
California Fire Code, as amended in Municipal Code Section 15.04.100, unless a later
installation date is granted by both the building official and fire code official.
NN.OO. Add Appendix Chapter A2 to read as follows:
Appendix Chapter A2
DEMOLITION AND MOVING
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OF BUILDINGS
SECTION 201
GENERAL
A201.1 Purpose. The purpose of this appendix is to establish minimum standards
and procedures for the demolition and relocation (moving) of buildings and structures
to safeguard life, property, health and public welfare. It is also intended to ensure that
moved buildings are structurally sound, sanitary, habitable, and that they will
harmonize with existing development in the area to which they are to be moved.
A201.2 Scope. This appendix sets forth rules and regulations to control demolition
and relocation operations, establishes the administrative procedures for review of an
application to demolish or move a building, and provides for the issuance of permits.
A201.3 Appeals. Any person aggrieved by a decision made under the terms of this
chapter may appeal such decision. For matters concerning the technical provisions of
this code, such appeal shall be subject to the provisions of the Chapter 1, Division II
Section 113 of the California Building Code; for all other matters, the appeal
provisions of Chapter 1.20 of the Municipal Code shall apply.
SECTION 202
DEFINITIONS
Section A202 General. For the purposes of this appendix, certain terms, words and
their derivatives shall be defined as specified in this section.
ARC means the Architectural Review Commission appointed by the City Council.
CHC means the Cultural Heritage Committee appointed by the City Council.
Demolition means the complete or partial removal of a structure.
Foundation means the structure, usually of concrete, resting on or in the ground,
including the footing, on which a building is erected.
Foundation wall means the walls of concrete or masonry that support a building.
Inventory of Historical Resources is the Master List of Historic Resources and the
Listing of Contributing Properties within Historical Preservation Districts approved
by the City Council.
Municipal Code means the San Luis Obispo Municipal Code.
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Potential Historic Resource means a building which may meet the Criteria for
Historic Listing found in the City of San Luis Obispo Historic Preservation Program,
but which has not been evaluated or listed as an historic resource.
Slab means a flat piece of material, usually of concrete, placed on the ground for use
as a building floor, patio, driveway, walk, ball court and/or similar uses.
Structure means any human made site feature, including signs, walls, fences,
buildings, monuments, or similar features.
Substructure means the foundation of a building or structure including the piers and
piles.
SECTION A203
PERMIT REQUIREMENTS
A203.1 Permit required. The demolition or relocation (moving) of any building or
structure shall not commence until a permit has been issued by the building official in
accordance with the provisions of this chapter and Chapter 1, Division II of the
California Building Code.
Exception: Temporary construction offices.
A permit to move a building shall be a building permit when the building is relocated
within the limits of the city. A permit to move a building shall be a demolition permit
when the building is relocated to a site outside of the city limits.
A203.2 Moving and Relocation of Buildings.
A203.2.1 Inspection of buildings to be moved. All buildings to be moved into or
within the city shall be inspected by the building official to determine compliance
with this code and suitability for moving prior to permit issuance.
A203.2.2 Transportation and building permits required. For moving projects, a
transportation permit shall be obtained from the public works director subsequent to
issuance of a moving permit. Building, plumbing, electrical, and mechanical permits
shall be required for all work necessary for the placement of a moved or relocated
building.
A203.3 Procedure for permit application processing. Prior to issuance of a permit
to demolish or relocate a building or structure, the permit application shall be subject
to the following:
1. Demolition or relocation of historical resource. For any structure located
on a property listed on the Inventory of Historical Resources, an application
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for Architectural Review shall be submitted and require approval prior to
issuance of a permit for building relocation or demolition. The application
shall include plans for replacement structures, at the discretion of the
Community Development Director.
2. Demolition or relocation of structure not designated historical. For any
structure that is not located on a property listed on the Inventory of Historical
Resources and that is over 50 years old, the Community Development
Director shall determine if the structure or structures proposed for demolition
are a potential historic resource. If the Community Development Director
determines that the structure or structures is/are a potentially historic
resource(s), the applicant shall submit an application for Architectural
Review. If the Community Development Director determines the structure or
structures not to be a potential historic resource, the applicant shall provide
evidence that for a period of not less than 90 days from date of permit
application, the building was advertised in a local newspaper on at least 3
separate occasions not less thatthan 15 days apart, as available to any
interested person to be moved; and submit historic documentation for the
structure in accordance with criteria established by the Community
Development Director and the Cultural Heritage Committee.
Exceptions for Structures Not Designated Historical:
1. A building or structure determined by the building official to be a
dangerous building as defined in the International Property Maintenance
Code which poses an imminent, serious threat to the health, safety or
welfare of community residents or people living or working on or near the
site, and for which historic documentation acceptable to the Community
Development Director has been submitted.
2. Accessory buildings, sheds, garages and similar structures, unless
determined to be a potential historic resource by the Community
Development Director.
A203.4 Guarantee. Prior to issuance of a permit to demolish or move a building or
structure, the applicant shall provide the city with a guarantee in such form and
amount as may be deemed necessary by the building official to assure completion of
demolition or moving, removal of all debris, cleanup of the site, repair of damage to
public improvements, erection of barricades when required and filling of depression
below adjacent grade. The amount of the guarantee for demolition shall be not less
than one thousand dollars or twenty percent of the value of the demolition contract
price, whichever is greater. The amount of the guarantee for moving a building or
structure shall be twenty percent of the total value of all work to be accomplished and
associated with moving of the building, but not less than five thousand dollars. Work
required to comply with this section may be completed by the city after the time limits
stated have expired and shall be paid from the deposit. The deposit shall not be
released until such work is completed.
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Exceptions:
1. No guarantee will be required when the demolition permit is issued at the
same time as a building permit for a redevelopment project.
2. When the structure to be moved is to be relocated outside the limits of the
city, the amount of the guarantee may be reduced when approved by the
building official, but in no case shall be less than one thousand dollars.
A203.5 Indemnity. Every person, firm or corporation to whom permission has been
granted under the terms of this chapter and other ordinances to utilize public property
for the demolition or moving of any building or structure shall at all times assume
responsibility for any damage to public property. Such permission shall be further
conditioned that any person, firm or corporation shall, as a consideration for the use
of public property, at all times release, hold harmless and indemnify the city and all of
its agents and employees from any and all responsibility, liability, loss or damage
resulting to any persons or property caused by or incidental to the demolition or
moving work. Written indemnification in a form acceptable to the city attorney shall
be provided.
A203.6 Damage to public property. As a condition of obtaining a permit to demol-
ish or move any building or structure, the permittee shall assume liability for any
damage to public property occasioned by such moving, demolition, or removal
operations. Applicants for demolition permits shall provide information and plans
when requested for protection of public property. Information and plans shall be
specific as to type of protection, structural adequacy and location. Approval to use or
occupy public property shall be obtained before proceeding with demolition work.
A203.7 Insurance. Prior to the issuance of a permit to demolish or move any
building or structure, the permit applicant shall deposit with the building official a
certificate of liability insurance naming the city as an additional insured party on the
insurance policy. Such insurance shall be valid at all times during demolition or
moving operations. The liability insurance coverage shall be in an amount of at least
five hundred thousand dollars per occurrence for injuries, including accidental death
to any one person, and subject to the same limit for each additional person, in an
amount at least one million dollars on account of any one accident: and property
damage in an amount at least five hundred thousand dollars.
Exception: Demolition of a wood frame building not greater than two stories or
twenty-five feet in height, measured to the top of the highest point of the roof,
provided the building is not less than twenty feet from public property lines or, if
less than twenty feet from public property lines, adequate protection is provided
for pedestrians and public property to the satisfaction of the building official.
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A203.8 Disconnecting service lines. Prior to the issuance of a permit to demolish or
relocate a building or structure, the permit applicant shall complete the following to
the satisfaction of the building official:
1. Electrical service. The power to all electric service lines shall be shut-off and
all such lines cut or disconnected outside the property line. Prior to the cutting
of such lines, the property owner or his agent shall notify and obtain the
approval of the electric service agency.
2. Other service. All gas, water, steam, storm, sanitary sewers, and other service
lines shall be shut-off and/or abandoned as required by the public works
director, utilities director, or other agency
SECTION A204
PUBLIC SAFETY REQUIREMENTS
A204.1 General. The demolition or moving of any building shall not commence
until structures required for protection of persons and property are in place. Such
structures and the demolition work shall conform to the applicable provisions of
Chapter 33 of the California Building Code. Prior to permit issuance, a schedule of
operations shall be submitted to the building official for review and approval, and
shall set forth a sequence of work on the building, the need to barricade public streets,
details of travel to and from the site for hauling operations, route of moving,
estimated completion date, and any other significant work which may require
inspection or coordination with city departments.
A204.2 Dust and debris. During demolition operations, all material removed shall
be wet sufficiently or otherwise handled to control the dust incidental to removal.
All adjacent streets, alleys and other public ways and places shall be kept free and
clear of all rubbish, refuse and loose material resulting from the moving, demolition
or demolition removal operations, except as allowed by temporary encroachment
permits approved by the public works director.
SECTION A205
REMOVAL OF MATERIALS
A205.1 General. All building rubble and debris shall be removed from the
demolition site to an approved point of disposal.
A205.2 Foundations. All foundations, concrete slabs and building substructures
shall be removed to the satisfaction of the building official.
Exception: Foundations, concrete slabs on grade and building substructures may
remain if the site is fenced to the satisfaction of the building official.
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A205.3 Completion. Upon completion of the removal of a building or structure by
either demolition or moving, the ground shall be left in a smooth condition free of
demolition debris. Holes in the ground, basements or cellars, shall be filled to
existing grade.
Exception: The filling of such excavation may not be required when a building
permit has been issued for a new building on the site and the construction thereof
is to start within sixty days after the completion of demolition or moving
operations and the permittee provides a temporary barricade protecting the
excavation on all sides to the satisfaction of the building official.
SECTION 15.04.050 AMENDMENTS; CALIFORNIA MECHANICAL CODE
A. Delete Chapter 1, Division II and Table 114.1 1-1. Administration of the mechanical
code shall be as set forth in Chapter 1, Division II of the California Building Code.
B. Delete Appendix Chapter E.
SECTION 15.04.060 AMENDMENTS; CALIFORNIA PLUMBING CODE
A. Delete Chapter 1, Division II, Table 103.4 1-1 and Appendix Chapters F, and L.
Administration of the plumbing code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Section 3145315.4 to read as follows:
3145315.4 All excavations shall be completely backfilled as soon after inspection as
practicable. A layer of sand or fine gravel shall be placed in all sewer trenches to
provide a leveling and laying bed for pipe. Adequate precaution shall be taken to
insure proper compactness of backfill around piping without damage to such piping.
Trenches shall be backfilled in thin layers to twelve (12) inches (.3 m) above the top
of the piping with clean earth which shall not contain stones, boulders, cinderfill,
frozen earth, construction debris or other materials which would damage or break the
piping or cause corrosive action. Mechanical devices such as bulldozers, graders,
etc., may then be used to complete backfill to grade. Fill shall be properly compacted.
Suitable precautions shall be taken to insure permanent stability for pipe laid in filled
or made ground.
C. Amend Section 715.2 to read as follows:
715.2 Joining Methods and Materials. Joining methods and materials for building
sewers shall be as prescribed in this code and shall only have joints that are glued,
solvent cemented, heat fused or welded.
Exception: Strongback type couplings may be used when connecting new or
replaced pipe to existing materials.
Comment [LJ21]: Mechanical permit fees are
adopted by Resolution.
Comment [LJ22]: Appendix E – Sustainable
Practices is a new chapter not adopted by the State.
The State and the City adopts the CA Green Building
Standards Code which addresses sustainability issues.
Comment [LJ23]: Plumbing permit fees are
adopted by Resolution.
Comment [LJ24]: The Utilities Department has
requested this code amendment to address problems
associated with gasketed or mechanical joints, which
are unduly affected by the expansion and contraction
of the predominantly expansive soils in the City.
When such joints are not watertight infiltration of
groundwater or stormwater into public sewers
systems can occur which may cause overflows or
water quality violations in the City’s wastewater
collection and treatment system. In addition such
joints are highly susceptible to root intrusion and
blockage of building sewers.
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C.D. Add Section 1101.2.1 to read as follows:
1101.2.1 Rainwater Harvesting. Storm water drainage may be directed to an
approved rainwater harvesting system and used as an alternate source of water for
non-potable uses as approved by the Building Official and the San Luis Obispo
County Environmental Health Department. The installation and use of such a system
or systems must be designed to not interact with the potable water system, the
building sanitary sewer or drainage systems that flow to any creek. Rainwater
harvesting systems must be maintained in such manner as to not cause damage to
neighboring properties.
SECTION 15.04.070 AMENDMENTS; CALIFORNIA ELECTRICAL CODE
A. Administration of the electrical code shall be as set forth in Chapter 1, Division II
of the California Building Code.
B. Amend Article 230-70(A)(1) to read as follows:
(1) Readily Accessible Location. The service disconnecting means shall be
installed at a readily accessible location either outside the building or other structure,
or inside nearest the point of entrance of the service conductors. The disconnecting
means shall be accessible to emergency personnel, either directly or by a remote
actuating device, without requiring transit of the building interior. Dedicated
electrical equipment rooms located at the building perimeter and providing direct
access to the outside shall satisfy accessibility for emergency personnel.
SECTION 15.04.080 AMENDMENTS; INTERNATIONAL PROPERTY
MAINTENANCE CODE
A. Delete Chapter 1 with the exception of Amend Section 101.1 which is amended to
read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of
the City of San Luis Obispo, hereinafter referred to as “this code”. Administrative
Provisions. The administrative provisions for the enforcement of the International
Property Maintenance Code shall be as set for the in the Uniform Housing Code, The
Uniform Code for the Abatement of Dangerous Buildings, and other provisions of the
San Luis Obispo Municipal Code.
B. Amend Section 102.3 to read as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or
changes of occupancy, shall be done in accordance with the procedures and
Comment [LJ25]: Various provisions of this
chapter conflict with SLOMC, UHC, and UCADB
provisions. Therefore, for consistency SLOMC,
UHC, and UCADB administrative provisions will be
used.
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provisions of the California Building Standards Code and other applicable laws and
ordinances.
C. Amend Section 103.1 to read as follows:
103.1 General. The office of property maintenance inspection is hereby created and
the executive official in charge thereof shall be known as the code official.
D. Amend Section 103.5 to read as follows:
103.5 Fees. The fees for activities and services performed by the code official under
this code shall be in accordance with the schedule as established by the applicable
governing authority.
F. Amend Section 111.2 to read as follows, and delete Sections 111.2.1 through 111.2.5.
111.2 Membership of board. The board of appeals shall be the board of appeals
established in Chapter 1, Division II Section 113 of the California Building Code
amended in Section 15.04.020 of the San Luis Obispo Municipal Code.
SECTION 15.04.090 PERMITS REQUIRED FOR WELL CONSTRUCTION
A. No person shall construct, repair, modify, abandon or destroy any water well without
first obtaining a permit from the City. As used herein, "water well" shall mean an
artificial excavation constructed by any method for the purpose of extracting water
from, or injecting water into, the underground.
B. All work performed pursuant to each such permit shall be in conformance with all
State laws and standards including applicable portions of Department of Water
Resources Bulletin No. 74-81, all City ordinances, resolutions and policies relating
thereto, and such permit conditions as may be imposed by the City.
C. Any water well constructed, repaired, modified, destroyed, abandoned, or operated in
violation of this section or the permit requirements shall constitute a public nuisance
which may be abated by the City. A person who digs, drills, excavates, constructs,
owns or controls any well and abandons such well and a person who owns, occupies,
possesses or controls any premises on which an abandoned well exists shall cap or
otherwise securely cover, cap or protect the entrance to the well. The capping or
covering shall be so constructed and installed as will prevent any human being from
suffering any bodily injury or death, through accident or inadvertence, by reason of
the existence of the well.
15.04.100 AMENDMENTS; CALIFORNIA FIRE CODE
A. Delete Appendix Chapter A.
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B. Amend Chapter 1, Division II, Section 1.1.1 to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of San
Luis Obispo, may be cited as such and will be referred to herein as “this code”.
C. Amend Chapter 1, Division II, Section 105.1.1 to read as follows:
105.1.1 Permits required. Permits required by this code shall be obtained from the
fire code official. A fee for each permit shall be paid prior to issuance of the permit, in
accordance with the schedule as established by the applicable governing authority.
Issued permits shall be kept on the premises designated therein at all times and shall
be readily available for inspection by the fire code official.
D. Amend Chapter 1, Division II, Section 108 to read as follows:
108 Board of appeals established. In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the application
and interpretation of this code, there shall be and is hereby created a board of appeals.
The board of appeals shall be established as set forth in Chapter 1, Division II
Section 113 of the California Building Code, as amended in Section 15.04.020 of the
San Luis Obispo Municipal Code. The fire code official shall be an ex officio
member of said board but shall have no vote on any matter before the board. The
board shall adopt rules of procedure for conducting its business, and shall render all
decisions and findings in writing to the appellant with a duplicate copy to the fire
code official.
E. Amend Chapter 1, Division II, Section 109.3 to read as follows:
109.3 Violation penalties. Persons who shall violate a provision 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 code 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
1,000 dollars or by imprisonment not exceeding one year, or both such fine and
imprisonment. Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
F. Amend Chapter 1, Division II, Section 111.4 to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable to a fine of not less
than that established by Municipal Code Section 1.12.040.
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G. AmendSectionAmend Section 302.1 to read as follows:
Section 302.1, “Definitions”, is amended to add the following definition:
SKY LANTERN. An Airborne lantern typically made of paper with a wood frame containing
a candle, fuel cell composed of waxy flammable material or other open flame which serves
as a heat source to heat the air inside the lantern to cause it to lift into the air. Sky candles,
fire balloons and airborne paper lanterns mean the same as sky lanterns.
G.H. Amend Section 307.1.1 and 307.2 to read as follows:
307.1.1 Prohibited open burning. No waste matter, combustible material or refuse
shall be burned in the open air within the city. Agricultural, ceremonial or similar
types of fires may be approved when authorized by the fire code official.
307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or
range or wildlife management practices, prevention or control of disease or pests.
Application for such approval shall only be presented by and permits issued to the
owner of the land upon which the fire is to be kindled.
H.I. Amend Sections 307.4.1 and 307.4.2 to read as follows:
307.4.1 Bonfires. Bonfires shall be prohibited.
307.4.2 Recreational fires. Recreational fires shall be prohibited.
Exception: Recreational fires may be permitted in approved, non-combustible
commercially built containers, measuring no more than 3 feet in diameter and 2
feet tall, raised at least 6 inches off the ground with non-combustible legs and
having a non-combustible spark arrester screen with holes no larger than ¼ inch.
The ground beneath this container shall be clear of combustible material for 10
feet in diameter, and 10 feet away from combustible construction. The material
being burned shall be wood only, and shall not include pressure treated lumber. A
pre-connected garden hose shall be accessible.
J. Amend Section 308.1.6 to read as follows:
New Section 308.1.6.3 is added to read as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns is prohibited.
Exceptions:
(1) Upon approval of the fire code official, sky lanterns may be used under the
following conditions:
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(a) When necessary for religious or cultural ceremonies and adequate safeguards
have been taken in the discretion of the fire code official. Sky lanterns must be
tethered in a safe manner to prevent them from leaving the area and must be
constantly attended until extinguished.
I.K. Amend Section 405.7 to read as follows:
405.7 Initiation. Where a fire alarm system is provided, emergency evacuation drills
shall be initiated by activating the fire alarm system. Prior to initiating an alarm, the
person initiating the alarm shall contact the fire alarm monitoring company and advise
the company’s dispatcher of the fire drill. In cases where the fire alarm system is not
monitored by a central station, notification shall be provided to the fire department
dispatch center.
J.L. Adopt Section 503.1 and Amend Section 503.1.1 and 503.1.2 to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or
moved into or within the jurisdiction. The fire apparatus access road shall comply
with the requirements of this section and shall extend to within 150 feet (45 720 mm)
of all portions of the facility and all portions of the exterior walls of the first story of
the building as measured by an approved route around the exterior of the building or
facility.
Exception: The fire code official is authorized to increase the dimension of 150
feet (45720 mm) to 300 feet (91440 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
2. Fire apparatus access roads cannot be installed because of topography,
waterways, nonnegotiable grades or other similar conditions, and an approved
alternative means of fire protection is provided.
3. There are not more than two Group R-3 or Group U Occupancies,
provided, in the opinion of the fire code official, fire-fighting or rescue
operations would not be impaired.
503.1.2 Additional access. The fire code official is authorized to require more than
one fire apparatus access/egress road based on the potential for impairment of a single
road by vehicle congestion, condition of terrain, climatic conditions or other factors
that could limit access/egress.
K. Adopt Section 503.2 and Amend Section 503.2.555 to read as follows:
Comment [MR26]: Section 503 must be adopted
locally as fire apparatus access is jurisdiction specific
and not adopted at the state level.
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503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45
720 mm) in length shall be provided with an approved area for turning around fire
apparatus.
Exception: Where buildings along the dead-end road are protected by an
approved fire sprinkler system throughout, the distance may be increased to 300
feet (91 440 mm).
M. Adopt Section 503.3
N. Adopt Section 503.4 and Amend Section 503.4.1 as follows:
503.4.1. Traffic calming devices. Traffic calming devices may be installed provided
acceptance of the design and approval of the construction by the fire code official.
O. Adopt Section 503.5 and 503.6
L.P. Amend Section 505.1 to read as follows:
505.1 Address numbers. New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position
that is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Address numbers shall be Arabic
numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm)
high with a minimum stroke width of 0.5 inch (12.7 mm) or as otherwise determined
necessary by the fire code official. Where access is by means of a private road and
the building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure.
M.Q. Amend Section 507.2 to read as follows:
507.2 Type of water supply. A water supply shall consist of reservoirs, pressure
tanks, elevated tanks, water mains or other fixed systems connected to the municipal
water system and capable of providing the required fire-flow.
N.R. Amend Section 507.5.1 and delete Exceptions 1 and 2 to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 300than 300 feet
91440 mm) from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on-site fire hydrants and
mains shall be provided where required by the fire code official.
O.S. Add Section 507.5.4.1 to read as follows:
Comment [MR27]: Section 503.4.1 is a new
addition to the model code. The proposed amendment
changes the language from “prohibited” to
“acceptance and approval” to reflect the cooperative
relationship between Fire, Community Development
and the Public Works Departments.
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507.5.4.1 Authority507.5.4.1 Authority to remove obstruction. The fire code
official and his authorized representatives shall have the power and authority to
remove or cause to be removed, without notice, any vehicle, or object parked or
placed in violation of the California Fire Code. The owner of any item so removed
shall be responsible for all towing, storage and other charges incurred.
P. Amend Section 603.1.4 to read as follows:
603.1.4 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the
burner is approved and as stipulated by the burner manufacturer. Oil containing
gasoline shall not be used.
Q. Amend Section 603.9 to read as follows:
603.9 Gas meters. Above-ground gas meters, regulators and piping subject to
damage shall be protected by a barrier complying with Section 312 or otherwise
protected in an approved manner. Gas meters shall be permanently marked and
identified as to the building or system served.
R. Amend Section 608.1 to read as follows:
Section 608.1 Scope. Stationary storage battery systems having an electrolyte
capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-
Cd) and valve-regulated lead acid (VRLA), or 1,000 pounds (454 kg) for lithium-ion,
used for facility standby power, emergency power, or uninterrupted power supplies or
the indoor storage of electric carts, cars, fork-lifts and similar equipment, shall
comply with this section and Table 608.1.
S. Amend Section 901.4.2 and Section 901.4.3 to read as follows:
901.4.2 Non-required fire protection systems. Any fire protection system or
portion thereof not required by this code or the California Building Code may be
allowed, when approved by the fire code official, to be furnished for partial or
complete protection provided such installed system meets the requirements of this
code and the California Building Code.
901.4.3 Additional fire protection systems. In occupancies of a hazardous nature,
where special hazards exist in addition to the normal hazards of the occupancy, or
where the code official determines that access for fire apparatus is unduly difficult, or
the location is beyond the four-minute response time of the fire department, the fire
code official shall have the authority to require additional safeguards. Such
safeguards include, but shall not be limited to, the following: automatic fire detection
systems, fire alarm systems, automatic fire extinguishing systems, standpipe systems,
or portable or fixed extinguishers. Fire protection equipment required under this
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section shall be installed in accordance with this code and applicable referenced
standards.
T. chad1hayford@gmail.comAmend Section 901.6 to read as follows:
Section 901.6 Inspection, testing and maintenance. Fire detection, alarm and
extinguishing systems shall be maintained in an operative condition at all times, and
shall be replaced or repaired where defective. Non-required fire protection systems
and equipment shall be inspected, tested and maintained or removed. No person shall
cause a response of emergency personnel due to failure of notifying police/fire
dispatch of any drill, testing, maintenance, installation of, repair or alteration to any
fire protection system.
U.T. Amend Section 903.2 and delete Sections 903.2.1 through 903.2.10.3 and add
new Section 903.2.1 and 903.2.2 to read as follows:
903.2 General. An automatic fire-extinguishing system shall be installed in new
buildings as set forth in Section 903.2 of the California Building Code as amended by
Section 15.04.020 of the San Luis Obispo Municipal Code.
903.2.1 Existing buildings in commercial fire zone. Existing buildings located in
the commercial fire zone shown in Figure 9-A that are provided with an underground
fire sprinkler lateral, shall have an automatic fire sprinkler system installed and
operational within 24 months of the approval and acceptance of the lateral by the
City.
Exceptions:
1. The installation of an automatic fire sprinkler system required by Section
903.2.1 in a building of unreinforced masonry construction not strengthened
by July 1, 2007 shall coincide with the strengthening dates established by
Resolution #9890 (2007). City Council established dates range from 2008 to
2010 based on the relative hazard of the building.
2. An automatic fire sprinkler
system required by Section 903.2.1 in a building of unreinforced masonry
construction strengthened as required by Appendix Chapter 1 of the 1997
Uniform Code for Building Conservation, as amended, prior to July 1, 2007,
shall be completed and operational by July 1, 2012.
3. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to October 1, 2004, shall be completed and operational by January 1,
2017.
FIGURE 9-A – COMMERCIAL FIRE ZONE
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903.2.2 Notification. Whenever the fire code official determines that a building is
subject to the minimum requirements of Section 903.2.1, the building owner shall be
notified in writing that an automatic fire-sprinkler system shall be installed in the
building.
The notice shall specify in what manner the building fails to meet the minimum
requirements of Section 903.2.1. It shall direct that plans be submitted, that necessary
permits be obtained, and that installation be completed by the specified date. The fire
department shall serve the notice, either personally or by certified or registered mail,
upon the owner as shown on the last-equalized assessment roll and upon the person, if
any, in real or apparent charge or control of the building.
Section 903.2.3 through Section 903.2.10.3 not used. Text continues with Section
903.2.11.
V.U. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section and where a building is considered as mixed
occupancy due to the presence of two or more uses that are classified into different
occupancy groups, sprinklers shall be installed throughout in accordance with NFPA
13 except as provided in Section 903.3.1.1.1.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies,
automatic sprinklers shall not be required in the following rooms or areas where such
rooms or areas are protected with an approved alternative automatic fire extinguishing
system in accordance with Section 904. Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1. Any room where the application of water, or flame and water, constitutes a serious
life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the fire code official.
3. Fire service access elevator machine rooms and machinery spaces.
4. Spaces or areas in telecommunications buildings used exclusively for
telecommunications equipment, and associated electrical power distribution
equipment, provided those spaces or areas are equipped throughout with an
alternative automatic fire extinguishing system in accordance with Section 904 and
are separated from the remainder of the building by not less than 2 hour fire
barriers constructed in accordance with Section 707 of the California Building
Code or not less than 2-hour horizontal assemblies constructed in accordance with
Section 712 of the California Building Code, or both.
W.V. Amend Section 903.4 to read as follows, with Exceptions to remain:
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903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall
contact and notify the police/fire dispatch center immediately on notification of an
alarm and prior to making contact with the protected premises.
X.W. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves
shall be provided at the point of connection to the riser on each floor in all buildings
two or more stories in height or in single-story buildings having a gross floor area of
10,000 square feet or more zoned into no more than 5,000 square- foot areas for the
purpose of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in building equipped with an
automatic fire extinguishing system installed in accordance with Section
903.3.1.3.
Y.X. Amend Section 905.3.1 to read as follows:
905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III
standpipe systems shall be installed throughout at each floor where any of the
following occur.
1. Buildings where the floor level of the highest story is located more than 30 feet
(9144 mm) above the lowest level of fire department vehicle access.
2. Buildings that are four or more stories in height.
3. Buildings where the floor level of the lowest story is located more than 30 feet
(9144 mm) below the highest level of fire department vehicle access.
4. Buildings that are two or more stories below the highest level of fire department
vehicle access.
5. In any parking structure exceeding one level above or one level below grade.
Z.Y. Amend Section 907.7.5 to read as follows:
907.7.5 Monitoring. Fire alarm systems required by this chapter or by the California
Building Code shall be monitored by an approved central station service listed by
Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and
this section. The central station shall contact and notify the police/fire dispatch center
immediately on notification of an alarm and prior to making contact with the
protected premises.
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Exception: Monitoring by a central station service is not required for:
1. Single- and multiple station smoke alarms required by Section 907.2.11.
2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.4.
3. Automatic sprinkler systems in one- and two-family dwellings.
AA.Z. Amend Section 910.3.2.2 to read as follows:
Section 910.3.2.2 Sprinklered buildings. Where installed in buildings equipped
with an approved automatic sprinkler system, smoke and heat vents shall be designed
to operate automatically by actuation of a heat responsive device rated at least 100
degrees above the operating temperature of the sprinkler heads.
BB. Delete Section 1404.3 and amend Section 1404.5 to read as follows.
Section 1404.5 Fire watch. When required by the fire code official for construction,
alteration or building demolition that is hazardous in nature, qualified personnel shall
be provided to serve as on-site fire watch. Fire watch personnel shall be provided
with at least one approved means for notification of the fire department and their sole
duty shall be to perform constant patrols and watch for the occurrence of fire.
CC. Amend Section 1410.1 to read as follows:
Section 1410.1 Required access. Approved vehicle access for firefighting shall be
provided to all construction or demolition sites. Vehicle access shall be provided to
within 150 feet of all combustible material. Vehicle access shall be provided by
either temporary or permanent roads, capable of supporting vehicle loading under all
weather conditions. Vehicle access roads shall be maintained until permanent fire
apparatus access roads are available.
DD. Amend Section 1412.1 to read as follows:
Section 1412.1 When required. An approved water supply for fire protection,
either temporary or permanent, shall be made available prior to combustible material
arriving on the site.
EE.AA. Amend Section 22306.2 to read as follows:
22306.2 Method of storage. Approved methods of storage for Class I, II and III
liquid fuels at motor fuel-dispensing facilities shall be in accordance with Sections
22306.2.1 through 22306.2.5.
FF.BB. Amend Section 22306.2.3 to read as follows:
Comment [MR28]: This Chapter was moved in
its entirety from Fire Code Chapter 14.
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22306.2.3 Protected aboveground tanks located outside, above grade. Above-
ground tanks shall not be used for the storage and dispensing of Class I, II, or III
liquid motor fuels when approved by the fire code official and in accordance with this
Section, Section 345704.2.7 and Sections 345704.2.9.5.1 through Section
345704.2.9.5.3, and fuel shall not be offered for resale.
1. Above-ground tanks used for outside, above-grade storage of Class I liquids shall
be listed and labeled as protected above-ground tanks and be in accordance with
Chapter 3457. Such tanks shall be located in accordance with Table 22306.2.3.
2. Above-ground tanks used for above-grade storage of Class II or IIIA liquids are
allowed to be protected above-ground tanks or, when approved by the fire code
official, other above-ground tanks that comply with Chapter 3457. Tank locations
shall be in accordance with Table 22306.2.3.
3. Tanks containing fuels shall not exceed 8,000 gallons (30 274 L) in individual
capacity or 16,000 gallons (60 549 L) in aggregate capacity. Installations with the
maximum allowable aggregate capacity shall be separated from other such
installations by not less than 100 feet (30 480 mm).
4. Tanks located at farms, construction projects, or rural areas shall comply with
Section 345706.2
GG.CC. Amend Sections 22306.2.4 and 22306.2.4.1 to read as follows, and delete
Section 22306.2.4.2:
22306.2.4 Above-ground tanks located in above-grade vaults or below-grade
vaults. Above-ground tanks used for storage of Class I, II, or III liquid motor fuels
are allowed to be installed in vaults located above grade or below grade in accordance
with Section 3404.2.8 and shall comply with Sections 22306.2.4.1 and 22306.2.4.2.
Tanks in above-grade vaults shall also comply with Table 22306.2.3 and the fuel shall
not be offered for resale.
22306.2.4.1 Tank capacity limits. Tanks storing Class I, II or III liquids at an
individual site shall be limited to a maximum individual capacity of 8,000 gallons (30
274 L) and an aggregate capacity of 16,000 gallons (60 549 L).
HH.DD. Amend Section 22306.2.6 items 1 and 6 to read as follows:
1. The special enclosure shall be liquid tight and vapor tight. A leak detection-
monitoring system capable of detecting liquid and providing an audible and visual
alarm shall be installed and tested annually.
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6. 6. Tanks containing Class I, II, or III liquids inside a special enclosure shall
not exceed 2,000 gallons (7569 L) in individual capacity or 6,000 gallons
(22706 L) in aggregate capacity.
II.EE. Delete Section 3304.3 and amend Section 3304.5 to read as follows.
Section 3304.5 Fire watch. When required by the fire code official for construction,
alteration or building demolition that is hazardous in nature, qualified personnel shall
be provided to serve as on-site fire watch. Fire watch personnel shall be provided
with at least one approved means for notification of the fire department and their sole
duty shall be to perform constant patrols and watch for the occurrence of fire.
JJ.FF. Amend Section 3310.1 to read as follows:
Section 3310.1 Required access. Approved vehicle access for firefighting shall be
provided to all construction or demolition sites. Vehicle access shall be provided to
within 150 feet of all combustible material. Vehicle access shall be provided by
either temporary or permanent roads, capable of supporting vehicle loading under all
weather conditions. Vehicle access roads shall be maintained until permanent fire
apparatus access roads are available.
KK.GG. Amend Section 3312.1 to read as follows:
Section 3312.1 When required. An approved water supply for fire protection,
either temporary or permanent, shall be made available prior to combustible material
arriving on the site.
LL. Amend Section 3301.1 and add to read as follows:
3301.1 Scope. Manufacture, possession, storage, sale, transportation, handling or use
of explosive materials and the manufacture of explosive material and/or all fireworks,
including Safe and Sane as designated by the Office of the State Fire Marshal, is
prohibited within the City.
Exceptions:
1. The Armed Forces of the United States, Coast guard or National Guard.
2. Explosives in forms prescribed by the official United States
Pharmacopoeia.
3. The possession, storage or use of small arms ammunition when packaged
in accordance with DOTn packaging requirements.
4. The use of explosive materials by federal, state and local regulatory, law
enforcement and fire agencies acting in their official capacities.
5. Items preempted by federal regulations.
Comment [MR29]: This Chapter was moved in
its entirety from fire Code Chapter 14.
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6. Use and handling of fireworks for display in accordance with Section
3308.1 when authorized by the fire code official and in full compliance with
Chapter 33.
MM. Amend Section 3404.2.7 and Delete the Exception to Section 3404.2.7.5.8 to read
as follows:
3404.2.7 Design, construction and general installation requirements for tanks.
All tanks shall be protected tanks as defined in Section 3402. The design, fabrication,
and construction of tanks shall comply with NFPA 30. Tanks shall be of double-
walled construction and listed by Underwriters Laboratories (UL). Each tank shall
bear a permanent nameplate or marking indicating the standard used as the basis of
design.
3404.2.7.5.8 Over-fill prevention. An approved means or method in accordance
with Section 3404.2.9.7.6 shall be provided to prevent the over-fill of all Class I, II
and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals
regulated by Sections 3406.4 or 3406.7 shall have over-fill protection in accordance
with API 2350.
An approved means or method in accordance with Section 3404.2.9.7.6 shall be
provided to prevent the overfilling of Class IIIB liquid storage tanks connected to
fuel-burning equipment inside buildings
NN. Amend 3404.2.8.3 to read as follows:
3404.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall be
no backfill around the tank or within the vault. The vault floor shall drain to a sump.
For pre-manufactured vaults, liquid tightness shall be certified as part of the listing
provided by a nationally recognized testing laboratory. For field-erected vaults, liquid
tightness shall be certified in an approved manner.
OO. Amend Section 3404.2.8.11 to read as follows:
3404.2.8.11 Monitoring and detection. Activation of vapor detection systems shall
also shut off dispenser pumps. Monitoring and detection systems shall be inspected
and tested annually.
PP. Amend Sections 3404.2.9 to read as follows:
3404.2.9 Above-ground tanks outside of buildings. Above-ground tanks outside
of buildings shall comply with Section 3404.2 and Sections 3404.2.9.1 through
3404.2.9.6.10 and Section 2206.2.3, condition 3.
QQ. Amend Section 3404.2.13.1.4 to read as follows:
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3404.2.13.1.4 Tanks abandoned in place. A tank owner/operator proposing to
abandon a tank in place shall submit a permit application to the fire department for
assessment of soil contamination around the tank and product, vent and vapor piping.
If contamination is confirmed, a work plan for additional assessment or remediation
shall be submitted to the fire department within 30 days. If a tank is approved for
abandonment in place, the property owner will be required place a deed notice on the
property. The deed notice shall be notarized and recorded with the San Luis Obispo
County Clerk Recorder’s Office within 30 days of tank abandonment. Tanks
abandoned in place shall be as follows:
RR. Amend 3406.2.4 and the Exception to Section 3406.2.4 to read as follows:
3406.2.4 Permanent and temporary tanks. The capacity of permanent above-
ground tanks containing Class I, II or III liquids shall not exceed 1,100 gallons
(4164L). The capacity of temporary aboveground tanks containing class I, II, or III
liquids shall not exceed 8,000 gallons (30 274 L). Tanks shall be of the single-
compartment design, double-walled construction and shall be listed by Underwriters
Laboratory (UL).
Exception: Permanent aboveground tanks of greater capacity which meet the
requirements of 3404.2, as amended, may be permitted when approved by the fire
code official.
SS. Amend Section 3406.2.5 to read as follows:
3406.2.5 Type of tank. Tanks shall be listed for use by Underwriters Laboratory
(UL), provided with top openings only, and overfill protection, and approved
hoses/nozzles. Tanks shall be of double-walled construction or be provided with
secondary containment. Elevated gravity discharge tanks shall be permitted only by
approval of the fire code official.
TT. Amend Section 3804.2 to read as follows:
3804.2 Maximum capacity within established limits The installation of any liquid
petroleum gas tank over 500 gallons (1892 L) water capacity is prohibited unless
approved by the fire code official.
UU.HH. Amend Section 4901.1 to read as follows:
4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative
fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm
fire suppression capabilities, or result in large property losses shall comply with this
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chapter. In determining requirements for properties located within the wildland-urban
interface fire area, the fire code official may be guided by the requirements of the
International Wildland-Urban Interface Code and National Fire Protection
Association Standards.
VV.II. Amend Section 4902.1, definition of Wildland-Urban Interface Fire Area to read
as follows:
Wildland-Urban Interface Fire Area: is a geographical area identified by the state
as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code
Sections 4201 through 4204 and Government Code Section 51175 through 51189, or
other areas designated by the enforcing agency to be at a significant risk from
wildfires. Within the City of San Luis Obispo this includes those areas designated
byasby the State or local government as high or very high fire hazard severity zones,.,
or in the 1,000 foot buffer adjacent to high or very high fire hazard severity zones as
designated in the City of San Luis Obispo General Plan, Fire Safety Element .
JJ. Amend Section 4905.3 to read as follows:
Establishment of limits. The City of San Luis Obispo is considered a “Community at
Risk” due to the threat of wildfire impacting the urban community. The City shall
continue to enhance the fire safety and construction codes for new buildings in order
to reduce the risk of urban fires that may result from wildfires. New buildings
citywide shall incorporate the following construction methods and materials: Ignition
resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one
“pilot head”); Ember resistant vent systems for attics and under floor areas, protected
eaves, and Class ‘A’ roof coverings as identified in the California Building Code
Chapter 7A.
KK. Amend Section 5601.1 and add to read as follows:
5601.1 Scope. Manufacture, possession, storage, sale, transportation, handling or use
of explosive materials and the manufacture of explosive material and/or all fireworks,
including Safe and Sane as designated by the Office of the State Fire Marshal, is
prohibited within the City.
Exceptions:
1. The Armed Forces of the United States, Coast guard or National Guard.
2. Explosives in forms prescribed by the official United States
Pharmacopoeia.
3. The possession, storage or use of small arms ammunition when packaged
in accordance with DOTn packaging requirements.
4. The use of explosive materials by federal, state and local regulatory, law
enforcement and fire agencies acting in their official capacities.
Comment [MR30]: This Section was added to
comply with the City’s General Plan Safety Element
to address the threat of wildland fires spreading into
the urban environment by “requiring the “hardening”
of new structures using ignition resistant and ember
intrusion resistant building materials and methods.
Comment [MR31]: This Chapter was moved in
its entirety from Fire Code Chapter 34.
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5. Items preempted by federal regulations.
6. Use and handling of fireworks for display in accordance with Section
3308.1 when authorized by the fire code official and in full compliance with
Chapter 33.
7. The transportation, handling or use of explosive materials in conjunction
with a City permitted construction or demolition project, subject to approval
of the fire code authority and conforming to the requirements of the California
Code of Regulations, Title 19, Division 1, Chapter 10.
LL. Amend Section 5704.2.7 and Delete the Exception to Section 5704.2.7.5.8 to read
as follows:
5704.2.7 Design, construction and general installation requirements for tanks.
All tanks shall be protected tanks as defined in Section 5702. The design, fabrication,
and construction of tanks shall comply with NFPA 30. Tanks shall be of double-
walled construction and listed by Underwriters Laboratories (UL). Each tank shall
bear a permanent nameplate or marking indicating the standard used as the basis of
design.
5704.2.7.5.8 Over-fill prevention. An approved means or method in accordance
with Section 5704.2.9.7.6 shall be provided to prevent the over-fill of all Class I, II
and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals
regulated by Sections 5706.4 or 5706.7 shall have over-fill protection in accordance
with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.6 shall be
provided to prevent the overfilling of Class IIIB liquid storage tanks connected to
fuel-burning equipment inside buildings
MM. Amend 5704.2.8.3 to read as follows:
5704.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall be
no backfill around the tank or within the vault. The vault floor shall drain to a sump.
For pre-manufactured vaults, liquid tightness shall be certified as part of the listing
provided by a nationally recognized testing laboratory. For field-erected vaults, liquid
tightness shall be certified in an approved manner.
NN. Amend Section 5704.2.8.11 to read as follows:
5704.2.8.11 Monitoring and detection. Activation of vapor detection systems shall
also shut off dispenser pumps. Monitoring and detection systems shall be inspected
and tested annually.
OO. Amend Sections 5704.2.9 to read as follows:
Comment [MR32]: This exception was added to
allow blasting associated with demolition and
construction projects within the City under special
permit.
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5704.2.9 Above-ground tanks outside of buildings. Above-ground tanks outside
of buildings shall comply with Section 3404.2 and Sections 5704.2.9.1 through
5704.2.9.6.10 and Section 2306.2.3, condition 3.
PP. Amend Section 5704.2.13.1.4 to read as follows:
5704.2.13.1.4 Tanks abandoned in place. A tank owner/operator proposing to
abandon a tank in place shall submit a permit application to the fire department for
assessment of soil contamination around the tank and product, vent and vapor piping.
If contamination is confirmed, a work plan for additional assessment or remediation
shall be submitted to the fire department within 30 days. If a tank is approved for
abandonment in place, the property owner will be required place a deed notice on the
property. The deed notice shall be notarized and recorded with the San Luis Obispo
County Clerk Recorder’s Office within 30 days of tank abandonment. Tanks
abandoned in place shall be as follows:
QQ. Amend 5706.2.4 and the Exception to Section 5706.2.4 to read as follows:
5706.2.4 Permanent and temporary tanks. The capacity of permanent above-
ground tanks containing Class I, II or III liquids shall not exceed 1,100 gallons
(4164L). The capacity of temporary aboveground tanks containing class I, II, or III
liquids shall not exceed 8,000 gallons (30 274 L). Tanks shall be of the single-
compartment design, double-walled construction and shall be listed by Underwriters
Laboratory (UL).
Exception: Permanent aboveground tanks of greater capacity which meet the
requirements of 5704.2, as amended, may be permitted when approved by the fire
code official.
RR. Amend Section 5706.2.5 to read as follows:
5706.2.5 Type of tank. Tanks shall be listed for use by Underwriters Laboratory
(UL), provided with top openings only, and overfill protection, and approved
hoses/nozzles. Tanks shall be of double-walled construction or be provided with
secondary containment. Elevated gravity discharge tanks shall be permitted only by
approval of the fire code official.
SS. Amend Section 6104.2 to read as follows:
6104.2 Maximum capacity within established limits The installation of any liquid
petroleum gas tank over 500 gallons (1892 L) water capacity is prohibited unless
approved by the fire code official.
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WW.TT. Amend the Exception to Appendix Section B105.2 to read as follows:
B105.2 Buildings other than one- and two-family dwellings. The minimum fire-
flow and flow duration for buildings other than one- and two-family dwellings shall
be as specified in Table B105.1.
Exception: A reduction in required fire-flow of up to 50 percent, as approved by
the fire code official, may be allowed when the building is provided with an
approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons
per minute (5678 L/min) for the prescribed duration as specified in Table B105.1.
XX.UU. Adopt Appendix D and Amend Appendix Section D103.1 to read as
follows:
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire
apparatus road, the minimum road width shall be 26 feet (7925 mm). See Figure
D103.1.
Exceptions to Figure D103.1: Cul-de-sac diameter may be a minimum of 870
feet as approved by the fire code official. Parking in cul-de-sacs of less than 96
feet in diameter shall be approved by the fire code official.
YY.VV. Amend Appendix Section D103.4 to, Table D103.4 and Figure D103.1to
read as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet shall
be provided with width and turnaround provisions in accordance with Table D103.4,
as amended.
Exception: Where buildings along the dead-end road are protected by an
approved fire sprinkler system throughout, the distance may be increased to 300
feet (91 440 mm).
Table D103.4: The minimum fire apparatus turnaround cul-de-sac diameter shall
be 70 feet, curb to curb, when posted “No Parking”.
ZZ.WW. Amend Appendix Section D103.6 through D103.6.2 to read as follows:
D103.6 Signs. Where required by the fire code official, fire apparatus roads shall be
marked with NO PARKING--FIRE LANE signs city standards. Signs shall be posted
on one or both sides of the fire apparatus road as required by Section D103.6.1 or
D103.6.2.
Comment [MR33]: Reductions in fire vehicle
turnaround diameters to reflect desired community
standards for development are possible due to the
improved maneuverability of the tiller truck and the
design specifications of new fire engines which are
scheduled to be replaced in the next 3 to 7 years.
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D103.6.1 Roads less than 28 feet in width. Fire apparatus roads 20 tolessto less
than 28 feet wide shall be posted on both sides as a fire lane.
D103.6.2 Roads 28 or greater feet in width. Fire apparatus roads 28 to less than 36
feet wide shall be posted on one side of the road as a fire lane.
AAA.XX. Amend Appendix Section D104.1 to read as follows:
D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or
facilities exceeding 30 feet (9144 mm) or three stories in height shall have adequate
means of fire department access for each structure as approved by the fire code
official.
BBB.YY. Amend the Exception to Appendix Section D104.2 to read as follows:
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5760 m2) shall be
provided with two separate and approved fire apparatus access roads.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-
A of this code may be provided with fire apparatus access roads having a
minimum width of 20 feet when approved by the fire code official.
CCC.ZZ. Amend Appendix Section D105.2 by adding an exception to read as
follows:
D105.2 Width. Aerial fire apparatus roads shall have a minimum unobstructed
width of 26 feet (7925 mm) in the immediate vicinity of any building or portion of a
building more than 30 feet (9144 mm) in height.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-
A of this code may be provided with fire apparatus access roads having a
minimum width of 20 feet when approved by the fire code official.
DDD.AAA. Amend Section D106.1 to read as follows:
D106.1 Projects having more than 100 dwelling units. Multiple-family residential
projects having more than 100 dwelling units shall be equipped throughout with two
separate and approved fire apparatus roads.
EEE.BBB. Delete Appendix Section D106.2.
FFF.CCC. Amend Appendix Section D107.1 to read as follows:
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D107.1 One- or two-family dwelling residential developments. Developments of
one- or two-family dwellings where the number of dwelling units exceeds 30 shall be
provided with separate and approved fire access roads and shall meet the
requirements of D104.3. Where the number of dwelling units is less than 30, the fire
code official may require additional access in accordance with Section 503.1.2.
Exception: The number of dwelling units on a single fire apparatus access road
shall not be increased unless fire apparatus access roads will connect with future
development, as determined by the fire code official.
SECTION 7 . The Chief Building Official and Fire Code Official are hereby authorized
and directed to transmit a copy of this ordinance to the California Building Standards
Commission as required by California Health and Safety Code Section 17958.7.
SECTION 8 . If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have
passed each and every remaining provision irrespective of such holding in order to accomplish
the intent of this ordinance.
SECTION 9. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes shall be published at least 5 days prior to its final passage in the Tribune,
a newspaper published and circulated in said City, and the same shall go into effect at the
expiration of 30 days after its final passage, but not before January 1, 201412011. A copy of the
full text of this ordinance shall be on file in the Office of the City Clerk on and after the date
following introduction and passage to print and shall be available to any member of the public.
INTRODUCED on the ____ day of ____________ 20__, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the ____ day of 20__, on the following roll call
vote:
AYES:
NOES:
ABSENT:
Mayor Jan Marx
ATTEST:
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Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
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.
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agenda correspondence
December 3, 2013
TO: City Council
FROM: Katie Lichtig, City Manager
Prepared by: Derek Johnson, Community Development Director
SUBJECT: 2013 Building Code Adoption – Amendments to CA Building Code, Appendix J –
Grading Requirements
Following the development of the 2013 Code Adoption Ordinance staff was contacted by members of
the development community regarding the City’s amendments to the California Building Code (CBC)
Appendix J, specifically Section J101.6 and Table J101.6. These are existing amendments that are
proposed for readoption with the 2013 codes and have been in the City’s Municipal Code for some time.
Section J101.6 and Table J101.6 can be found on pages 20-23 of the ordinance and read as follow:
J101.6 Special grading standards. The topography of a site proposed for development shall
remain substantially in its natural state. Mass recontouring shall not be allowed. In all
cases, the average cross slope of a site shall be determined prior to any grading operations
or approval of any grading plan. Where a site does not slope uniformly, the building official
or city engineer shall determine average cross slope by proportional weighting of the cross
slopes of uniformly sloping subareas. The percentage of the site, exclusive of building area,
to remain in its natural state (no grading of any kind allowed) shall be in accordance with
Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The rounded
edges shall have a radius equal to one-half the height of the cut or fill slope.
TABLE J101.6
GRADING TO REMAIN IN NATURAL STATE
Percent Average Cross Slope Percent of Site to Remain in Natural State
0-5 0
6-10 25
11-15 40
16-20 60
21-25 80
26-30 90
Above 30 100
Staff believes that the intent of these amendments to the grading chapter were to carry out hillside
management policies contained elsewhere in the City’s General Plan and Zoning Regulations, which
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preclude the wholesale alteration or elimination of natural topographical features. Conversely, staff
does not believe that the intent is to preclude any grading activity reasonably necessary to allow a site to
be developed within the parameters of the General Plan and Zoning Regulations provided that the
dominant topographical features are retained. In practice, staff has been flexible in its interpretation of
this section, since a literal interpretation might make it infeasible to develop many sites that are
otherwise in compliance with the Zoning Regulations.
Therefore, staff would like to recommend revisions to Section J101.6 to read as follows:
J101.6 Special grading standards. The topography of a site proposed for development shall
remain substantially in its natural state. Mass recontouring shall not be allowed. In all
cases the average cross slope of a site shall be determined prior to any grading operations or
approval of any grading plan. Where a site does not slope uniformly, the building official or
city engineer shall determine average cross slope by proportional weighting of the cross
slopes of uniformly sloping subareas. The percentage of the site, exclusive of building area,
to remain in its natural state, (no grading of any kind allowed) shall be in accordance with
Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The rounded
edges shall have a radius equal to one-half the height of the cut or fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a tentative
subdivision map, development proposal, or similar entitlement consistent with General Plan
policies and other hillside standards is not subject to the specific grading limitations noted in
this section.
The goal is to allow the development of sites such that the topography is substantially retained in its
natural state. Staff believes that the current language may be interpreted as being too restrictive. Staff
expects some disturbance of natural areas is tolerable as long as the areas are not recontoured to
eliminate the natural topography and disrupt the geologic and topographic rhythm of the area, and are
restored/replanted to their original condition upon completion of grading activities. All grading activites
would need to comply with adopted General Plan policies and other City standards 1.
1 General Plan Policies
• General Plan Policies on Hillside Development (LUE 6.2, Hillside Policies) – Protect and preserve scenic hillside areas and natural features such
as the volcanic Morros and steep slope areas that function as landscape backdrops for the Community.
• General Plan Policies on Development Limits (LUE 6.2.2, Development Limits)
-Avoid encroachment into sensitive habitats or unique resources
-Hillsides should have carefully chosen development limit lines
-Development limit lines should help protect the City’s scenic setting.
• General Plan Policy 6.2.3 Development Standards, development shall be entirely within urban reserve line or development limit line.
Community Design Guidelines
• Community Design Guidelines (CDG 7.2) Hillside Development
• Design Guidelines (7.2) – Grading: calls for minimizing hillside grading, avoid single elevation graded pads, use stepped foundations, and
careful site preparation with smaller-scale graded areas.
• Design Guidelines (7.2) – Locate structures to keep a low profile and conform to natural slopes, and maintain as low a profile as possible.
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The exception language being added acknowledges that a tentative subdivision map or similar
development is subject to rigorous review and the grading is evaluated in totality to other objectives of
the project consistent with the overall goals and policies of the General Plan.
Please contact Joseph Lease, Chief Building Official at 781-7159 if there are any questions.
• 16.18.020 General design requirements.
• The design of lots shall be based on intended use, topography, natural resources and access requirements. Lots which are impractical for
intended uses due to terrain, location of natural features, inadequate access, frontage, or developable area, or other physical limitations will
not be approved.
• A. Grading. Natural contours shall be preserved in new subdivisions to the greatest extent possible. Pad development prior to design approval
of structures shall be prohibited unless directly associated with public improvements and required drainage. Retaining walls greater than three
feet in height, 2:1 slopes or other significant landform alterations are strongly discouraged.
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