HomeMy WebLinkAboutO-1723 amending Title 15 to adopt by reference and amend the latest edition of the California Building Standards CodeO 1723
ORDINANCE NO. 1723 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 15 OF THE MUNICIPAL
CODE TO ADOPT BY REFERENCE AND AMEND THE LATEST EDITION
OF THE CALIFORNIA BUILDING STANDARDS CODE 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 2022 Edition of the California Building
Standards Code, comprised of various model codes and State amendments, which will
become effective on January 1, 2023; and
WHEREAS, pursuant to 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, California Health and Safety Code Sections 17958.7 and 18941.5
require 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 amendmen ts 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 California
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.
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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. 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), Ordinance 1555 (2010 Series),
Ordinance 1595 (2013 Series), Ordinance 1630 (2016 Series), Ordinance 1670 (2019
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 said Council takes said action because
of the public interest in protecting life and preserving public safety and property.
SECTION 4. Findings. The City Council finds that each amendment referred to in
the ordinance 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.
SECTION 5. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby
amended in its entirety to read as follows:
SECTION 15.02.010 ADOPTION OF CODES
The City of San Luis Obispo hereby adopts a Building Construction and Fire Prevention
Code of the City of San Luis Obispo, 2023, hereinafter designated as the "San Luis
Obispo Building Construction and Fire Prevention Code, 2023."
SECTION 15.02.020. BUILDING STANDARDS.
The City of San Luis Obispo hereby adopts the 2022 California Building Code as Part 2
of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as
otherwise provided herein, or as later amended in Section 15.04.020, Part 2 of the San
Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published
in the California Building Code Volumes 1 and 2, 2022 edition, and as copyrighted in 2021
by the International Code Council, Inc. and the California Building Standards
Commission, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, including
all of its tables, indices, addenda, footnotes, and the following appendices:
• Appendix C – Group U – Agricultural Buildings
• Appendix F – Rodent Proofing
• Appendix G – Flood-Resistant Construction
• Appendix I – Patio Covers
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• Appendix J – Grading
• Appendix L – Earthquake Recording Instrumentation
• Appendix N – Replicable Buildings
• Appendix O – Emergency Housing
Said California Building Code is hereby referred to and by such references are
incorporated herein as if fully set forth.
SECTION 15.02.025. RESIDENTIAL STANDARDS.
The City of San Luis Obispo hereby adopts the 2022 California Residential Code as Part
2.5 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except
as otherwise provided herein, or as later amended in Section 15.04.0 25, Part 2.5 of the
San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as
published in the California Residential Code, 2022 edition, and as copyrighted in 2021 by
the International Code Council, Inc. and the California Building Standards Commission,
California Code of Regulations, Title 24, Part 2.5, including all of its tables, indices,
addenda, footnotes, and appendices adopted by the State of California. Said California
Residential Code is hereby referred to and by such reference is incorporated herein as if
fully set forth.
SECTION 15.02.030. ELECTRICAL STANDARDS.
The City of San Luis Obispo hereby adopts the 2022 California Electrical Code as Part 3
of the San Luis Obispo Building Construction and Fire Prevention Code , 2023. Except as
otherwise provided herein, or as later amended in Section 15.04.030, Part 3 of the San
Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published
in the California Electrical Code, 2022 edition, and as copyrighted in 2020 to the National
Fire Protection Association, Inc. and the California Building Standard s Commission,
California Code of Regulations, Title 24, Part 3, including all of its tables, indices,
appendices, addenda, annexes and footnotes. Said California Electrical Code is hereby
referred to and by such reference is incorporated herein as if fully set forth.
SECTION 15.02.040. MECHANICAL STANDARDS.
The City of San Luis Obispo hereby adopts the 2022 California Mechanical Code as Part
4 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except
as otherwise provided herein, or as later amended in Section 15.04.040, Part 4 of the San
Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published
in the California Mechanical Code, 2022 edition, and as co pyrighted in 2021 by the
International Association of Plumbing and Mechanical Officials and the California Building
Standards Commission, California Code of Regulations, Title 24, Part 4, including all of
its tables, indices, addenda, footnotes, and the following appendices:
• Appendix A – Residential Plans Examiner Review Form for HVAC System Design
• Appendix B – Procedures to be Followed to Place Gas Equipment in Operation
• Appendix C – Installation and Testing of Oil (Liquid) Fuel-Fired Equipment
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• Appendix D – Fuel Supply: Manufactured/Mobile Home Parks and Recreational
Vehicle Parks
• Appendix F – Geothermal Energy Systems
• Appendix G – Sizing of Venting Systems and Outdoor Combustion and Ventilation
Opening Design
• Appendix H – Example Calculation of Outdoor Air Rate
Said California Mechanical Code is hereby referred to and by such reference is
incorporated herein as if fully set forth.
SECTION 15.02.050. PLUMBING STANDARDS.
The City of San Luis Obispo hereby adopts the 2022 California Plumbing Code as Part
5 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except
as otherwise provided herein, or as later amended in Section 15.04.050, Part 5 of the
San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as
published in the California Plumbing Code 2022 edition, and as copyrighted in 2021 by
the International Association of Plumbing and Mechanical Officials and the California
Building Standards Commission, California Code of Regulations, Title 24, Part 5,
including all of its tables, indices, addenda, footnotes, and the following appendices:
• Appendix A – Recommended Rules for Sizing the Water Supply System
• Appendix B – Explanatory Notes on Combination Waste and Vent Systems
• Appendix C – Alternate Plumbing Systems
• Appendix D – Sizing Storm Water Drainage Systems
• Appendix E – Manufactured/Mobile Home Parks and Recreational Vehicle Parks
• Appendix G – Sizing of Venting Systems
• Appendix H – Private Sewage Disposal Systems
• Appendix I – Installation Standards
• Appendix J – Combination of Indoor and Outdoor Combustion and Ventilation
Opening Design
• Appendix K – Potable Rainwater Catchment Systems
• Appendix M – Peak Water Demand Calculator
• Appendix N – Impact of Water Temperature on The Potential for Scalding and
Legionella Growth
Said California Plumbing Code is hereby referred to and by such reference is incorporated
herein as if fully set forth.
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SECTION 15.02.060. ENERGY STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Energy Code as Part 6 of
the San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as
otherwise provided herein, or as later amended in Section 15.04.060, or affected by San
Luis Obispo Health and Safety Code Chapter 8.11, Part 6 of the San Luis Obispo Building
Construction and Fire Prevention Code, 2023, shall be as published in the California
Energy Code 2022 edition, and as copyrighted by the California Building Standards
Commission, California Code of Regulations, Title 24, Part 6, including all of its tables,
indices, appendices, addenda and footnotes. Said California Energy Code is hereby
referred to and by such reference is incorporated herein as if fully set forth.
SECTION 15.02.070. Reserved
SECTION 15.02.080. HISTORICAL BUILDING STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Historical Building Code
as Part 8 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023.
Except as otherwise provided herein, or as later amended in Section 15.04.080, Par t 8
of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be
as published in the California Historical Building Code 2022 edition, and as copyrighted
by the California Building Standards Commission, California Code of Regulations, Title
24, Part 8, including all of its tables, indices, appendices, addenda and footnotes. Said
California Historical Building Code is hereby referred to and by such reference is
incorporated herein as if fully set forth.
SECTION 15.02.090. FIRE PREVENTION STANDARDS
The City of San Luis Obispo hereby adopts the 2019 California Fire Code as Part 9 of the
San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as
otherwise provided herein, or as later amended in Section 15.04.090, Part 9 of the San
Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published
in the California Fire Code, 2022 edition, and as copyrighted in 2021 by the International
Code Council, Inc. and the California Building Standards Commission, California Code of
Regulations, Title 24, Part 9, including all of its tables, indices, addenda , footnotes, and
the following appendices:
• Appendix Chapter 4 – Special Detailed Requirements Based on Use and
Occupancy
• Appendix B – Fire-flow Requirements for Buildings
• Appendix BB – Fire-flow Requirements for Buildings
• Appendix C – Fire Hydrant Locations and Distribution
• Appendix CC – Fire Hydrant Locations and Distribution
• Appendix D – Fire Apparatus Access Roads
• Appendix E – Hazard Categories
• Appendix F – Hazard Ranking
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• Appendix G – Cryogenic Fluids-Weight and Volume Equivalents
• Appendix H – Hazardous Materials Management Plans and Hazardous Materials
Inventory Statements
• Appendix I – Fire Protection Systems-Noncompliant Conditions
• Appendix J – Building Information Sign
• Appendix K – Construction Requirements for Existing Ambulatory Care Facilities
• Appendix M – High-Rise Buildings-Retroactive Automatic Sprinkler Requirement
• Appendix N – Indoor Trade Shows and Exhibitions
• Appendix O – Temporary Haunted Houses, Ghost Walks and Similar
Amusement Uses
• Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation
Framework
Said California Fire Code is hereby referred to and by such reference is incorporated
herein as if fully set forth.
SECTION 15.02.100. EXISTING BUILDING STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Existing Building Code as
Part 10 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023.
Except as otherwise provided herein, or as later amended in Section 15.04.100, Part 10
of the San Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be
as published in the California Existing Building Code 2022 edition, an d as copyrighted in
2021 by the International Code Council, Inc. and the California Building Standards
Commission, California Code of Regulations, Title 24, Part 10, including all of its tables,
indices, appendices, addenda and footnotes. Said California Existing Building Code is
hereby referred to and by such reference is incorporated herein as if fully set forth.
SECTION 15.02.110. GREEN BUILDING STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Green Building Standards
Code as Part 11 of the San Luis Obispo Building Construction and Fire Prevention Code,
2023. Except as otherwise provided herein, or as later amended in Section 15.04.110,
Part 11 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023,
shall be as published in the California Green Building Standards Code, 2022 edition, and
as published in 2022 by the International Code Council, Inc. and the California Building
Standards Commission, California Code of Regulations, Title 24, Part 11, including all of
its tables, indices, addenda, footnotes, and appendices adopted by the State of California.
Said California Green Building Standards Code is hereby referred to and by such
reference is incorporated herein as if fully set forth.
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SECTION 15.02.120. REFERENCED STANDARDS
The City of San Luis Obispo hereby adopts the 2022 California Referenced Standards
Code as Part 12 of the San Luis Obispo Building Construction and Fire Prevention Code,
2023. Except as otherwise provided herein, or as later amended in Sec tion 15.04.120,
Part 12 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023,
shall be as published in the California Referenced Standards Code, 2022 edition, and as
published in 2022 by the International Code Council, Inc. and the California Building
Standards Commission, California Code of Regulations, Title 24, Part 12, including all of
its tables, indices, appendices, addenda and footnotes. Said California Referenced
Standards Code is hereby referred to and by such reference is incorporated herein as if
fully set forth.
SECTION 15.02.130. PROPERTY MAINTENANCE STANDARDS
The City of San Luis Obispo hereby adopts the 2021 International Property Maintenance
Code as Part 13 of the San Luis Obispo Building Construction and Fire Prevention Code,
2023. Except as otherwise provided herein, or as later amended in Section 15.04.130,
Part 13 of the San Luis Obispo Building Construction and Fire Prevention Code, 2023,
shall be as published in the International Property Maintenance Code, 2021 edition, and
as published in 2021 by the International Code Council, Inc., including all of its tables,
indices, appendices, addenda and footnotes. Said International Property Maintenance
Code is hereby referred to and by such reference is incorporated herein as if fully s et
forth.
SECTION 15.02.140. HEALTH AND SAFETY STANDARDS
The City of San Luis Obispo hereby adopts the 1997 Editions of the Uniform Housing
Code and the Uniform Code for the Abatement of Dangerous Buildings as Part 14 of the
San Luis Obispo Building Construction and Fire Prevention Code, 2023. Except as
otherwise provided herein, or as later amended in Section 15.04.140, Part 14 of the San
Luis Obispo Building Construction and Fire Prevention Code, 2023, shall be as published
in the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous
Buildings, 1997 edition, and as published by the International Conference of Building
Officials including all of its tables, indices, appendices, addenda and footnotes. Said
Uniform Housing Code and the Uniform Code for the Abatement of Dangerous are hereby
referred to and by such reference are incorporated herein as if fully set forth.
SECTION 15.02.150 VIOLATION PENALTIES
Persons who shall violate a provision of the California Fire 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 one thousand 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.
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SECTION 6. Chapter 15.04 of the San Luis Obispo Municipal Code is hereby
amended in its entirety to read as follows:
CHAPTER 15.04 AMENDMENTS TO THE BUILDING CONSTRUCTION AND FIRE
PREVENTION CODE
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; BUILDING STANDARDS
A. Amend Chapter 1, Division II, Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Building Code of The City of
San Luis Obispo, hereinafter referred to as “this code.”
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. The function of the agency shall be the implementation, administration and
enforcement of the provisions of this code.
C. Add Chapter 1, Division II, Section 104.10.2 to read as follows
104.11.5 Alternate Means and Methods Fee. When a request for approval of an
Alternate Means and Methods is proposed under Section 104.10, an Alternate
Means and Methods fee shall be paid at the time of submitting the documents for
review. Said fee shall be in accordance with the schedule as established by the
applicable governing authority.
D. 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
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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.
E. Amend Chapter 1, Division II, Section 105.2 Building items 1, 2 and 5 to read as
follows:
Work exempt from permit.
Building:
1. One –story detached accessory structures associated with an R -3
occupancy building used as tool and storage sheds, playhouses and similar
uses, provided the floor area is not greater than 120 square feet (11 m 2).
Maximum building height shall be 12 ft. above grade to highest point of
structure. Such structure must comply with all provision of Title 17 of the
Municipal Code. It is permissible that these structures still be regulated by
Section 710A, despite exemption from permit.
2. Fences not over 6 feet high constructed of conventional lightweight
materials including wood, vinyl, and wrought iron.
5. A water tank or a group of water tanks intended for storage of irrigation
water only supported directly on grade if the capacity does not exceed 600
gallons in total on a parcel, the height does not exceed seven feet, and the
ratio of height to width does not exceed 2:1 (provided that water tanks with
minor ratio deviances may be allowed under this section in the discretion of
the Chief Building Official, subject to review of the deviation by the Chief
Building Official and verification that such minor deviations do not adversely
impact structural stability), and it is not visible from the public right-of way
that abuts the front yard.
F. 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 mo re
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. An
application for a permit that is abandoned after adoption of new mandatory
building codes by the State may not be extended and must comply with the new
regulations.
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G. 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.
105.3.3.1 Retaining Walls. 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.
105.3.3.2 Separate Fees. 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.
105.3.3.3 Incomplete Submittals. 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 107.3.4.1,
an additional plan review fee may be charged at a rate established by the
applicable governing authority.
H. Amend Chapter 1, Division II, Section 105.5 to read as follows:
105.5.1 Expiration. Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within 12 months after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 12 months after the time the work is commenced. Work
shall be deemed abandoned if an inspection required to be performed under the
work authorized by the permit is not approved within 12 months of the most recent
prior approved inspection. The building official is authorized to grant, in writing,
one or more extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated. A
permit that is abandoned after adoption of new mandatory building codes by the
State may not be extended and must be submitted for review to comply with the
new regulations.
105.5.2 Code Violations Expiration. Permits issued to correct code violations
pursuant to a code enforcement case shall be valid for a period of 90 days.
Extensions to the permit may be granted at the discretion of the building official.
Performance or approval of a required inspection will not automatically extend the
permit.
I. Amend Chapter 1, Division II, Section 105.7 to read as follows:
105.7 Placement and Posting of Permit. A copy of the issued job posting card
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.
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J. 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 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.
K. Add Chapter 1, Division II, Sections 109.4.1 to read as follows:
109.4.1 Code Enforcement Investigation Fee. When work requiring a permit is
discovered and through the investigation of the Code Enforcement Division a
person obtains the necessary permits to correct the work performed, a Code
Enforcement Fee will be required at a rate established by the applicable governing
authority. This fee is in addition to the Special Investigation Fee.
L. Add Chapter 1, Division II, Sections 111.3.1 to read as follows:
111.3.1 Temporary Certificate of Occupancy Fee. When an applicant wishes
to receive permission to occupy a structure and they have not completed the work
required under their permit and they request a temporary certificat e of occupancy
for limited use of the building, a fee shall be required for preparation of the
agreement and certificate for the limited use of the building. Such fee shall be set
at a rate established by the applicable governing authority. Additional in spections
required to verify compliance with the temporary occupancy shall be required to
be paid in advance at the current hourly inspection rate.
M. 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 by underground
wiring.
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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 overh ead, 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 (trash, recycling and green 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.
N. 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 and shall render all decisions
and findings in writing to the appellant with a duplicate copy to the building
official.
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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 sh all 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 ap peal 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.
O. Add Chapter 1, Division II, Section 113.5 of to read as follows:
113.5 Fees. A fee titled “Appeal of Building Official Decision”, or “Access Board
of Appeals” shall be collected for appeal of a decision of the building official,
code official or fire code official to the appropriate board of appeals.
P. Amend Chapter 1, Division II, Section 116.1 of to read as follows:
116.1 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.
Q. Add the following definitions to Section 202:
Boarding House. A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single -family unit. A boarding
house may have only one kitchen or facility for eating and cooking and such
facility must be accessible to all residents or guests. See also definition of
Congregate Residence.
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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.
See also definition of Rainwater Catchment System.
Subdivision, Airspace. An airspace subdivision shall be as defined in
Chapter 16 of the San Luis Obispo Municipal Code.
R. 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
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S. 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.
T. Amend Section 903.1.1 to read as follows:
903.1.1 Minimum Sprinkler Coverage. Unless the fire official approves an
alternative automatic fire-extinguishing system complying with section 904, an
approved automatic fire sprinkler system shall be installed in accordance with
sections 903.1.1.1 through 903.1.1.6:
U. Add Sections 903.1.1.1 through 903.1.1.6 to read as follows
903.1.1.1 New Buildings. An approved automatic fire sprinkler system
shall be installed 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 m 2).
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.
903.1.1.2 Existing Buildings. An approved automatic fire sprinkler system
shall be installed 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.
903.1.1.3 Additions. An approved automatic fire sprinkler system shall
be installed throughout additions to existing buildings equipped with an
automatic fire sprinkler system.
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903.1.1.4 Change of Use. An approved automatic fire sprinkler system
shall be installed 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.
903.1.1.5 Buildings with Plastics. An approved automatic fire sprinkler
system shall be installed throughout in buildings where cellulose nitrate film
or pyroxylin plastics are manufactured, stored or handled.
903.1.1.6 Floor Area Calculation. 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.
V. Amend Sections 903.3.1.1 and 903.3.1.1.1 with all locations identified in this section 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 as amended in Chapter 35 e xcept as
provided in Section 903.3.1.1.1 through 903.3.1.1.3. Sprinkler system designs
referenced in Sections 903.3.5.2 and 903.3.8 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.
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W. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system supervision 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:
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.
Y. 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.
Z. Amend Section 907.6.6 to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter or by the
California Building Code or the California Fire 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
907.2.11.
2. Group I-3 occupancies shall be monitored in accordance with
Section 907.2.6.3.
3. Automatic sprinkler systems in one and two-family dwellings.
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AA. Add Section 910.3.2.1 to read as follows:
910.3.2.1 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. 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.
CC. Amend Section 1612.3 to read:
1612.3 Establishment of flood hazard areas. To establish flood hazard
areas, the applicable governing authority shall adopt a flood hazard map and
supporting data. The flood hazard map shall include, at a minimum, areas of
special flood hazard as identified by the Federal Emergency Management
Agency in an engineering report entitled “The Flood Insurance Study for the
City of San Luis Obispo” dated May 16, 2017 (Revised), as amended or revised
with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary
and Floodway Map (FBFM) and related supporting data along with any
revisions thereto. The adopted flood hazard map and supporting data are
hereby adopted by reference and declared to be part of this section.
DD. Add Section 1804.4.2 to read as follows:
1804.4.2 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.
EE. 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.
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FF. Modify Table 1809.7 to read as follows:
TABLE 1809.7
FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a b c d e h
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.
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.
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GG. 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 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 throu gh 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 squar e
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 midpo int
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 inch es (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.
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.
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Exception: Plastic tub boxes may be used in lieu of concrete if properly
sealed around all edges and pipe penetrations.
HH. Add Sections 3109.3 through 3109.5 to read as follows:
3109.3 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.
3109.4 Lighting. Pools shall be equipped with artificial lighting adequate to
illuminate all underwater areas.
3109.5 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.
II. Amend Appendix Section G103.2 to read as follows:
G103.2 Establishment of flood hazard areas. Flood hazard areas are
established in the current edition of the City of San Luis Obispo’s Flood
Insurance Rate Maps. All construction work within designated flood hazard
areas shall comply with the Floodplain Manageme nt Regulations contained in
San Luis Obispo Municipal Code Section 17.78.
For the enforcement provisions of this appendix for flood resistant construction
under the purview of the City Engineer, Building Official may mean City
Engineer.
JJ. Amend the title of Appendix Section G109 to read as:
“BUILDINGS AND MANUFACTURED HOMES”
KK. Amend Appendix Section G109.1 to read as follows:
G109.1 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 Floodplain Management Regulations contained in San
Luis Obispo Municipal Code Section 17.78.
LL. Amend Appendix Section G114.3 to read as follows:
G114.3 Elevation. Utility and miscellaneous Group U buildings and structures,
including substantial improvement of such buildings or structures, shall comply
with the Floodplain Management Regulations contained in San Luis Obispo
Municipal Code Section 17.78.
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MM. Amend Appendix Section G114.6 to read as follows:
G114.6 Protection of mechanical and electrical systems. New or
replacement electrical equipment, 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 17.78. Sewer laterals shall be protected with backwater valves where
the finish floor of the structure is located less than 1’ above the BFE at the next
upstream sewer manhole.
NN. 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.
OO. 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 af fects
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.
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 buil ding
area, to remain in its natural state shall be in accordance with Table J101.6.
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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.
PP. 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.
QQ. 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 natur al 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.
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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 silt removal and 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.
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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.
RR. 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.
SS. 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. Erosion control plantings shall be established in accordance
with City Engineering Standards and/or to the satisfaction of the Building
Official.
TT. 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
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SECTION 15.04.025 AMENDMENTS; RESIDENTIAL STANDARDS
A. Amend Section R109.1.2 Exception to read as follows:
Exception: Back-filling of ground-source heat pump loop systems tested in
accordance with ASTM Standards prior to inspection shall be permitted.
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B. Amend Table R301.2(1) to read as follows:
GROUND
SNOW
LOADo
WIND DESIGN SEISMIC
DESIGN
CATEGORYf
SUBJECT TO DAMAGE FROM ICE BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR
FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speedd
(mph)
Topographic
effectsk
Special
wind
regionl
Windborne
debris
zonem
Weatheringa
Frost
line
depthb
Termitec
0 95 YES NO NO D Negligible 0 Very
high No
Refer to
Chapter
17.78 of
the SLO
Municipal
Code
0 59(oF)
MANUAL J DESIGN CRITERIA
Elevation
Altitude
correction
factor
Coincident
wet bulb
Indoor
winter
design dry-
bulb
temperature
Indoor winter design
dry-bulb temperature
Outdoor winter design
dry-bulb temperature
Heating temperature
difference
250 0.993 63 70 70 35 35
Latitude Daily
range
Indoor
summer
design
relative
humidity
Indoor
summer
design
relative
humidity
Indoor summer design
dry-bulb temperature
Outdoor summer design
dry-bulb temperature
Cooling temperature
difference
35 MEDIUM 50% 50% 75 88 13
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C. 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.
D. 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
17.78, 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.
E. Add Section R337.1.1.1 to read as follows:
R337.1.1.1 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.
F. Delete Sections R403 and R404 and add R403.1 to read as follows:
R403.1 Foundations. The design of foundations to support structures regulated
under the Part 2.5 of the San Luis Obispo Building Construction and Fire
Prevention Code, 2023 shall be per Part 2 of the San Luis Obispo Building
Construction and Fire Prevention Code, 2023, Section 1809 or 1810.
SECTION 15.04.030 AMENDMENTS; ELECTRICAL STANDARDS
A. Amend Section 230.70 (A)(1) to read as follows:
230.70 (A)(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.
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SECTION 15.04.040 AMENDMENTS; MECHANICAL STANDARDS
A. Amend Section 104.3.2 to read as follows:
104.3.2 Plan Review Fees. Where a plan or other data is required to be
submitted in accordance with Section 104.3.1, a plan review fee shall be paid
at the time of submitting construction documents for review.
1. The plan review fees for mechanical system work shall be determined and
adopted by this jurisdiction.
2. The plan review fees specific in this subsection are separate fees from the
permit fees specified in the fee schedule adopted by this jurisdiction
3. Where plans are incomplete or changed so as to require additional review,
a fee shall be charged on an hourly basis at the rate established by this
jurisdiction’s fee schedule.
B. Amend Section 104.4 to read as follows:
104.4 Permit Issuance. The application, construction documents, and other
data filed by an applicant for a permit shall be reviewed by the Authority Having
Jurisdiction. Such plans shall be permitted to be reviewed by other departments
of this jurisdiction to verify compliance with applicable laws under their
jurisdiction. Where the Authority Having Jurisdiction finds that the work
described in an application for permit and the plans, specifications, and other
data filled therewith are in accordance with the requirements of the c ode and
other pertinent laws and ordinances and that all required fees have been paid,
the Authority Having Jurisdiction shall issue a permit therefore to the applicant.
C. Delete Table 104.5 and amend section 104.5 to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this
section and as set for in the applicable fee schedule adopted by this jurisdiction
D. Amend section 105.2.6 to read as follows:
105.2.6 Reinspections. A reinspection fee shall be permitted to be assessed
for each inspection or reinspection where such portion of work for which
inspection is called is not complete or where required corrections have not been
made.
1. This provision shall not be interpreted as requiring reinspection fees the first
time a job is rejected for failure to be in accordance with the requirements
of this code, but as controlling the practice for calling for inspections before
the job is ready for inspection or reinspection.
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2. Reinspection fees shall be permitted to be assessed where the approved
plans are not readily available to the inspector, for failure to provide access
on the date for which the inspection is requested, or for deviating from plans
requiring the approval of the Authority Having Jurisdiction.
3. In instances where reinspection fees have been assessed, no addition
inspection of the work will be performed until the required fees have been
paid.
SECTION 15.04.050 AMENDMENTS; PLUMBING STANDARDS.
A. Amend Section 104.3.2 to read as follows:
104.3.2 Plan Review Fees. Where a plan or other data is required to be
submitted in accordance with Section 104.3.1, a plan review fee shall be
paid at the time of submitting construction documents for review.
1. The plan review fees for mechanical system work shall be determined
and adopted by this jurisdiction.
2. The plan review fees specific in this subsection are separate fees from
the permit fees specified in the fee schedule adopted by this jurisdiction
3. Where plans are incomplete or changed so as to require additional
review, a fee shall be charged on an hourly basis at the rate established
by this jurisdiction’s fee schedule
B. Amend Section 104.4 to read as follows:
104.4 Permit Issuance. The application, construction documents, and other
data filed by an applicant for a permit shall be reviewed by the Authority Having
Jurisdiction. Such plans shall be permitted to be reviewed by other departments
of this jurisdiction to verify compliance with applicable laws under their
jurisdiction. Where the Authority Having Jurisdiction finds that the work
described in an application for permit and the plans, specifications, and other
data filled therewith are in accordance with the requirements of the code and
other pertinent laws and ordinances and that all required fees have been paid,
the Authority Having Jurisdiction shall issue a permit therefore to the applicant.
C. Delete Table 104.5 and amend Section 104.5 to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this
section and as set for in the applicable fee schedule adopted by this jurisdiction
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D. Amend Section 105.2.6 to read as follows:
105.2.6 Reinspections. A reinspection fee shall be permitted to be
assessed for each inspection or reinspection where such portion of work for
which inspection is called is not complete or where required corrections
have not been made.
1. This provision shall not be interpreted as requiring reinspection fees
the first time a job is rejected for failure to be in accordance with the
requirements of this code, but as controlling the practice for calling
for inspections before the job is ready for inspection or reinspection.
2. Reinspection fees shall be permitted to be assessed where the
approved plans are not readily available to the inspector, for failure
to provide access on the date for which the inspection is requested,
or for deviating from plans requiring the approval of the Authority
Having Jurisdiction.
3. In instances where reinspection fees have been assessed, no
addition inspection of the work will be performed until the required
fees have been paid.
E. Amend Section 314.4 to read as follows:
314.4 Excavations. 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 ensure 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, cinder fill, 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 ensure permanent stability for pipe laid
in filled or made ground.
F. 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.
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G. Add Section 1101.3.1 to read as follows:
1101.3.1 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.
H. Amend Section 1601.3, Exceptions: to read as follows:
Exceptions:
(1) A permit is not required for exterior rainwater catchment systems used for
outdoor non-spray irrigation with a maximum storage capacity of 600
gallons where the tank is supported directly upon grade, the ratio of height
to diameter or width does not exceed 2 to 1 (except as exempted by the
Chief Building Official upon confirmation of structural stability), and it does
not require electrical power or a makeup water supply connection, the
height does not exceed seven feet, and it is not visible from the public right-
of-way that abuts the front yard.
(2) A permit is not required for exterior rainwater catchment systems used for
spray irrigation with a maximum storage capacity of 360 gallons
SECTION 15.04.060 AMENDMENTS; ENERGY STANDARDS (RESERVED).
SECTION 15.04.070 (RESERVED).
SECTION 15.04.080 AMENDMENTS; HISTORICAL BUILDING STANDARDS
(RESERVED)
SECTION 15.04.090 AMENDMENTS; FIRE PREVENTION STANDARDS
A. Amend Chapter 1, Division II, Section 101.1 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”.
B. Amend Chapter 1, Division II, Section 103.1 to read as follows:
103.1 Creation of agency. The City of San Luis Obispo Fire Department is
hereby created and the official in charge thereof shall be known as the fire code
official. The function of the agency shall include the implementation,
administration and enforcement of the provisions of this code.
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C. Amend Chapter 1, Division II, Section 111 to read as follows:
111 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 Part 2 of The City of San Luis Obispo
Building Construction and Fire Prevention 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.
D. Amend Chapter 1, Division II, Section 112.4 to read as follows:
112.4 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.
E. Amend Chapter 1, Division II, Section 111.4 to read as follows:
113.4 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.
F. Amend the definition of Sky Lantern in Section 202 to read as follows:
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. Add Section 302.2 to read as follows:
HAZARDOUS FIRE AREA. As used in this Chapter: “Hazardous fire area”
means any area which is designated as a hazardous fire area by the fire chief
pursuant to Section 305.6.
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H. Add Section 305.6 to read as follows:
305.6 Designation of territory as hazardous fire area by the Fire Chief.
Whenever the Fire Chief determines that a fire hazard exists in any area due
to the presence of flammable material or cover, they may by regulation
designate such area to be a hazardous fire area. The regulation shall declare
the period of time during which the area shall be so designated.
305.6.1 Posting of notices.
Notice of the designation of each hazardous fire area shall be given by the
posting of notices at intervals of not greater than 500 feet along the exterior
boundaries of the area or along roads and official trails passing through the
area.
305.6.2 Limitation on smoking or building campfires.
A person shall not smoke or build a campfire or other open fire within a
hazardous fire area.
305.6.3 Order closing area to entry; Exceptions; Enforcement.
Whenever it is necessary in the interest of public peace or safety, the Fire
Chief, with the consent of the owner of any lands designated as a hazardous
fire area, may declare such lands closed to entry by any person. Any public
highway traversing such a hazardous fire area, shall, however, be excluded
from the order of closure, and the closure to entry does not prohibit or curtail
the entry or use of the lands by the owner of the lands or his agent, nor the
entry by any federal, state, county of city officer upon the closed area in the
performance of their official duties. City law enforcement officers shall
enforce the order of closure. The Fire Chief shall promulgate written findings
supporting the declaration to close an area and setting forth the projected
duration of the closure. The findings shall articulate with specificity the
basis for the action, considering factors including, but not limited to: weather
conditions (wind, temperatures, relative humidity); fuel loading; topography;
and community threat. The continuation of any order issued pursuant to this
section lasting longer than 5-days (120 hours) shall be reviewed with and
approved in writing by the City Manager until the order is rescinded.
I. 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.
Open burning, cooking or warming fires are prohibited on brush -covered public
lands within the city.
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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.
J. 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.
K. Amend Section 308.1.6.3 to read as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns are prohibited.
Exception: Sky Lanterns may be used when all the following exist:
1) Approval is granted by the fire code official.
2) The sky lantern(s) is necessary for a religious or cultural ceremony
3) Adequate safeguards have been taken at the discretion of the fire
code official.
4) The Sky lantern(s) is tethered in a safe manner to prevent them from
leaving the area and must be constantly attended until extinguished.
L. Amend Section 405.8 to read as follows:
405.8 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.
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M. 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.
Exceptions: 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 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.
N. Amend Section 503.2.2 to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require or permit
modifications to the required access widths where they are inadequate for fire or
rescue operations or where necessary to meet the public safety objectives of the
jurisdiction. Modifications shall include, but are not limited to, a temporary
prohibition of vehicle parking along access roads when conditions are present or
forecasted that would increase the risk to the community
O. 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).
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P. Amend Section 503.4.1 as follows:
503.4.1. Traffic calming devices. Traffic calming devices may be installed
provided they obtain acceptance of the design and approval of the
construction by the fire code official.
Q. 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 alphabetical letters. Numbers shall not be spelled out.
Numbers shall be a minimum of 5 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 required by the fire code official, address identification shall be
provided in additional approved locations to facilitate emergency response. 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. Address identification shall be maintained.
R. 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.
S. 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.
T. 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.
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U. Amend Section 605.1.3 to read as follows:
605.1.3 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.
V. Amend Section 605.9 to read as follows:
605.9 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.
W. Amend Section 901.4.2 and Section 901.4.5 to read as follows:
901.4.2 Nonrequired fire protection systems. When approved by the fire code
official, fire protection and life safety systems or portion thereof not required by this
code, or the California Building Code shall be allowed to be furnished for partial or
complete protection provided that such installed systems meet the applicable
requirements of this code and the California Building Code.
901.4.5 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 fire 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
and life safety systems required under this section shall be installed in accordance
with this code and applicable referenced standards.
X. Amend Section 901.6 to read as follows:
Section 901.6 Inspection, testing and maintenance. Fire protection and life
safety 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 in accordance
with Section 901.8. 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.
Y. Amend Section 903.2 to read as follows:
Where Required. Approved automatic sprinkler systems in new building s and
structures shall provided in locations as described in Section 903 of the San Luis
Obispo Municipal Code Chapter 15.04.020.
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Z. Add Sections 903.2.22 and 903.2.23 to read as follows:
903.2.22 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.
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FIGURE 9-A – COMMERCIAL FIRE ZONE
903.2.23 Notification. Whenever the fire code official determines that a
building is subject to the minimum requirements of Section 903.2.22, 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 903.2.22. 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.
AA. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows, with all locations
identified in section 903.3.1.1.1 to remain:
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 as amended in Chapter 80 except as provided in Section 903.3.1.1.1
through 903.1.1.3.
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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.
BB. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system supervision 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.
CC. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation Control Valves. Approved supervised indication 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.
DD. Amend Section 905.3.1 to read as follows, with Exceptions to remain:
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.
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EE. Amend Section 907.6.6 to read as follows:
907.6.6 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.
3. Automatic sprinkler systems in one- and two-family dwellings.
FF. Add Section 910.3.2.1 to read as follows:
Section 910.3.2.1 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.
GG. Amend Section 1207.1 to read as follows:
1207.1.1.1 Hazardous electrolyte thresholds. Stationary 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 lithium0ion and lithium metal polymer, 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 1207.1.1.
HH. Amend Section 2306.2 and delete 2306.2.6, 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 through 2306.2.5
II. Amend Section 2306.2.3 (3) to read as follows:
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).
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JJ. 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 5704.2.8 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.
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).
KK. 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.
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
LL. Amend Section 3311.1 to read as follows:
Section 3311.1 Required access. Approved vehicle access for firefighting shall
be provided to within 100 feet of temporary or permanent fire department
connections all construction or demolition sites. Vehicle access shall be provided
by either temporary or permanent roads, capable of supporting vehicle loading
under all weather conditions to within 150 feet of all combustible building materials
or construction. Vehicle access roads shall be maintained until permanent fire
apparatus access roads are available.
MM. Amend Section 4901.1 to read as follows:
4901.1 Scope. This chapter contains minimum requirements to mitigate conditions
that might cause a fire originating in a structure to ignite vegetation in the Wildland -
Urban Interface Fire Area, and conversely, a wildfire burning in vegetative fuels to
transmit fire to buildings and threaten to destroy life, overwhelm fire suppression
capabilities or result in large property losses. In determining requirements for
properties located within the wildland-urban interface fire area, or as the entire City
is within the ember zone, the fire code official may be guided by the requirements
of the International Wildland-Urban Interface Code and National Fire Protection
Association Standards.
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NN. 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.
OO. Amend Section 4905.3 to read as follows:
4905.3 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.
PP. Amend Section 5601.1 and add exceptions 11 and 12 to read as follows:
5601.1 Scope. The provisions of this chapter shall govern the possession,
manufacture, storage, handling, sale and use of explosives, explosive materials,
fireworks, rockets, emergency signaling devices and small arms ammunition.
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. Through 10. To remain as written.
11. Use and handling of fireworks for display in accordance with Section
5601.1.3 exception (3) when authorized by the fire code official and in
full compliance with Title 19, Division I, Chapter 6.
12. 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.
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QQ. Add the following definition to Section 5702:
TANK, PROTECTED ABOVE GROUND. A tank listed in accordance with UL 2085
consisting of a primary tank provided with protection from physical damage and
fire-resistive protection from a high-intensity liquid pool fire exposure. The tank
may provide protection elements as a unit or may be an assembly of components,
or a combination thereof.
RR. Amend Section 5704.2.7 and Delete the Exception to Section 5704.2.7.5.8 to read
as follows:
5704.2.7 Design, fabrication and construction 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 5704.2.9.7.5 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 5704.2.9.7.5 shall be
provided to prevent the overfilling of Class IIIB liquid storage tanks connected to
fuel-burning equipment inside buildings
SS. Amend 5704.2.8.3 to read as follows:
5704.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall
not be 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.
TT. Add Section 5704.2.8.11.1 to read as follows:
5704.2.8.11.1 Monitoring and detection. Activation of vapor detection systems
shall also shut off dispenser pumps. Monitoring and detection systems shall be
inspected and tested annually.
UU. Amend Sections 5704.2.9 to read as follows:
5704.2.9 Above-ground tanks outside of buildings. Above-ground storage of
flammable and combustible liquids in tanks outside of buildings shall comply with
Section 5704.2 and Sections 5704.2.9.1 through 5704.2.9.7.9 and Section
2306.2.3, condition 3 as amended by this chapter.
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VV. Amend Section 5704.2.13.1.4 to read as follows with items 1 through 6 to remain:
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 produ ct, 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:
WW. 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.
XX. 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.
YY. Amend Section 6104.2 to read as follows:
6104.2 Maximum capacity within established limits. The installation of any
liquid petroleum gas (LPG) tank over 500 gallons (1892 L) water capacity is
prohibited unless approved by the fire code official. In residential occupancies,
LPG containers are limited to 5 gallons (19 L) for use in outdoor applian ces.
ZZ. Amend Appendix Section B105.1 and the title of Table B105.1 (1) to read as
follows:
B105.1One- and two-family dwellings. The minimum fire-flow and flow duration
for one- and two-family dwellings shall be as specified in Tables B105.1 (1) and
B105.1 (2).
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Table B105.1(1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS
The remainder of the table is unchanged.
AAA. 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 (2).
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(2).
BBB. Amend Appendix Section D103.1 and Add Exception to Figure 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.
CCC. 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”.
DDD. Amend Appendix Section D103.6 through D103.6.2 to read as follows:
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D103.6 Signs. Where required by the fire code official, fire apparatus roads shall
be marked with permanent NO PARKING--FIRE LANE signs per 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.
EEE. 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.
FFF. 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 m 2) 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.
GGG. Amend Appendix Section D105.2 by adding an exception to read as follows:
D105.2 Width. Aerial fire apparatus access 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.
HHH. 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 access roads.
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III. Delete Appendix Section D106.2.
JJJ. Amend Appendix Section D107.1 and delete Exception 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 accessed from 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 15.04.100 AMENDMENTS; EXISTING BUILDING STANDARDS
A. Amend Section A101.1 to read as follows:
[BS] A101.1 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 retrofitted buildings.
B. Amend Appendix Section A102.1 and add exceptions to read as follows:
[BS] 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 A102.1.
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.
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C. Add the following definitions to Section A103:
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:
[BS] 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 st eel 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 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 within 24 months of receiving written notice from th e
building official.
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
strengthen the building to Level B requirements within 3 months of receiving
written notification from the building official. The building permit shall be
obtained within 6 months of receiving written notification from the building
official and shall remain valid until required Level B strengthening work is
completed per Section A115.1.1.
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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
30 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 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 Sect ion 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.
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A115.4 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 classifie d within the
scope of this chapter.
A115.5 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.
A115.6 Program monitoring and annual report. If any unreinforced mason
buildings are discovered, 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;
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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.
A115.7 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.
F. Add Appendix E to read as follows:
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Appendix E
DEMOLITION AND MOVING
OF BUILDINGS
SECTION E101
GENERAL
E101.1 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.
E101.2 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.
E101.3 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 E102
DEFINITIONS
Section E102 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.
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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 t he
piers and piles.
SECTION E103
PERMIT REQUIREMENTS
E103.1 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.
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E103.2 Moving and Relocation of Buildings.
E103.2.1 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.
E103.2.2 Transportation and building permits required. For moving
projects, a transportation permit shall be obtaine d 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.
E103.3 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 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.
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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.
E103.4 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 movin g 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.
E103.5 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 corp oration
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.
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E103.6 Damage to public property. As a condition of obtaining a permit to
demolish 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.
E103.7 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.
E103.8 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 sha ll 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 E104
PUBLIC SAFETY REQUIREMENTS
E104.1 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.
E104.2 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 tem porary
encroachment permits approved by the public works director.
SECTION E105
REMOVAL OF MATERIALS
E105.1 General. All building rubble and debris shall be removed from the
demolition site to an approved point of disposal.
E105.2 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.
E105.3 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 15.04.110 AMENDMENTS; GREEN BUILDING STANDARDS
(RESERVED).
SECTION 15.04.120 AMENDMENTS; REFERENCED STANDARDS (RESERVED).
SECTION 15.04.130 AMENDMENTS; PROPERTY MAINTENANCE STANDARDS.
A. All references to "International" codes shall be replaced with "California" codes.
B. Amend Chapter 1, Part 1, Section 101.1 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.”
C. Amend Chapter 1, Part 1, Section 102.3 to read as follows:
102.3. Application to other Codes. Nothing in this Code shall be construed to
cancel, modify, or set aside any provision of the California Code of Regulations,
Title 24 as amended and adopted by the City of San Luis Obispo.
D. Amend Chapter 1, Part 2, 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. The function of the agency shall be the implementation, administration and
enforcement of the provisions of this code.
E. Add Chapter 1, Part 2, Section 111.2.2 is added to read as follows:
111.2.2 Closed structures method and term. Structures ordered to be closed,
shall be closed in accordance with Appendix A of this code.
F. Amend Chapter 1, Part 2, Section 111.4 and Delete Sections 111.4.1 & 111.4.2 to
read as follows:
111.4 Notice. Whenever the code official determines that there has been a
violation of this code or has grounds to believe that a violation has occurred, notice
shall be given in the manner prescribed in San Luis Obispo Municipal Code
Sections 1.24.050 (F) & (G) to the owner or the owner’s authorized agent, for the
violation as specified in this code. Notices for condemnation procedures shall
comply with this section.
G. Amend Chapter 1, Part 2, Section 111.7 to read as follows:
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111.7 Posting and placarding. Whenever a property, structure or piece of
regulated equipment is found to be unsafe, unfit for occupancy, and/or dangerous,
the Code Official shall post a placard stating such, and the penalties for removal
of the placard without prior City approval. The placard sh all be placed at a
conspicuous location on the property, each entrance to the structure, or on the
equipment.
H. Amend Chapter 2, Section 201.3 to read as follows:
201.3 Terms defined in other codes. Where terms are not defined in
this code and are defined in the California Building Standards Code and
referenced standards, such terms shall have the meanings ascribed to them as
stated in those codes.
I. Amend Chapter 2, Section 202 definition of CODE OFFICIAL to read as follows:
CODE OFFICIAL. The Building Official and/or designee charged with the
administration and enforcement of this code, or any duly authorized
representative.
J. Amend Chapter 3, Section 302.1 to read as follows:
302.1 Sanitation. The property owner or authorized agent shall maintain
the property exterior and premises in a clean, safe and sanitary condition. Such
owner or authorized agent shall remain liable for violations thereof regardless of
any contract or agreement with any th ird party regarding such property. The
occupant may also be held jointly and severally liable for causing or contributing
violations of this section.
K. Amend Chapter 3, Section 302.3 to read as follows:
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking
spaces and similar areas shall be kept in proper state of repair and maintained free
from hazardous conditions.
The owner or owner's authorized agent of any building, lot or premises within the
city shall maintain the sidewalks and/or walkways located upon such premises that
are accessible to the general public and the public sidewalks between such
premises and any adjacent public street or alley in a clean, safe sanitary, and in a
proper state of repair, free from hazardous conditions. Maintenance shall include
the removal and proper disposal of any unsightly or unsanitary conditions such as
accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky
substances or items, which have been dropped or spilled upon the sidewalks.
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L. Amend Chapter 3, Section 302.4 to read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from
weeds or plant growth in excess of 12 inches. Noxious weeds shall be prohibited.
Weeds shall be defined as all grasses, annual plants and vegetation, other than
trees or shrubs provided; however, this term shall not include cultivated flowers
and gardens
M. Amend Chapter 3, Section 303.2 to read as follows:
303.2 Enclosures. Pool enclosures shall be in accordance with the States
Swimming Pool Safety Act found in the State Health and Safety Code Sections
115920—115929.
N. Amend Chapter 3, Section 304.14 to read as follows:
304.14 Insect screens. Every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service areas or
any areas where products to be included or utilized in food for human consumption
are processed, manufactured, packaged or stored shall be supplied with approved
tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25mm), and
every screen door used for insect control shall have a self-closing device in good
working condition.
Exception: Screens shall not be required where other approved means, such as
air curtains, are provided
O. Amend Chapter 3, Section 307.1 to read as follows:
307.1 General. Handrails and Guardrails shall be maintained in their most recently
approved (by permit) state.
P. Amend Chapter 3, Section 309.1 and delete Sections 309.2 through 309.5 to read
as follows:
309.1 Infestation. The property owner or authorized agent shall maintain all
structures and premises on the property free from insect, rodent and vermin
infestation. Upon visual confirmation of an insect, rodent or vermin infestation,
the Code Official may require the owner or agent having charge or control of the
building, lot or premise to hire a licensed pest control operator or other qualified
professional to inspect the building, lot or premise and provide a written report
verifying the presence and severity of such infestation including in the report, a
recommendation for proper extermination of the infestation. Infestation may also
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be verified without a visual inspection upon receiving a recent written report from
a qualified pest control operator verifying the presence of an infestation. All
structures in which insect, rodent or vermin infestations are found shall be promptly
exterminated by approved processes that will not be injurious to human health.
After the extermination of the infestation is complete, the Code Official may
request a written notice from the licensed exterminator or other qualified
professional attesting to the completion and success of the recommended
extermination procedures. After the infestation is eliminated, proper precautions
shall be taken to prevent re-infestation. Tenants that contribute to pest related
health or sanitation nuisances may also be subject to the penalties found in Section
109.4 of this code.
Q. Amend Chapter 6, Section 602.2 to read as follows:
602.2 Residential occupancies. Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable
rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5. Cooking
appliances shall not be used, nor shall portable unvented fuel -burning space
heaters be used, as a means to provide required heating.
R. Amend Chapter 6, Section 602.3 to read as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases
or lets one or more dwelling units or sleeping units on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat to maintain a
minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet
rooms.
S. Amend Chapter 6, Section 602.4 to read as follows:
602.4 Occupiable workspaces. Indoor occupiable workspaces shall be supplied
with heat to maintain a minimum temperature of 65°F (18°C) during the period the
spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special
temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activity.
SECTION 15.04.140 AMENDMENTS; HEALTH AND SAFETY STANDARDS.
SECTION 15.04.150 PERMITS REQUIRED FOR WELL CONSTRUCTION
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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.
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.
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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
New Times, 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,
2023. 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 1st day of November 2022, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 15th day of November 2022, on the
following vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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