HomeMy WebLinkAboutItem 10 - Introduce Ordinance to Adopt 2019 Building & Fire Codes
Department Name: CDD/Fire
Cost Center: 4006/8305
For Agenda of: October 22, 2019
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Michael Codron, Community Development Director
Keith Aggson, Fire Chief
Prepared By: Mark Sadowski, Building & Safety Supervisor
Rodger Maggio, Fire Marshal
SUBJECT: INTRODUCE AN ORDINANCE TO ADOPT BY REFERENCE THE 2019
CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL
AMENDMENTS
RECOMMENDATION
Introduce an ordinance amending Chapters 15.02 and 15.04 of the Municipal Code adopting by
reference the 2019 editions of the codes listed below:
• California Building • Residential
• Electrical • Plumbing
• Mechanical • Existing Building
• Historical Building • Green Building
• Energy • Fire Codes
• The 1997 edition of the Uniform Housing Building Code
• The 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings
• The 2018 edition of the International Property Maintenance Code, with amendments.
REPORT-IN-BRIEF
The State of California, under various statutes and titles, requires local governments to adopt and
enforce the California Building Standards Code. These codes comprise the Building and Fire
regulations applicable to all local jurisdictions throughout the State. The State adopts the latest
editions of model codes, with State amendments, on a triennial basis.
On July 1, 2019, the State published the updated 2019 California Building Standards Code,
which will become effective on January 1, 2020. The 2019 California Building Standards Code
includes updated editions of the CA Building Code, CA Residential Code, CA Electrical Code,
CA Plumbing Code, CA Mechanical Code, CA Energy Code, CA Existing Building Code, CA
Historical Building Code, CA Green Building Standards Code, CA Referenced Standards Code,
and CA Fire Code.
Local jurisdictions are allowed to make amendments to the State codes that are more restrictive
based on specified local conditions. Amendments must be supported and justified by findings
based on local climatic, geological or topographical conditions. The proposed ordinance adopts
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the state codes, readopts existing local amendments and proposes a few new amendments. These
new amendments include 1) amending the provisions in the administrative chapter for
applicability to the use of shipping containers, 2) clarifying language regarding fencing materials
exempt from permit, 3) prohibition of open burning, cooking, or warming fires on publicly
owned lands to address illegal camp fires, and 4) limiting propane use to 5 gallon containers for
outdoor residential use. There is also minor clean up in the ordinance for current standard code
language and reference to applicable code sections.
The adoption of these codes as part of the City’s Municipal Code provides for local enforcement
and administration. In addition, the City once again adopts the 1997 editions of the Uniform
Housing Code and the Uniform Code for the Abatement of Dangerous Buildings and the 201 8
edition of the International Property Maintenance Code, with amendments.
DISCUSSION
Background
Pursuant to the CA Health & Safety Code 17922 and 18938 the CA Building Standards
Commission published the 2019 CA Building Standards Code, which will become effective
throughout the State on January 1, 2020. These codes are comprised of model codes published
by various model code organizations, such as the National Fire Protection Association (NFPA),
the International Code Council (ICC), and the International Association of Plumbing and
Mechanical Officials (IAPMO). The California Building Standards Code (CCR, Title 24) also
includes numerous amendments to the model codes adopted by various State agencies. Pursuant
to Health and Safety Code Section 18938, these building standards are applicable to all
occupancies throughout the State and the City is required to enforce these building and fire
codes. The California Building Standards Commission has set January 1, 2020 as the effective
date of the new codes.
The California Health and Safety Code, Section 17958 provides that local jurisdictions may
make amendments or modifications to the building standards contained in Title 24 based on
express findings that such modifications are reasonably necessary because of local climatic,
geological, or topographical conditions. While findings are required for amendments to building
standards, as defined by law, no findings are necessary for amendments to the administrative
provisions contained in the codes. Section 3 of the proposed ordinance (Attachment A) provides
findings for the amendments found in Sections 4 and 5. These findings provide clarification as to
the necessity of the amendments. As in the past, the Department’s philosophy has been to keep
such amendments to a minimum in keeping with the spirit and intent of the law, which is to
provide uniform construction standards throughout the State and thus create predictability and
continuity from jurisdiction to jurisdiction.
Most of the amendments are substantially the same as those previously adopted and currently
contained in the Municipal Code. Each existing amendment must be readopted with each
triennial edition of the CA Building Standards Code to remain valid. In addition, a few new code
changes are proposed to clarify policies or address certain problems. A “markup” version of the
ordinance indicating any changes to existing amendments, any new amendments, and providing
explanatory commentary is provided in Attachment B.
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Technical Summary
The proposed ordinance first repeals existing Chapters 15.02 and 15.04 of the Municipal Code
and then replaces them with new chapters. Chapter 15.02 adopts each part of the 2019 CA
Building Standards Code by reference to include the CA Building Code, CA Residential Code,
CA Electrical Code, CA Plumbing Code, CA Mechanical Code, CA Energy Code, CA Existing
Building Code, CA Historical Building Code, CA Green Building Standards Code, CA Fire
Code, and the Uniform Housing Code. It also adopts the Uniform Code for the Abatement of
Dangerous Buildings and the International Property Maintenance Code which provide minimum
maintenance provisions for existing buildings. A new Chapter 15.04 is provided which re-adopts
the City’s existing amendments and some new amendments proposed by staff. The required
findings of local necessity based on local climatic, geological, or topographically conditions are
included in Section 3.
Past code adoptions by the City of San Luis Obispo have included administrative and technical
amendments to the construction and fire prevention codes to address special situations or
conditions unique to our city. Staff has determined that the many amendments previously
adopted have not become part of the new edition of the codes through the code change process of
the model code organization or by State of California amendments. Since there have been no
changes in special "climatic, geologic, or topographic" conditions in San Luis Obispo related to
the code amendments and their findings, staff recommends that previous amendments be carried
over or re-adopted to the new codes. There are new amendments that facilitate the administration
of the codes that address specific problems. The “markup” version of the ordinance provides
brief summaries and commentary on all new proposed code amendments in this adoption cycle.
Amendments retained from previous code adoptions with no changes:
CONSTRUCTION CODES
Administrative:
1. Clarification of the application of the building code to airspace subdivisions.
2. Clarification of the time limit and expiration of a permit application.
3. Plan review and special investigation fees and time of payment.
4. Requirement for underground utility services.
5. Requirement to screen solid waste containers.
6. Clarification of membership and function of the Board of Appeals.
7. Clarification of the relationship between the IPMC and the California building plumbing,
mechanical, electrical, and fire codes.
8. Clarification that accessory structures are to be regulated by the CA Building Code if
over two stories or 3000 sq. ft.
9. Enabling language to implement fees in the future for special permits and/or approvals
that currently have no cost recovery in anticipation of the comprehensive fee study
update that will evaluate the cost associated with the work effort.
10. Clarification of the work exempt from permit for minor accessory structures to limit the
exemption to single family residential property and limitation of the height to conform to
the applicable zoning regulations.
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11. Amended section to address abandoned applications after new building codes are
adopted.
12. Amended section to address specific criteria to declare a permit abandoned and limits on
permits abandoned after new building codes are adopted.
13. Amended section to revise time limitation on building permits for correction of code
violations.
14. Clarification of requirement to post orange job card visible from the street.
15. Administrative regulations for unreinforced masonry building mitigation program.
16. Demolition and moving regulations.
17. Clarification and coordination with the Fire Code of the definition of Boarding House.
18. Additional safety requirements for swimming pools.
Fire Safety:
19. Special fire-resistive construction in the Commercial Fire Zone.
20. Requirement for new buildings to be equipped with an automatic fire sprinkler system.
21. Minor modification to fire sprinkler standards to allow flexibility in applying sprinkler
coverage in sensitive electrical equipment areas.
22. Additional requirements for alarm monitoring.
23. Requirement for fire sprinkler activation alarm.
24. Requirement for additional zones in fire sprinkler system for maintenance.
25. Requirement for a standpipe system in a parking structure.
26. Clarification of the relative hazard between different occupancies where there is a change
of occupancy in an existing building.
27. Prohibition of wood shake and wood shingle roof coverings.
28. Minimum fire safety construction provisions for residential construction per Ch. 7A.
Utilities & Local Conditions:
29. Control and drainage of surface water around a new building.
30. Clarification that residential foundations are to be designed per the CBC as amended.
31. Depth of footings below grade.
32. Requirements for concrete on-grade concrete slabs.
33. Construction standards in the floodplain per Municipal Code Section 17.84.
34. Additional administrative provisions for grading and hillside grading limitations.
35. Requirement for installation of a building sewer.
36. Requirement for location of electrical service disconnect.
37. Requirements for well construction.
38. Inclusion of the Rainwater Harvesting Regulations.
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FIRE CODE
1. Clarification of membership of the Board of Appeals.
2. Prohibition of open burning.
3. Additional requirements for alarm monitoring.
4. Additional limitations or revised requirements for fire apparatus access roads.
5. Authority to remove obstructions blocking fire department access.
6. Authority to require additional safeguards if a building is beyond the 4-minute response
time.
7. Fire sprinkler requirements for existing buildings in the Commercial Fire Zone.
8. Prohibition on the sale or use of fireworks.
9. Requirements for safer construction in the City’s Wildland –Urban Interface Area.
Amendments retained from previous code adoption with minor modification:
CONSTRUCTION CODE
1. Coordination between the flood related construction provisions and other city standards.
New amendments with this adoption:
CONSTRUCTION CODES
1. Amended administrative section to include applicability for the use of shipping
containers.
2. Added language to administrative section clarifying fence materials exempt from permit
requirements.
FIRE CODE
1. Prohibition of open burning, cooking, or warming fires in publicly owned lands to
address illegal campfires.
2. Limiting propane use to 5-gallon containers for outdoor residential use.
PREVIOUS COUNCIL OR ADVISORY BODY ACTION
As discussed previously in this report, the Building Code is updated every three years and the
proposed local adoptions are mostly in line with amendments that the City Council has
previously reviewed and approved for implementation.
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POLICY CONTEXT
Updated Building Codes ensure the safety of the built environment. This is mandated by State
law and adoption and implementation of the codes is supported by goals and policies in the
City’s Housing Element and Safety Element.
PUBLIC ENGAGEMENT
Public engagement has been conducted and will be ongoing throughout implementation and
beyond for the updated codes that become effective January 1, 2020. The 2020 code update
includes new energy efficiency requirements, including a solar panel requirement for all new
single-family homes. As a result, staff has done more outreach than normal to ensure that design
professionals and property owners are aware of and prepared for the shift. Engagement
opportunities have included presentations to the Developers Roundtable, American Institute of
Architects, Central Coast Chapter, and our local contractors.
CONCURRENCES
The Public Works Department concurs with amended flood proofing and grading provisions.
The Community Development and Fire Departments jointly prepared and support the proposed
ordinance.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per CEQA Guidelines under the General Rule
(Section 15061(b)(3)). The project involves updates and revisions to existing regulations. The
proposed code amendments are consistent with California Law, specifically the CA Health &
Safety Code Sections 17958.7 and 18941.5. It can be noted with certainty that the proposed
Municipal Code text amendments will have no significant effect on the environment.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019-20
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $ 12,000.00 $ N/A $8,534.00 $ N/A
State
Federal
Fees
Other:
Total $12,000.00 $ N/A $8,534.00 $ N/A
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There are no significant fiscal impacts. The adoption of local amendments does not increase the
cost of enforcing the regulations mandated by the State. In preparation for the implementation of
the updated building codes, the budget for 2019-20 was augmented to accommodate the purchase
of new code books for the office. This is a minor, budgeted expense that reoccurs every three
years.
ALTERNATIVES
The Council may elect to adopt the CA Building Standards Code without some or all of the
proposed local amendments.
Attachments:
a - Draft Ordinance
b - Draft Ordinance with Comments and Markup
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O _____
ORDINANCE NO. _____ (2019 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
EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODES AND
ADOPTING FINDINGS OF FACT TO SUPPORT THE AMENDMENTS
WHEREAS, the State of California adopts and updates the California Building Standards
Code on a triennial basis, which constitutes the building and fire code regulations applicable to all
occupancies throughout the State, and
WHEREAS, the State has published the 2019 Edition of the California Building Standards
Code, comprised of various model codes and State amendments, which will become effective on
January 1, 2020, and
WHEREAS, pursuant to the California Health and Safety Code, Section 17958.5, local
jurisdictions are permitted to amend the California Building Standards Code as reasonably
necessary based on local climatic, geological or topographical conditions, provided such
amendments are not less restrictive than the requirements found in the State codes, and
WHEREAS, the California Health and Safety Code, Sections 17958.7 and 18941.5,
requires the City Council to make express findings that each such amendments are reasonably
necessary; and
WHEREAS, such findings must be made available as a public record and a copy thereof,
with each such amendment, shall be filed with the California Building Standards Commission
and/or the Department of Housing and Community Development, and
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo
to provide citizens with the greatest degree of fire, life and structural safety in buildings in the
most cost effective manner by adopting that body of regulations referred to as the California
Building Standards Code with amendments specific to the City of San Luis Obispo;
NOW, THEREFORE BE IT ORDAINED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The project is exempt from environmental
review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves
updates and revisions to existing regulations. The proposed code amendments are consistent with
California Law, specifically the CA Health & Safety Code Sections 17958.7 and 18941.5. It can
be seen with certainty that the proposed Municipal Code text amendments will have no significant
effect on the environment.
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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), and Ordinance 1630 (2016 Series), are hereby re-affirmed,
but are otherwise hereby superseded by this ordinance to the extent inconsistent herewith.
SECTION 3. The provisions of the State Building Standards Code are hereby modified,
changed and amended, as provided for in this ordinance, based upon the foregoing findings and
those set forth herein and that said Council takes said action because of the public interest in
protecting life and preserving public safety and property. The City Council hereby determines that
Sections 101.2, 105.2, 602.1, 705.11 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2,
1030.1(2), 1506.3, 1804.3, 1804.4, 1809.7, Table 1809.7, 1907, 3109, G102.2, G501.1, G1001.3,
G1001.6, J101.1, J102, J103.1-J103.2, J104.2, J110.1 of the 2019 California Building Code,
Section R310.1, R313.3.3., R322.1, R337.1.2, R403 and R404 of the 2019 California Residential
Code, Section 314.4 and 715.2 of the 2019 California Plumbing Code, Article 230.70 (A)(1) of
the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code are required to be modified due to the findings contained
herein to be more restrictive requirements than those set forth in the California State Building
Standards;
SECTION 4 - Findings. The City Council finds that each of the changes or modifications
to measures referred to therein are reasonably necessary because of local climatic, geological, or
topographical conditions in the area encompassed by the boundaries of the City of San Luis
Obispo, and the City Council further finds that the following findings support the local necessity
for the changes or modifications:
FINDING 1
That the City of San Luis Obispo is situated at the base of a watershed of the Santa Lucia Mountains
and that flooding of San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks results in
conditions rendering fire department vehicular traffic unduly burdensome or impossible as
witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995.
Furthermore, flood conditions described above create the potential for overcoming the ability of
the fire department to aid or assist in fire control, evacuations, rescues and other emergency task
demands inherent in such situations. The resulting overburdening of fire department personnel
may cause a substantial or total lack of protection against fire for the buildings and structures
located in the City of San Luis Obispo. The afore-described conditions support the imposition of
fire protection requirements greater than those set forth in the California State Building Standards
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Code and, in particular, support the imposition of more restrictive requirements than set forth in
Sections 101.2, 602.1, 705.11, 903.2, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6,
910.3.2, 1506.3, G102.2, G501.1, G1001.3, G1001.6, and of the 2019 California Building Code,
Sections R313.3.3 R322.1 and R337.1.2 of the 2019 California Residential Code, Article 230.70
(A)(1) of the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 2
The flood and rain events result in conditions wherein stormwater can inundate the wastewater
treatment system as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978,
1982, and 1995. Furthermore, rain events and flood conditions described above create a condition
referred to as Inflow and Infiltration (I/I) that allow rain and flood waters to flow and/or seep into
the wastewater system and overcome the ability of the wastewater collection system and Water
Reclamation Facility (WRF) to convey and treat sewage. The resulting overburdening of the
wastewater system can result in threats to public health, public and private property and water
quality and result in violations and fines from the State of California, the Environmental Protection
Agency (EPA) or others. The afore-described conditions support the imposition of code
requirements more restrictive than those set forth in Section 715.2 of the 2019 California Plumbing
Code.
FINDING 3
That the City of San Luis Obispo is situated near three major faults each capable of generating
earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the
Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east,
and the Hosgri to the West. Other faults of importance are the Huasna and West Huasna to the
Southeast of the City, the San Simeon to the Northwest, and the Edna and Edna Extended faults
which enter the southern areas of the City. In as much as these faults are included as major
California earthquake faults, which are subject to becoming active at any time, the City of San
Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The
potential effects include isolating the City of San Luis Obispo from the North and South due to the
potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades
and the potential for horizontal or vertical movement of the Edna fault rendering surface travel
across the southern extremities of the city unduly burdensome or impossible. Additional potential
situations inherent in such an occurrence include loss of the City's two main water sources (the
Salinas and Whale Rock reservoirs), broken natural-gas mains causing structure and other fires,
leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering
of first aid and other medical attention to large numbers of people. The protection of human life
and the preservation of property in the event of such an occurrence support the imposition of fire
protection requirements greater than those set forth in the California State Building Standards Code
and in particular support the imposition of more restrictive requirements than set forth in Sections
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101.2, 105.2, 602.1, 705.11, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, and 1506.3
of the 2019 California Building Code, Section R313.3.3 and R337.1.2 of the 2019 California
Residential Code, Article 230.70 (A)(1) of the 2019 California Electrical Code, and 302.1, 307.1.1,
307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5,
503.6, 507.2, 507.5.4.1, 507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21,
903.2.22, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.1 and D107.1 of the 2019 California Fire Code.
FINDING 4
That the central commercial area in the City of San Luis Obispo consists of mixed conditions that
create the potential for possible conflagration, including congested streets during the business day,
numerous older buildings without adequate internal fire-resistivity, and contemporary low-rise
buildings. Significant spread of fire in said area will actually exceed the fire suppression
capabilities of regional firefighting personnel. The continued development of the San Luis Obispo
commercial area and the current and potential development of high---rise buildings pose a
substantial threat of fire to human life, public safety, and the preservation of property and support
the imposition of fire protection requirements greater than those set forth in the California State
Building Standards Code, and in particular, support the imposition of more restrictive requirements
than set forth in Sections 602.1, 705.11, 903.2, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1,
907.6.6, 910.3.2.1, 1030.1(2), and 1506.3 of the 2019California Building Code, Section R310.1,
R313.3.3 R322.1 and R337.1.2 of the 2019 California Residential Code, Article 230.70 (A)(1) of
the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 5
That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 1) traversing in an east/west direction. The City
is also transected by a mainline railroad in the north/south direction. It is a frequent occurrence for
the aforementioned highways and railway to support the transportation of hazardous materials.
The potential for release or threatened release of a hazardous material along one of these routes is
highly probable given the volume of material transported daily. Incidents of this nature will
normally require all available emergency response personnel to prevent injury and loss of life, and
to prevent as far as practicable, property losses. Emergency personnel responding to said incidents
may be unduly impeded and delayed in accomplishing an emergency response as a result of this
situation, with the potential result of undue and unnecessary risk to the protection of life and public
safety, particularly in those buildings or structures without the protection of automatic fire
sprinklers. The above-described- problems support the imposition of fire protection requirements
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greater than those set forth in the California State Building Standards Code, and in particular
support the imposition of more restrictive requirements than set forth in Sections 602.1, 705.11,
903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, and 1506.3 of the 2019 California
Building Code, Section R313.3.3 and R337.1.2 of the 2019 California Residential Code, Article
230.70 (A)(1) of the 2019 California Electrical Code, and 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 6
That seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of San Luis Obispo. The
hot, dry weather in combination with Santa Lucia (offshore) winds frequently results in wildland
fires in the brush-covered slopes on the Santa Lucia Mountains, San Luis Mountain, and the Irish
Hills areas of the City of San Luis Obispo. The aforementioned areas completely surround the
City. When a fire occurs in said areas, such as occurred in 1985 when the Los Pilitas fire burned
six days and entered the City and damaged many structures, the entirety of local fire department
personnel is required to control, monitor, fight and protect against such fire situations in an effort
to protect life and preserve property and watershed land. The same climatic conditions may result
in the concurrent occurrence of one or more fires in the more populated areas of the City without
adequate fire department personnel to protect against and control such a situation. Therefore, the
above---described findings support the imposition of fire-protection requirements greater than
those set forth in the California State Building Standards Code, and in particular support the
imposition of more restrictive requirements than set forth in Sections 602.1, 705.11, 903.2,
903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, 1030.1(2), and 1506.3.1 of the 2019 California
Building Code, Section 310.1, 313.3.3 and R337.1.2 of the 2019 California Residential Code,
Article 230.70 (A)(1) of the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2,
307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6,
507.2, 507.5.4.1, 507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21,
903.2.22, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.1 and D107.1 of the 2019 California Fire Code.
FINDING 7
That for the most part, the soils in the City of San Luis Obispo are medium to highly expansive in
nature, and such soils may cause damage to foundations, structures and underground utilities if not
properly mitigated through known construction techniques. Furthermore, a significant part of the
City lies on hills and rolling topography subject to earth slides and movements and present
problems to developments constructed in such areas due to surface water drainage and disposal.
The above-described conditions support the imposition of requirements more restrictive than those
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set forth in the California State Building Standards Code and, in particular, support the imposition
of greater requirements than those set forth in Sections 105.2, 1804.3, 1809.7, Table 1809.7, 1907,
3109, and Appendix Sections J101 J102, J103.1-J103.2, J104.2, J110.1 of the 2019 California
Building Code, Section R403 and R404 of the 2019 California Residential Code and Section 314.4
and 715.2 of the 2019 California Plumbing Code.
FINDING 8
In regards to the adoption of the Uniform Housing Code, the Uniform Code for the Abatement of
Dangerous Buildings, the International Property Maintenance Code, and Chapter 1.24 of this code,
it is hereby determined and found that the alternate abatement procedures and requirements
contained in these codes are equivalent to those provided by the State Housing Law (CCR, Title
25). These codes provide minimum fire, life safety, and sanitary standards and administrative
procedures for the maintenance of existing buildings.
FINDING 9
In regard to the amendments to California Building Code Sections 103.1, 104.10.2, 104.12,,
105.3.2, 105.3.3, 105.5, 105.7, 109.4, 109.4.1, 112.4, 112.5, 113, 116.1, 202, California
Residential Code Section R109.1.2, California Mechanical Code Chapter I Division II and Table
104.5, California Plumbing Code Chapter I Division II and Table 104.5 and IPMC Section 101.1,
these provisions are administrative in nature and do not constitute “building standards” as defined
by law, and therefore a finding of local necessity is not required.
SECTION 5. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby amended
in its entirety to read as follows:
SECTION 15.02.010 ADOPTION OF CODES
Fourteen documents, three (3) each of which are on file in City offices, identified by the Seal of
the City of San Luis Obispo, marked and designated as the California Code of Regulations, Title
24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 also known as the California Building Standards
Code to include the 2019 editions of the California Building Code (Part 2, Volumes 1 and 2), the
California Residential Code (Part 2.5), and the California Fire Code (Part 9) published by the
International Code Council, the 2019 edition of the California Electrical Code (Part 3) published
by the National Fire Protection Association, the 2019 editions of the California Mechanical Code
(Part 4) and the California Plumbing Code (Part 5) published by the International Association of
Plumbing and Mechanical Officials, the 2019 edition of the California Energy Code (Part 6), the
California Green Building Standards Code (Part 11), the California Historical Building Code (Part
8), the California Existing Building Code (Part 10), the 2019 California Referenced Standards
Code (Part 12), the 2018 edition of International Property Maintenance Code (IPMC) published
by the International Code Council, and the 1997 editions of the Uniform Housing Code and the
Uniform Code for the Abatement of Dangerous Buildings published by the International
Conference of Building Officials are hereby adopted including chapters, sections and appendices
not adopted by agencies of the State of California. Furthermore, only the chapters, sections and
appendices of the 2019 California Residential Code and the 2019 California Green Building
Standards Code adopted by the State of California are hereby adopted. These regulations
collectively will be known as the Building Construction and Fire Prevention Regulations of the
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City of San Luis Obispo. The provisions of such are hereby referred to, adopted, and made a part
hereof as if fully set out in this Chapter except as modified hereinafter.
SECTION 15.02.020 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 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.
SECTION 6. Chapter 15.04 of the San Luis Obispo Municipal Code is hereby amended
in its entirety to read as follows:
SECTION 15.04 CONSTRUCTION AND FIRE PREVENTION REGULATIONS
SECTION 15.04.010 BUILDING OFFICIAL AND FIRE CODE OFFICIAL DESIGNATED
The Chief Building Official is hereby designated as the building official and code official for the
City of San Luis Obispo. The Fire Chief is hereby designated as the fire code official for the City
of San Luis Obispo. Where the “authority having jurisdiction” is used in the adopted codes, it shall
mean the building official or fire code official, as applicable.
SECTION 15.04.020 AMENDMENTS; CALIFORNIA BUILDING CODE
A. Delete Appendixes A, B, D, E, H, K and M.
B. Amend Chapter 1, Division II, Section 101.2 to read as follows:
101.2 Scope. The provisions of this code shall apply to the construction, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structure, including pre-
manufactured shipping containers, or any appurtenances connected to or attached to such
buildings or structures.
Exception: The provisions of the California Residential Code for One- and Two-family
Dwellings shall apply to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, and location of detached one- and two-family
dwellings and townhouses not more than three stories above grade plane in height with a
separate means of egress and their accessory structures not more than two stories above
grade plane in height and 3000 sq. ft. in area.
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C. 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.
D. Add Chapter 1, Division II, Section 104.10.2 to read as follows
104.10.2 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.
E. Add Chapter 1, Division II, Section 104.12 to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to
apply the building ordinances of the City of San Luis Obispo and those building
regulations mandated by State law to be enforced by the local agency to buildings and
structures containing one or more airspace lots as defined in this code so as to treat the
entirety of such buildings or structures as if they were on or within a single lot,
provided:
1. That such buildings or structures or portions thereof would otherwise conform
to such ordinances and regulations, but for the creation of such airspace lots;
and
2. That a covenant agreement, in a form designed to run with the land and
satisfactory to the Community Development Director, be recorded with the
Office of County Recorder and a copy filed with the Community Development
Department by the owners binding themselves and future owners and assigns
to keep, preserve and maintain all portions of such buildings or structures in
accordance with and pursuant to such building ordinances and regulations.
F. 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 m2). 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.
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
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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.
G. Amend Chapter 1, Division II, Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless
such application has been pursued in good faith or a permit has been issued; except that
the building official is authorized to grant one or more extensions of time for additional
periods not exceeding 180 days. The extension shall be requested in writing and
justifiable cause demonstrated. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee if
additional review by the City is necessary. 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.
H. Add Chapter 1, Division II, Section 105.3.3 to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Section 107.1,
a plan review fee shall be paid at the time of submitting the submittal documents for
plan review. Said plan review fee shall be in accordance with the schedule as
established by the applicable governing authority.
Separate plan review fees shall apply to permits for retaining walls and major drainage
structures in conjunction with grading. For excavation and fill on the same site, the
plan review fee for grading shall be based on the volume of ex cavation or fill,
whichever is greater.
The plan review fees specified in this section are separate fees from the permit fees
specified in Section 109.2 and are in addition to the permit fees.
Where submittal documents are incomplete or changed so as to require additional plan
review, or where the project involves deferred submittal items as defined in Section
107.3.4.1, an additional plan review fee may be charged at a rate established by the
applicable governing authority.
I. Amend Chapter 1, Division II, Section 105.5 to read as follows
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized on the site by such permit is suspended or abandoned for a period
of 180 days after the time the work is commenced. Work shall be deemed abandoned
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if an inspection required to be performed under the work authorized by the permit is
not approved within 180 days 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.
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.
J. 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.
K. 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.
L. 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.
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M. 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 certificate 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 inspections required to
verify compliance with the temporary occupancy shall be required to be paid in
advance at the current hourly inspection rate.
N. 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.
Exceptions:
1. A building located in residential or conservation/open space zone
established by the jurisdiction's zoning regulations, provided that there are
existing buildings on the property that are served by overhead connection
lines.
2. Replacement or relocation of electric service equipment served by existing
overhead wiring.
3. Where determined by the building official to be impractical or infeasible
within the standards and practices of the utility or other companies
providing such services.
Where the utility or other company's distribution system is underground, the service
lines shall terminate at a connection point designated by the utility company. Where
the utility or other company's distribution is overhead, the service lines shall terminate
as a pole riser on a pole designated by the utility company.
112.5 Storage of solid waste containers. All new Group R, Division 3
occupancies shall provide a space adequate in size to store and screen all solid waste
(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.
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O. Amend Chapter 1, Division II, Section 113 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official or fire code official relative
to the application and interpretations of the California Building Standards Code, the
Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings,
and the International Property Maintenance Code, there shall be and is hereby created
a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the
Local Accessibility Appeals Board referenced in the California Building Standards
Code. The building official or fire code official shall be an ex officio member and shall
act as secretary to said board but shall have no vote upon any matter before the board.
The Board of Appeals shall be appointed by the applicable governing authority and
shall hold office at its pleasure. The board shall adopt rules of procedure for conducting
its business.
113.2 Limitations on authority. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or an equally
good or better form or construction is proposed. The board shall have no authority to
waive requirements of this code. For appeals relating to accommodations for the
disabled, the authority of the board shall include the ability authorize reasonable
alternatives to disabled access requirements imposed by the California Building
Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members, five
of which who are qualified by experience and training to pass on matters pertaining to
building construction and building service equipment, hazards of fire, explosi ons,
hazardous conditions or fire protection systems and are not employees of the
jurisdiction. For matters subject to the appeal process referenced in H & S Code
19957.5 paragraph (b) regarding accommodations for persons with physical
disabilities, the board of appeals shall include two additional members who shall be
persons with disabilities as defined in the California Building Code.
113.4 Fees. A fee titled “Appeal of Building Official Decision” or “Handicapped
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
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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. Amend Section 202 by addition of the definitions for Boarding House, Airspace Lot
and Airspace Subdivision and Rainwater Harvesting System to read as follows:
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.
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.
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FIGURE 6-A – COMMERCIAL FIRE ZONE
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. Delete Sections 903.2 through 903.2.10.1. Add new Sections 903.2 and 903.2.1
through 903.2.10.1 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be
installed:
1. Throughout new buildings.
Exceptions:
1. Buildings containing Groups A, B, E, F, H-4, M, S, and U
occupancies where floor area is not more than 1000 square feet (92.9
m2), unless located in the commercial fire zone shown in Figure 6-
A.
2. Buildings of non-combustible construction located in the
commercial fire zone shown in Figure 6-A containing Groups A, B,
E, F, H-4, M, S, and U occupancies where floor area is not more
than 1000 square feet (92.9 m2).
3. Buildings located in the commercial fire zone shown in Figure 6-A
containing Groups A, B, E, F, H-4, M, S, and U occupancies where
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floor area is not more than 1000 square feet (92.9 m2) and the
building is entirely surrounded by yards or public ways not less than
20 feet (6096 mm) in width.
2. Throughout an existing building whenever alterations or additions result in an
increase of more than 1000 square feet (92.9 m2) of floor area, including
mezzanines or additional stories, or whenever the cost of alterations to an
existing building having a floor area of more than 1000 square feet (92.9m 2)
exceeds 50 percent of the replacement cost of the building as determined by the
building official. The cost of alteration and increase in floor area shall include
all corresponding data from permits issued to the building for the previous five
years.
Exception: Group R, Division 3 and Group U occupancies.
3. In additions to existing buildings equipped with an automatic fire sprinkler
system.
4. Throughout an existing building where there is an occupancy classification
change for floor area exceeding 1000 square feet (92.9m2). The provisions of
Section 3406.1 shall not eliminate the requirement for an automatic fire
sprinkler system.
Exceptions:
1. An attached Group U occupancy changed to a Group R, Division 3
occupancy, provided the building was constructed before July 7,
1990 and there is no increase in floor area.
2. Occupancy classification changes to Groups F, M, S, and U from
an equivalent category as defined in previous editions of this code.
5. In buildings where cellulose nitrate film or pyroxylin plastics are manufactured,
stored or handled.
For the purpose of requiring the automatic fire sprinkler systems specified in this
chapter, the floor area within the surrounding exterior walls together with the floor area
within the horizontal projection of the roof shall be considered as one building.
903.2.1 through 903.2.10 not used. Text continues with Section 903.2.11.
U. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section 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 except as provided in Section 903.3.1.1.1. Sprinkler system
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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.
1. Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the fire code official, provided such
rooms or areas are separated from the remainder of the building by fire barriers
consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-
resistance–rated floor/ceiling assemblies.
3. Generator and transformer rooms separated from the remainder of the building
by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance
rating of not less than 2 hours.
V. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall contact
and notify the police/fire dispatch center immediately on notification of an alarm and
prior to making contact with the protected premises.
W. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves shall
be provided at the point of connection to the riser on each floor in all buildings two or
more stories in height or in single-story buildings having a gross floor area of 10,000
square feet or more zoned into no more than 5,000 square- foot areas for the purpose
of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in buildings equipped with an
automatic fire extinguishing system installed in accordance with Section 903.3.1.3.
X. 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
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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.
Y. 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.
Z. 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.
AA. Delete Section 1030.1 Item 2, Exception 6
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. 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, natural waterways, or where the
discharge is designed in accordance with the Drainage Design Manual.
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DD. 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.
EE. 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.
FF. 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 through the floor slab.
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Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3, such as
garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet (6.5
m2) and carports attached to occupancies in Group R-3.
3. For buildings or other occupancies where migration of moisture through the
slab from below will not be detrimental to the intended occupancy of the
building.
4. For driveways, walks, patios and other flatwork which will not be enclosed
at a later date.
5. Where approved based on local site conditions.
1907.2 Minimum reinforcing. Minimum reinforcing for slabs on grade shall be No.
3 bars at 24 inches (609.6 mm) on center each way placed at midpoint of slab thickness.
Slab reinforcement shall extend to within 2 inches (50.8 mm) of the exterior edge of
slabs.
1907.3 Slab to foundation connection. Tie bar reinforcing between slabs on grade
and foundation stem walls shall be No. 3 bars at 24 inches (609.6 mm) on center, placed
in foundation walls and bent at least 24 inches (609.6 mm) into the slabs and tied to the
slab reinforcing.
Exception: Floating slabs justified by an engineered design.
1907.4 Moisture content. Moisture content for expansive soils shall be 100 percent
of optimum to a depth of 18 inches (609.6 mm) below slab bottoms and shall be
maintained until slabs are poured. Soils under slabs shall be tested for moisture content
and slabs shall be poured within 24 hours of obtaining the required moisture content.
The area under raised floors need not be premoistened.
1907.5 Penetrations. Openings in slabs on grade for bathtub piping and traps,
planters or other similar uses shall be sealed with concrete not less than 2 inches (50.8
mm) in thickness.
Exception: Plastic tub boxes may be used in lieu of concrete if properly sealed
around all edges and pipe penetrations.
GG. 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.
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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.
HH. Amend Appendix Section G102.2 to read as follows:
G102.2 Establishment of flood hazard areas. Flood hazard areas are established in
the current edition of the City of San Luis Obispo’s Flood Insurance Rate Maps. All
construction work within designated flood hazard areas shall comply with the
Floodplain Management Regulations contained in San Luis Obispo Municipal Code
Section 17.84.
For the enforcement provisions of this appendix for flood resistant constructi on under
the purview of the City Engineer, Building Official may mean City Engineer.
II. Amend the title of Appendix Section G501 to read as
“BUILDINGS AND MANUFACTURED HOMES”
JJ. Amend Appendix Section G501.1 to read as follows:
G501.1 Elevation. All new and replacement buildings and/or manufactured homes
to be built, placed or substantially improved within a flood hazard area shall comply
with the Floodplain Management Regulations contained in San Luis Obispo Municipal
Code Section 17.84.
KK. Amend Appendix Section G1001.3 to read as follows:
G1001.3 Elevation. Utility and miscellaneous Group U buildings and structures,
including substantial improvement of such buildings or structures, shall comply with
the Floodplain Management Regulations contained in San Luis Obispo Municipal Code
Section 17.84.
LL. Amend Appendix Section G1001.6 to read as follows:
G1001.6 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 17.84. 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.
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MM. 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.
NN. Add Appendix Sections J101.3 through J101.7 to read as follows:
J101.3 Hazardous conditions. Whenever the building official determines that any
existing excavation or embankment or fill on private property has become a hazard to
life and limb, or endangers property, or adversely affects the safety, use or stability of
a public way or drainage channel, the owner of the property upon which the excavation
or fill is located, or other person or agent in control of said property, upon receipt of
notice in writing from the building official, shall within the period specified therein
repair or eliminate such excavation or embankment so as to eliminate the hazard and
be in conformance with the requirements of this code.
J101.4 Dust control. All graded surfaces shall be wetted, protected or contained
in such manner as to prevent dust or spill upon any adjoining property or street.
J101.5 Emergency grading. The building official may authorize emergency
grading operations upon any site when necessary for the protection of the public health,
safety and welfare. Other city departments may take emergency action necessary to
protect public facilities.
J101.6 Special grading standards. The topography of a site proposed for
development shall remain substantially in its natural state. Mass recontouring shall not
be allowed. In all cases the average cross slope of a site shall be determined prior to
any grading operations or approval of any grading plan. Where a site does not slope
uniformly, the building official or city engineer shall determine average cross slope by
proportional weighting of the cross slopes of uniformly sloping subareas. The
percentage of the site, exclusive of building area, to remain in its natural state shall be
in accordance with Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The
rounded edges shall have a radius equal to one-half the height of the cut or fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a
tentative subdivision map, development proposal, or similar entitlement consistent with
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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.
OO. 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.
PP. Amend Appendix Section J103 to read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall
be performed without first having obtained a permit therefore from the building official.
A grading permit does not include the construction of retaining walls or other
structures. A grading permit shall be required for all work within any waterway,
including, but not limited to, earthwork, construction of drainage devices or erosion
control devices, removal of vegetation and modifications of banks and the bottom of
the waterway which may in the natural course of events lead to changes in flow
characteristics. A grading permit shall be required for all work that will create a
stockpile of any earth material, subject to the surety bond required by Section J103.4
to guarantee restoration of the site to a natural or other condition acceptable to the
building official.
J103.2 Exempted Work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the
public, and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel,
aggregate, or clay controlled by other regulations, provided such operations do
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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.
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.
QQ. 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
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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.
RR. 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.
SS. Add Appendix Table J101.6 as follows:
TABLE J101.6
GRADING TO REMAIN IN NATURAL STATE
Percent Average Cross Slope Percent of Site to Remain in Natural State
0-5 0
6-10 25
11-15 40
16-20 60
21-25 80
26-30 90
Above 30 100
SECTION 15.04.030 AMENDMENTS; CALIFORNIA RESIDENTIAL CODE
Adopt as approved by state agencies and amend the following sections:
A. Delete Chapter 1, Division II. Administration of the residential code shall be as set
forth in Chapter 1, Division II of the California Building Code.
B. 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.
C. Delete Section R310.1, Exception 2
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D. 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.
E. Amend Section R322.1 to read as follows:
R322.1 General. Buildings and structures constructed in whole or in part in flood
hazard areas (including A or V Zones) identified in the current edition of the City of
San Luis Obispo’s Flood Insurance Rating Map shall be designed and constructed in
accordance with the provisions contained in this section and the flood plain
management regulations contained in San Luis Obispo Municipal Code Section 17.84,
whichever is more stringent. Buildings and structures located in whole or in part in
identified floodways shall be designed and constructed in accordance with ASCE 24.
F. Add Section R337.1.2 to read as follows:
R337.1.2 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.
G. 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 California Residential Code shall be per California Building Code Section 1809 or
1810.
SECTION 15.04.040 AMENDMENTS; CALIFORNIA EXISTING BUILDING CODE
A. Amend Appendix Section A101 to read as follows:
SECTION A101
PURPOSE
The purpose of this chapter is to promote public safety and welfare by reducing the risk
of death or injury that may result from the effects of earthquakes on existing buildings
of unreinforced masonry wall construction.
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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 to read as follows:
A102.1 General. The provisions of this chapter shall apply to all existing buildings
having at least one unreinforced masonry wall. The elements regulated by this chapter
shall be determined in accordance with Table 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.
C. Amend Appendix Section A103 to add the following definitions:
LEVEL A STRENGTHENING of an unreinforced masonry building is compliance
with the provisions of this chapter, limited to the removal of or bracing of parapets,
installation of anchors between walls and roof, and installation of anchors between
walls and floors.
LEVEL B STRENGTHENING of an unreinforced masonry building is compliance
with all provisions of this chapter.
D. Amend Appendix Section A109.2 to read as follows:
A109.2 Selection of Procedure. Buildings shall be analyzed by the General
Procedure of Section A110, which is based on Chapter 16 of the California Building
Code, or when applicable, buildings may be analyzed by the Special Procedure of
A111. Buildings with a substantially complete steel or concrete frame capable of
supporting gravity dead and live loads and that utilize unreinforced masonry walls as
non-bearing infill between frame members shall be analyzed by a procedure approved
by the building official. Qualified historic structures may be analyzed per the California
Building Standards Code, Part 8, California Historical Building Code.
E. Add new Appendix Section A115 entitled "Administrative Provisions" to read as
follows:
SECTION A115
ADMINISTRATIVE PROVISIONS
A115.1 Compliance Requirements.
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A115.1.1 Strengthening deadlines. The owner of a building within the scope of this
chapter shall structurally alter the building to conform to Level B Strengthening by July
1, 2010 or when one of the following occurs:
1. The value of additions, alterations, and/or maintenance repairs requiring a
building permit, cumulative from March 4, 1992, exceeds 50 percent of the
replacement cost of the building established by the building official per
Appendix Section 108.3 of the Building Code, which may include a certified
appraisal report. The cumulative value of alterations and maintenance repairs
need not include reroofing, Level A Strengthening, and installation of an
automatic fire sprinkler system.
Exception: Buildings containing more than one tenant space if the floor
area of altered tenant spaces, cumulative from March 4, 1992, does not
exceed 50 percent of the total floor area of the building.
2. The use of the building changes to a different division of the same occupancy
group or to a different occupancy group.
Exceptions:
1. Notwithstanding the provisions of Section 3408 of the Building
Code, buildings containing more than one occupancy classification
need not be strengthened if the total floor area for changes in use,
cumulative from March 4, 1992, does not exceed 50 percent of the
floor area of the building.
2. Occupancy classification changes to Groups F, M, S and U from an
equivalent category as defined in the previous editions of this code.
3. An occupancy classification change to a Group R-2 Occupancy with
not more than five dwelling units.
4. An occupancy classification change to a Group S Occupancy used
exclusively as a warehouse with no human habitation.
3. If Level A strengthening work is completed by July 1, 2007, completion of the
remaining work to satisfy Level B strengthening requirements may be delayed
until July 1, 2012. If Level A work is not completed by July 1, 2007, the City
Council will set a Level B completion deadline for each building on the basis
of relative hazard, but not later than July 1, 2010.
Exception: The building official, on a case-by-case basis, may approve an
alternate strengthening plan deemed equivalent to Level A strengthening if:
1. A greater than 50 percent reduction in the unreinforced masonry
hazard for the building is accomplished by July 1, 2007; and,
2. A written agreement includes an acceptable work plan and timeline;
and,
3. The plan completes Level B strengthening by July 1, 2012.
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A115.1.2 Permits. The owner of a building within the scope of this chapter shall
submit a complete application for a building permit to the building official to strengthen
the building to Level B requirements by July 1, 2005. The building permit shall be
obtained by January 1, 2006 and shall remain valid until required Level B strengthening
work is completed per Section A115.1.1.
Exception: For seismic strengthening or demolition projects that require approval
of a planning application by a City process, the planning application shall be
submitted to the Community Development Department by July 1, 2005. The
application for building or demolition permit shall be submitted following approval
of the planning application, and a building or demolition permit shall be obtained
by January 1, 2006.
A115.1.3 Posting of sign. The owner of a building within the scope of this chapter
shall post, at a conspicuous place near the primary entrances to the building, a sign
provided by the building official stating “This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the event of a major earthquake”.
The sign shall be posted within 60 days of receipt by the building owner per installation
standards established by the building official.
A115.2 Notice and Order
A115.2.1 General. The building official shall, within 30 days of the determination
that a building is of unreinforced masonry construction issue a notice and order as
provided in this section to the owner of a building within the scope of this chapter.
A115.2.2 Service of notice and order. A notice or order issued pursuant to this
section shall be in writing and shall be served either personally or by certified or
registered mail upon the owner as shown on the last equalized assessment roll, and
upon the person, if any, in apparent charge or control of the building. The failure of any
such person to receive such notice or order shall not affect the validity of any
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
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Code, as adopted. Such appeal shall be filed with the Board within 60 days from the
service date of the order described in Section A115.2. Any appeal shall be decided by
the Board no later than 90 days after filing and the grounds thereof shall be stated
clearly and concisely. Appeals or requests for modifications from any other
determinations, orders or actions by the building official pursuant to this chapter shall
be made in accordance with the procedures established in Chapter 1, Division II,
Section 104.10 of the California Building Code.
A115.5 Recordation. At the time that the building official serves the
aforementioned notice, the building official shall also file and record with the office of
the county recorder a certificate stating that the subject building is within the scope of
this chapter and is a potentially earthquake hazardous building. The certificate shall
also state that the owner thereof will be ordered to structurally analyze the building to
determine compliance with this chapter.
If the building is either demolished, found not to be within the scope of this chapter, or
is structurally capable of resisting minimum seismic forces required by this chapter as
a result of structural alterations or an analysis, the building official shall file and record
with the office of the county recorder a form terminating the status of the subject
building as being classified within the scope of this chapter.
A115.6 Enforcement. If the owner in charge or control of the subject building fails
to comply with any order issued by the building official pursuant to this chapter within
the time limit set forth in Section A115.1, the building official shall verify that the
record owner of this building has been properly served. If the order has been served
on the record owner, then the following provisions apply:
1. The building official may order that the entire building be vacated and that the
building remain vacated until such order has been complied with. If compliance
with such order has not been accomplished within 90 days after the date the
building has been ordered vacated or such additional time as may have been
granted by the Board of Appeals, the building official may order its demolition
in accordance with the provisions of Sections 107, 108, and 109 of the
International Property Maintenance Code.
2. Any person who violates any provision of this chapter is guilty of a misdemeanor
and is subject to the penalty as provided for in Chapter 1.12 of the City of San
Luis Obispo Municipal Code. The City may also pursue alternative civil remedies
as set forth in Section 1.12.090 of the Municipal Code.
A115.7 Program monitoring and annual report. During January of each year,
the building official shall submit a report to the City Council outlining the progress to
date concerning reduction of the hazards presented by the unreinforced masonry
building inventory for the City. The report shall include:
1. The number of unreinforced masonry buildings strengthened, demolished, or
otherwise eliminated from the inventory;
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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.
A115.8 Automatic Fire Sprinkler Systems. Buildings within the scope of this
chapter located in the commercial fire zone shown in Figure 9-A of the California Fire
Code, as amended, shall install an automatic fire sprinkler system in conjunction with
level B strengthening deadlines in accordance with Section 903.2.1 of the California
Fire Code, as amended in Municipal Code Section 15.04.100, unless a later installation
date is granted by both the building official and fire code official.
TT. Add Appendix Chapter A6 to read as follows:
Appendix Chapter A6
DEMOLITION AND MOVING
OF BUILDINGS
SECTION 601
GENERAL
A601.1 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.
A601.2 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.
A601.3 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 602
DEFINITIONS
Section A602 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.
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Demolition means the complete or partial removal of a structure.
Foundation means the structure, usually of concrete, resting on or in the ground,
including the footing, on which a building is erected.
Foundation wall means the walls of concrete or masonry that support a building.
Inventory of Historical Resources is the Master List of Historic Resources and the
Listing of Contributing Properties within Historical Preservation Districts approved by
the City Council.
Municipal Code means the San Luis Obispo Municipal Code.
Potential Historic Resource means a building which may meet the Criteria for
Historic Listing found in the City of San Luis Obispo Historic Preservation Program,
but which has not been evaluated or listed as an historic resource.
Slab means a flat piece of material, usually of concrete, placed on the ground for use
as a building floor, patio, driveway, walk, ball court and/or similar uses.
Structure means any human made site feature, including signs, walls, fences,
buildings, monuments, or similar features.
Substructure means the foundation of a building or structure including the piers and
piles.
SECTION A603
PERMIT REQUIREMENTS
A603.1 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.
A603.2 Moving and Relocation of Buildings.
A603.2.1 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.
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A603.2.2 Transportation and building permits required. For moving projects, a
transportation permit shall be obtained from the public works director subsequent to
issuance of a moving permit. Building, plumbing, electrical, and mechanical permits
shall be required for all work necessary for the placement of a moved or relocated
building.
A603.3 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.
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.
A603.4 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
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demolition or moving, removal of all debris, cleanup of the site, repair of damage to
public improvements, erection of barricades when required and filling of depression
below adjacent grade. The amount of the guarantee for demolition shall be not less than
one thousand dollars or twenty percent of the value of the demolition contract price,
whichever is greater. The amount of the guarantee for moving a building or structure
shall be twenty percent of the total value of all work to be accomplished and associated
with moving of the building, but not less than five thousand dollars. Work required to
comply with this section may be completed by the city after the time limits stated have
expired and shall be paid from the deposit. The deposit shall not be released until such
work is completed.
Exceptions:
1. No guarantee will be required when the demolition permit is issued at the
same time as a building permit for a redevelopment project.
2. When the structure to be moved is to be relocated outside the limits of the
city, the amount of the guarantee may be reduced when approved by the
building official, but in no case shall be less than one thousand dollars.
A603.5 Indemnity. Every person, firm or corporation to whom permission has
been granted under the terms of this chapter and other ordinances to utilize public
property for the demolition or moving of any building or structure shall at all times
assume responsibility for any damage to public property. Such permission shall be
further conditioned that any person, firm or corporation shall, as a consideration for the
use of public property, at all times release, hold harmless and indemnify the city and
all of its agents and employees from any and all responsibility, liability, loss or damage
resulting to any persons or property caused by or incidental to the demolition or moving
work. Written indemnification in a form acceptable to the city attorney shall be
provided.
A603.6 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.
A603.7 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.
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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.
A603.8 Disconnecting service lines. Prior to the issuance of a permit to demolish
or relocate a building or structure, the permit applicant shall complete the following to
the satisfaction of the building official:
1. Electrical service. The power to all electric service lines shall be shut-off and
all such lines cut or disconnected outside the property line. Prior to the cutting
of such lines, the property owner or his agent shall notify and obtain the
approval of the electric service agency.
2. Other service. All gas, water, steam, storm, sanitary sewers, and other service
lines shall be shut-off and/or abandoned as required by the public works
director, utilities director, or other agency
SECTION A604
PUBLIC SAFETY REQUIREMENTS
A604.1 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.
A604.2 Dust and debris. During demolition operations, all material removed shall
be wet sufficiently or otherwise handled to control the dust incidental to removal.
All adjacent streets, alleys and other public ways and places shall be kept free and clear
of all rubbish, refuse and loose material resulting from the moving, demolition or
demolition removal operations, except as allowed by temporary encroachment permits
approved by the public works director.
SECTION A605
REMOVAL OF MATERIALS
A605.1 General. All building rubble and debris shall be removed from the
demolition site to an approved point of disposal.
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A605.2 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.
A605.3 Completion. Upon completion of the removal of a building or structure by
either demolition or moving, the ground shall be left in a smooth condition free of
demolition debris. Holes in the ground, basements or cellars, shall be filled to existing
grade.
Exception: The filling of such excavation may not be required when a building
permit has been issued for a new building on the site and the construction thereof
is to start within sixty days after the completion of demolition or moving operations
and the permittee provides a temporary barricade protecting the excavation on all
sides to the satisfaction of the building official.
SECTION 15.04.050 AMENDMENTS; CALIFORNIA MECHANICAL CODE
A. Delete Chapter 1, Division II and Table 104.5. Administration of the mechanical code
shall be as set forth in Chapter 1, Division II of the California Building Code.
B. Delete Appendix Chapter E.
SECTION 15.04.060 AMENDMENTS; CALIFORNIA PLUMBING CODE
A. Delete Chapter 1, Division II, Table 104.5 and Appendix Chapters F and L.
Administration of the plumbing code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Section 314.4 to read as follows:
314.4 All excavations shall be completely backfilled as soon after inspection as
practicable. A layer of sand or fine gravel shall be placed in all sewer trenches to
provide a leveling and laying bed for pipe. Adequate precaution shall be taken to 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, cinderfill, frozen earth,
construction debris or other materials which would damage or break the piping or cause
corrosive action. Mechanical devices such as bulldozers, graders, etc., may then be
used to complete backfill to grade. Fill shall be properly compacted. Suitable
precautions shall be taken to ensure permanent stability for pipe laid in filled or made
ground.
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C. Amend Section 715.2 to read as follows:
715.2 Joining Methods and Materials. Joining methods and materials for building
sewers shall be as prescribed in this code and shall only have joints that are glued,
solvent cemented, heat fused or welded.
Exception: “Strongback” type couplings may be used when connecting new or
replaced pipe to existing materials.
D. Add Section 1101.3.1 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.
E. 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 15.04.070 AMENDMENTS; CALIFORNIA ELECTRICAL CODE
A. Administration of the electrical code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Article (A)(1) to read as follows:
(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily
accessible location either outside the building or other structure, or inside nearest the
point of entrance of the service conductors. The disconnecting means shall be
accessible to emergency personnel, either directly or by a remote actuating device,
without requiring transit of the building interior. Dedicated electrical equipment rooms
located at the building perimeter and providing direct access to the outside shall satisfy
accessibility for emergency personnel.
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SECTION 15.04.080 AMENDMENTS; INTERNATIONAL PROPERTY
MAINTENANCE CODE
A. Delete Chapter 1 with the exception of Section 101.1 which is amended to read as
follows:
101.1 Administrative Provisions. The administrative provisions for the
enforcement of the International Property Maintenance Code shall be as set for the in
the Uniform Housing Code, The Uniform Code for the Abatement of Dangerous
Buildings, and other provisions of the San Luis Obispo Municipal Code.
SECTION 15.04.090 PERMITS REQUIRED FOR WELL CONSTRUCTION
A. No person shall construct, repair, modify, abandon or destroy any water well without
first obtaining a permit from the City. As used herein, "water well" shall mean an
artificial excavation constructed by any method for the purpose of extracting water
from, or injecting water into, the underground.
B. All work performed pursuant to each such permit shall be in conformance with all State
laws and standards including applicable portions of Department of Water Resources
Bulletin No. 74-81, all City ordinances, resolutions and policies relating thereto, and
such permit conditions as may be imposed by the City.
C. Any water well-constructed, repaired, modified, destroyed, abandoned, or operated in
violation of this section or the permit requirements shall constitute a public nuisance
which may be abated by the City. A person who digs, drills, excavates, constructs, owns
or controls any well and abandons such well and a person who owns, occupies,
possesses or controls any premises on which an abandoned well exists shall cap or
otherwise securely cover, cap or protect the entrance to the well. The capping or
covering shall be so constructed and installed as will prevent any human being from
suffering any bodily injury or death, through accident or inadvertence, by reason of the
existence of the well.
15.04.100 AMENDMENTS; CALIFORNIA FIRE CODE
A. Delete Appendix Chapter A.
B. Amend Chapter 1, Division II, Section 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”.
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C. Amend Chapter 1, Division II, Section 105.1.1 to read as follows:
105.1.1 Permits required. Permits required by this code shall be obtained from the
fire code official. A fee for each permit shall be paid prior to issuance of the permit, in
accordance with the schedule as established by the applicable governing authority.
Issued permits shall be kept on the premises designated therein at all times and shall be
readily available for inspection by the fire code official.
D. Amend Chapter 1, Division II, Section 108 to read as follows:
108 Board of appeals established. In order to hear and decide appeals of
orders, decisions or determinations made by the fire code official relative to the
application and interpretation of this code, there shall be and is hereby created a board
of appeals. The board of appeals shall be established as set forth in Chapter 1, Division
II Section 113 of the California Building Code, as amended in Section 15.04.020 of the
San Luis Obispo Municipal Code. The fire code official shall be an ex officio member
of said board but shall have no vote on any matter before the board. The board shall
adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the fire code official.
E. Amend Chapter 1, Division II, Section 109.3 to read as follows:
109.4 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.
F. Amend Chapter 1, Division II, Section 111.4 to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable to a fine of not less
than that established by Municipal Code Section 1.12.040.
G. Amend Section 302.1 to add the following definition 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.
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H. Amend Section 307.1.1 and 307.2 to read as follows:
307.1.1 Prohibited open burning. No waste matter, combustible material or refuse
shall be burned in the open air within the city. Agricultural, ceremonial or similar types
of fires may be approved when authorized by the fire code official. Open burning,
cooking or warming fires are prohibited on brush-covered public lands within the city.
307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or
range or wildlife management practices, prevention or control of disease or pests.
Application for such approval shall only be presented by and permits issued to the
owner of the land upon which the fire is to be kindled.
I. Amend Sections 307.4.1 and 307.4.2 to read as follows:
307.4.1 Bonfires. Bonfires shall be prohibited.
307.4.2 Recreational fires. Recreational fires shall be prohibited.
Exception: Recreational fires may be permitted in approved, non-combustible
commercially built containers, measuring no more than 3 feet in diameter and 2 feet
tall, raised at least 6 inches off the ground with non-combustible legs and having a
non-combustible spark arrester screen with holes no larger than ¼ inch. The ground
beneath this container shall be clear of combustible material for 10 feet in diameter,
and 10 feet away from combustible construction. The material being burned shall
be wood only and shall not include pressure treated lumber. A pre-connected
garden hose shall be accessible.
J. Amend Section 308.1.6.3 to read as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns are prohibited.
Exceptions:
(1) Upon approval of the fire code official, sky lanterns may be used under the
following conditions:
(a) When necessary for religious or cultural ceremonies and adequate
safeguards have been taken in the discretion of the fire code official. Sky
lanterns must be tethered in a safe manner to prevent them from leaving the area
and must be constantly attended until extinguished.
K. Amend Section 405.7 to read as follows:
405.7 Initiation. Where a fire alarm system is provided, emergency evacuation
drills shall be initiated by activating the fire alarm system. Prior to initiating an alarm,
the person initiating the alarm shall contact the fire alarm monitoring company and
advise the company’s dispatcher of the fire drill. In cases where the fire alarm system
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is not monitored by a central station, notification shall be provided to the fire
department dispatch center.
L. 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, firefighting or rescue operations would not
be impaired.
503.1.2 Additional access. The fire code official is authorized to require more than
one fire apparatus access/egress road based on the potential for impairment of a single
road by vehicle congestion, condition of terrain, climatic conditions or other factors
that could limit access/egress.
M. Amend Section 503.2.5 to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150
feet (45 720 mm) in length shall be provided with an approved area for turning
around fire apparatus.
Exception: Where buildings along the dead-end road are protected by an approved
fire sprinkler system throughout, the distance may be increased to 300 feet (91 440
mm).
N. 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 constru ction by the
fire code official.
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O. 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.
P. 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.
Q. 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.
R. 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.
S. Amend Section 603.1.4 to read as follows:
603.1.4 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the
burner is approved and as stipulated by the burner manufacturer. Oil containing
gasoline shall not be used.
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T. Amend Section 603.9 to read as follows:
603.9 Gas meters. Above-ground gas meters, regulators and piping subject to
damage shall be protected by a barrier complying with Section 312 or otherwise
protected in an approved manner. Gas meters shall be permanently marked and
identified as to the building or system served.
U. Amend Section 608.1 to read as follows:
Section 608.1 Scope. Stationary storage battery systems having an electrolyte
capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-
Cd) and valve-regulated lead acid (VRLA), or 1,000 pounds (454 kg) for lithium-ion
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 608.1.
V. Amend Section 901.4.2 and Section 901.4.4 to read as follows:
901.4.2 Non-required fire protection systems. Any fire protection system or
portion thereof not required by this code or the California Building Code may be
allowed, when approved by the fire code official, to be furnished for partial or complete
protection provided such installed system meets the requirements of this code and the
California Building Code.
901.4.4 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 equipment required under this section shall be
installed in accordance with this code and applicable referenced standards.
W. Amend Section 901.6 to read as follows:
Section 901.6 Inspection, testing and maintenance. Fire detection, alarm and
extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents
shall be maintained in an operative condition at all times and shall be replaced or
repaired where defective. Non-required fire protection systems and equipment shall be
inspected, tested and maintained or removed. No person shall cause a response of
emergency personnel due to failure of notifying police/fire dispatch of any drill, testing,
maintenance, installation of, repair or alteration to any fire protection system.
X. Amend Section 903.2, add Section 903.2.1 and 903.2.2 and delete Sections 903.2.1
through 903.2.10 to read as follows:
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903.2 General. An automatic fire-extinguishing system shall be installed in new
buildings as set forth in Section 903.2 of the California Building Code as amended by
Section 15.04.020 of the San Luis Obispo Municipal Code.
903.2.21 Existing buildings in commercial fire zone. Existing buildings located in
the commercial fire zone shown in Figure 9-A that are provided with an underground
fire sprinkler lateral, shall have an automatic fire sprinkler system installed and
operational within 24 months of the approval and acceptance of the lateral by the City.
Exceptions:
1. The installation of an automatic fire sprinkler system required by Section
903.2.1 in a building of unreinforced masonry construction not strengthened by
July 1, 2007 shall coincide with the strengthening dates established by
Resolution #9890 (2007). City Council established dates range from 2008 to
2010 based on the relative hazard of the building.
2. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to July 1, 2007, shall be completed and operational by July 1, 2012.
3. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to October 1, 2004, shall be completed and operational by January 1, 2017.
FIGURE 9-A – COMMERCIAL FIRE ZONE
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903.2.22 Notification. Whenever the fire code official determines that a building is
subject to the minimum requirements of Section 903.2.1, the building owner shall be
notified in writing that an automatic fire-sprinkler system shall be installed in the
building.
The notice shall specify in what manner the building fails to meet the minimum
requirements of Section 903.2.1. It shall direct that plans be submitted, that necessary
permits be obtained, and that installation be completed by the specified date. The fire
department shall serve the notice, either personally or by certified or registered mail,
upon the owner as shown on the last-equalized assessment roll and upon the person, if
any, in real or apparent charge or control of the building.
Section 903.2.3 through Section 903.2.10 not used. Text continues with Section
903.2.11.
Y. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code
require that a building or portion thereof be equipped throughout with an automatic
sprinkler system in accordance with this section and where a building is considered as
mixed occupancy due to the presence of two or more uses that are classified into
different occupancy groups, sprinklers shall be installed throughout in accordance with
NFPA 13 as amended in Chapter 80 except as provided in Section 903.3.1.1.1.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3
occupancies, automatic sprinklers shall not be required in the following rooms or areas
where such rooms or areas are protected with an approved alternative automatic fire
extinguishing system in accordance with Section 904. Sprinklers shall not be omitted
from any room merely because it is damp, of fire-resistance-rated construction or
contains electrical equipment.
1.-7. No change.
Z. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall contact
and notify the police/fire dispatch center immediately on notification of an alarm and
prior to making contact with the protected premises.
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AA. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves
shall be provided at the point of connection to the riser on each floor in all buildings
two or more stories in height or in single-story buildings having a gross floor area of
10,000 square feet or more zoned into no more than 5,000 square- foot areas for the
purpose of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in building equipped with an
automatic fire extinguishing system installed in accordance with Section 903.3.1.3.
BB. Amend Section 905.3.1 to read as follows:
905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe
systems shall be installed throughout at each floor where any of the following occur.
1. Buildings where the floor level of the highest story is located more than 30 feet
(9144 mm) above the lowest level of fire department vehicle access.
2. Buildings that are four or more stories in height.
3. Buildings where the floor level of the lowest story is located more than 30 feet
(9144 mm) below the highest level of fire department vehicle access.
4. Buildings that are two or more stories below the highest level of fire department
vehicle access.
5. In any parking structure exceeding one level above or one level below grade.
CC. 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.
DD. 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.
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EE. Delete Section 1030.1 Item 2, Exception 6
FF. 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.
GG. 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).
HH. 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).
II. 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.
JJ. Delete Section 3304.3 and amend Section 3304.5 to read as follows.
Section 3304.5 Fire watch. When required by the fire code official for construction,
alteration or building demolition that is hazardous in nature, qualified personnel shall
be provided to serve as on-site fire watch. Fire watch personnel shall be provided with
at least one approved means for notification of the fire department and their sole duty
shall be to perform constant patrols and watch for the occurrence of fire.
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KK. Amend Section 3310.1 to read as follows:
Section 3310.1 Required access. Approved vehicle access for firefighting shall be
provided to all construction or demolition sites. Vehicle access shall be provided to
within 150 feet of all combustible material. Vehicle access shall be provided by either
temporary or permanent roads, capable of supporting vehicle loading under all weather
conditions. Vehicle access roads shall be maintained until permanent fire apparatus
access roads are available.
LL. Amend Section 3312.1 to read as follows:
Section 3312.1 When required. An approved water supply for fire protection,
either temporary or permanent, shall be made available prior to combustible material
arriving on the site.
MM. Amend Section 4901.1 to read as follows:
4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative
fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire
suppression capabilities, or result in large property losses shall comply with this
chapter. In determining requirements for properties located within the wildland-urban
interface fire area, the fire code official may be guided by the requirements of the
International Wildland-Urban Interface Code and National Fire Protection Association
Standards.
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
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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. - 10 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.
QQ. Amend Section 5704.2.7 and Delete the Exception to Section 5704.2.7.5.8 to read as
follows:
5704.2.7 Design, construction and general installation requirements for tanks.
All tanks shall be protected tanks as defined in Section 5702. The design, fabrication,
and construction of tanks shall comply with NFPA 30. Tanks shall be of double-walled
construction and listed by Underwriters Laboratories (UL). Each tank shall bear a
permanent nameplate or marking indicating the standard used as the basis of design.
5704.2.7.5.8 Over-fill prevention. An approved means or method in accordance with
Section 5704.2.9.7.6 shall be provided to prevent the over-fill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have over-fill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.6 shall be provided
to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning
equipment inside buildings
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RR. Amend 5704.2.8.3 to read as follows:
5704.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall be no
backfill around the tank or within the vault. The vault floor shall drain to a sump. For
pre-manufactured vaults, liquid tightness shall be certified as part of the listing
provided by a nationally recognized testing laboratory. For field-erected vaults, liquid
tightness shall be certified in an approved manner.
SS. 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.
TT. 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.
UU. Amend Section 5704.2.13.1.4 to read as follows:
5704.2.13.1.4 Tanks abandoned in place. A tank owner/operator proposing to
abandon a tank in place shall submit a permit application to the fire department for
assessment of soil contamination around the tank and product, vent and vapor piping.
If contamination is confirmed, a work plan for additional assessment or remediation
shall be submitted to the fire department within 30 days. If a tank is approved for
abandonment in place, the property owner will be required place a deed notice on the
property. The deed notice shall be notarized and recorded with the San Luis Obispo
County Clerk Recorder’s Office within 30 days of tank abandonment. Tanks
abandoned in place shall be as follows:
VV. 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.
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WW. 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.
XX. 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 appliances.
YY. Amend the Exception to Appendix Section B105.1 and the title of Table B105.1 (1)
to read as follows:
B105.2 One- 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).
Table B105.1(1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS
The remainder of the table is unchanged.
ZZ. 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).
AAA. Amend Appendix Section D103.1 to read as follows:
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus road, the minimum road width shall be 26 feet (7925 mm). See Figure
D103.1.
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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.
BBB. 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”.
CCC. Amend Appendix Section D103.6 through D103.6.2 to read as follows:
D103.6 Signs. Where required by the fire code official, fire apparatus roads shall
be marked with permanent NO PARKING--FIRE LANE signs per city standards.
Signs shall be posted on one or both sides of the fire appar atus 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.
DDD. 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.
EEE. Amend the Exception to Appendix Section D104.2 to read as follows:
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5760 m2) shall be
provided with two separate and approved fire apparatus access roads.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-
A of this code may be provided with fire apparatus access roads having a minimum
width of 20 feet when approved by the fire code official.
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FFF. 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.
GGG. 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.
HHH. Delete Appendix Section D106.2.
III. 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 on a single fire apparatus access road
shall not be increased unless fire apparatus access roads will connect with future
development, as determined by the fire code official.
SECTION 7. The Chief Building Official and Fire Code Official are hereby authorized
and directed to transmit a copy of this ordinance to the California Building Standards Commission
as required by California Health and Safety Code Section 17958.7.
SECTION 8. If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have
passed each and every remaining provision irrespective of such holding in order to accomplish the
intent of this ordinance.
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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 Tribune, a
newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage, but not before January 1, 2020. 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 22nd day of October 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ______________ 20__, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Mayor Heidi Harmon
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, this _________ day of ___________________, _____________.
______________________________
Teresa Purrington
City Clerk
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ORDINANCE NO. ______ (2019 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
EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODES AND
ADOPTING FINDINGS OF FACT TO SUPPORT THE AMENDMENTS
WHEREAS, the State of California adopts and updates the California Building Standards
Code on a triennial basis, which constitutes the building and fire code regulations applicable to all
occupancies throughout the State, and
WHEREAS, the State has published the 2019 Edition of the California Building Standards
Code, comprised of various model codes and State amendments, which will become effective on
January 1, 2020, and
WHEREAS, pursuant to the California Health and Safety Code, Section 17958.5, local
jurisdictions are permitted to amend the California Building Standards Code as reasonably
necessary based on local climatic, geological or topographical conditions, provided such
amendments are not less restrictive than the requirements found in the State codes, and
WHEREAS, the California Health and Safety Code, Sections 17958.7 and 18941.5,
requires the City Council to make express findings that each such amendments are reasonably
necessary; and
WHEREAS, such findings must be made available as a public record and a copy thereof,
with each such amendment, shall be filed with the California Building Standards Commission
and/or the Department of Housing and Community Development, and
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo
to provide citizens with the greatest degree of fire, life and structural safety in buildings in the
most cost effective manner by adopting that body of regulations referred to as the California
Building Standards Code with amendments specific to the City of San Luis Obispo;
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The project is exempt from environmental
review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves
updates and revisions to existing regulations. The proposed code amendments are consistent with
California Law, specifically the CA Health & Safety Code Sections 17958.7 and 18941.5. It can
be seen with certainty that the proposed Municipal Code text amendments will have no significant
effect on the environment.
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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), and Ordinance 1630 (2016 Series), are hereby re-affirmed,
but are otherwise hereby superseded by this ordinance to the extent inconsistent herewith.
SECTION 3. The provisions of the State Building Standards Code are hereby modified,
changed and amended, as provided for in this ordinance, based upon the foregoing findings and
those set forth herein and that said Council takes said action because of the public interest in
protecting life and preserving public safety and property. The City Council hereby determines that
Sections 101.2, 105.2, 602.1, 705.11 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2,
1030.1(2), 1506.3, 1804.3, 1804.4, 1809.7, Table 1809.7, 1907, 3109, G102.2, G501.1, G1001.3,
G1001.6, J101.1, J102, J103.1-J103.2, J104.2, J110.1 of the 2019 California Building Code,
Section R310.1, R313.3.3., R322.1, R337.1.2, R403 and R404 of the 2019 California Residential
Code, Section 314.4 and 715.2 of the 2019 California Plumbing Code, Article 230.70 (A)(1) of
the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code are required to be modified due to the findings contained
herein to be more restrictive requirements than those set forth in the California State Building
Standards;
SECTION 4 - Findings. The City Council finds that each of the changes or modifications
to measures referred to therein are reasonably necessary because of local climatic, geological, or
topographical conditions in the area encompassed by the boundaries of the City of San Luis
Obispo, and the City Council further finds that the following findings support the local necessity
for the changes or modifications:
FINDING 1
That the City of San Luis Obispo is situated at the base of a watershed of the Santa Lucia Mountains
and that flooding of San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks results in
conditions rendering fire department vehicular traffic unduly burdensome or impossible as
witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995.
Furthermore, flood conditions described above create the potential for overcoming the ability of
the fire department to aid or assist in fire control, evacuations, rescues and other emergency task
demands inherent in such situations. The resulting overburdening of fire department personnel
may cause a substantial or total lack of protection against fire for the buildings and structures
located in the City of San Luis Obispo. The afore-described conditions support the imposition of
fire protection requirements greater than those set forth in the California State Building Standards
Commented [SM1]: Added as new section, not amendment
given current proposed code language.
Commented [MR2]: Changed section 902.1 to 902.21 and
903.2.2 to 903.2.22 to reflect additions to model code
Commented [MR3]: Changed section 903.1.1 to 903.3.1.1 and
add section 903.3.1.1.1 to correct typo and prior omission
Commented [MR4]: Added section 603.9 as it was erroneously
left out of prior versions
Commented [MR5]: Added section 507.5.4.1 as it was
erroneously left out in prior versions
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Code and, in particular, support the imposition of more restrictive requirements than set forth in
Sections 101.2, 602.1, 705.11, 903.2, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6,
910.3.2, 1506.3, G102.2, G501.1, G1001.3, G1001.6, and of the 2019 California Building Code,
Sections R313.3.3 R322.1 and R337.1.2 of the 2019 California Residential Code, Article 230.70
(A)(1) of the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 2
The aforementioned flood and rain events result in conditions wherein stormwater can inundate
the wastewater treatment system as witnessed in major floods that occurred in 1952, 1961, 1969,
1973, 1978, 1982, and 1995. Furthermore, rain events and flood conditions described above create
a condition referred to as Inflow and Infiltration (I/I) that allow rain and flood waters to flow and/or
seep into the wastewater system and overcome the ability of the wastewater collection system and
Water Reclamation Facility (WRF) to convey and treat sewage. The resulting overburdening of
the wastewater system can result in threats to public health, public and private property and water
quality and result in violations and fines from the State of California, the Environmental Protection
Agency (EPA) or others. The afore-described conditions support the imposition of code
requirements more restrictive than those set forth in Section 715.2 of the 2019 California Plumbing
Code.
FINDING 3
That the City of San Luis Obispo is situated near three major faults each capable of generating
earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the
Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east,
and the Hosgri to the West. Other faults of importance are the Huasna and West Huasna to the
Southeast of the City, the San Simeon to the Northwest, and the Edna and Edna Extended faults
which enter the southern areas of the City. In as much as these faults are included as major
California earthquake faults, which are subject to becoming active at any time, the City of San
Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The
potential effects include isolating the City of San Luis Obispo from the North and South due to the
potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades
and the potential for horizontal or vertical movement of the Edna fault rendering surface travel
across the southern extremities of the city unduly burdensome or impossible. Additional potential
situations inherent in such an occurrence include loss of the City's two main water sources (the
Salinas and Whale Rock reservoirs), broken natural-gas mains causing structure and other fires,
leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering
of first aid and other medical attention to large numbers of people. The protection of human life
and the preservation of property in the event of such an occurrence support the imposition of fire
protection requirements greater than those set forth in the California State Building Standards Code
and in particular support the imposition of more restrictive requirements than set forth in Sections
Commented [MR6]: Changed section 902.1 to 902.21 and
903.2.2 to 903.2.22 to reflect additions to model code
Commented [MR7]: Changed section 903.1.1 to 903.3.1.1 and
add section 903.3.1.1.1 to correct typo and prior omission
Commented [MR8]: Added section 603.9 as it was erroneously
left out of prior versions
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101.2, 105.2, 602.1, 705.11, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, and 1506.3
of the 2019 California Building Code, Section R313.3.3 and R337.1.2 of the 2019 California
Residential Code, Article 230.70 (A)(1) of the 2019 California Electrical Code, and 302.1, 307.1.1,
307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5,
503.6, 507.2, 507.5.4.1, 507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21,
903.2.22, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.1 and D107.1 of the 2019 California Fire Code.
FINDING 4
That the central commercial area in the City of San Luis Obispo consists of mixed conditions that
create the potential for possible conflagration, including congested streets during the business day,
numerous older buildings without adequate internal fire-resistivity, and contemporary low-rise
buildings. Significant spread of fire in said area will actually exceed the fire suppression
capabilities of regional firefighting personnel. The continued development of the San Luis Obispo
commercial area and the current and potential development of high---rise buildings pose a
substantial threat of fire to human life, public safety, and the preservation of property and support
the imposition of fire protection requirements greater than those set forth in the California State
Building Standards Code, and in particular, support the imposition of more restrictive requirements
than set forth in Sections 602.1, 705.11, 903.2, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1,
907.6.6, 910.3.2.1, 1030.1(2), and 1506.3 of the 2019California Building Code, Section R310.1,
R313.3.3 R322.1 and R337.1.2 of the 2019 California Residential Code, Article 230.70 (A)(1) of
the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 5
That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 1) traversing in an east/west direction. The City
is also transected by a mainline railroad in the north/south direction. It is a frequent occurrence for
the aforementioned highways and railway to support the transportation of hazardous materials.
The potential for release or threatened release of a hazardous material along one of these routes is
highly probable given the volume of material transported daily. Incidents of this nature will
normally require all available emergency response personnel to prevent injury and loss of life, and
to prevent as far as practicable, property losses. Emergency personnel responding to said incidents
may be unduly impeded and delayed in accomplishing an emergency response as a result of this
situation, with the potential result of undue and unnecessary risk to the protection of life and public
safety, particularly in those buildings or structures without the protection of automatic fire
sprinklers. The above-described- problems support the imposition of fire protection requirements
Commented [SM9]: Added as new section, not amendment
given current proposed code language.
Commented [MR10]: Changed section 902.1 to 902.21 and
903.2.2 to 903.2.22 to reflect additions to model code
Commented [MR11]: Changed section 903.1.1 to 903.3.1.1 and
add section 903.3.1.1.1 to correct typo and prior omission
Commented [MR12]: Added section 603.9 as it was
erroneously left out of prior versions
Commented [MR13]: Changed section 902.1 to 902.21 and
903.2.2 to 903.2.22 to reflect additions to model code
Commented [MR14]: Changed section 903.1.1 to 903.3.1.1 and
add section 903.3.1.1.1 to correct typo and prior omission
Commented [MR15]: Added section 603.9 as it was
erroneously left out of prior versions
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greater than those set forth in the California State Building Standards Code, and in particular
support the imposition of more restrictive requirements than set forth in Sections 602.1, 705.11,
903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, and 1506.3 of the 2019 California
Building Code, Section R313.3.3 and R337.1.2 of the 2019 California Residential Code, Article
230.70 (A)(1) of the 2019 California Electrical Code, and 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1, D105.2, D106.1 and
D107.1 of the 2019 California Fire Code.
FINDING 6
That seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of San Luis Obispo. The
hot, dry weather in combination with Santa Lucia (offshore) winds frequently results in wildland
fires in the brush-covered slopes on the Santa Lucia Mountains, San Luis Mountain, and the Irish
Hills areas of the City of San Luis Obispo. The aforementioned areas completely surround the
City. When a fire occurs in said areas, such as occurred in 1985 when the Los Pilitas fire burned
six days and entered the City and damaged many structures, the entirety of local fire department
personnel is required to control, monitor, fight and protect against such fire situations in an effort
to protect life and preserve property and watershed land. The same climatic conditions may result
in the concurrent occurrence of one or more fires in the more populated areas of the City without
adequate fire department personnel to protect against and control such a situation. Therefore, the
above---described findings support the imposition of fire-protection requirements greater than
those set forth in the California State Building Standards Code, and in particular support the
imposition of more restrictive requirements than set forth in Sections 602.1, 705.11, 903.2,
903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, 1030.1(2), and 1506.3.1 of the 2019 California
Building Code, Section 310.1, 313.3.3 and R337.1.2 of the 2019 California Residential Code,
Article 230.70 (A)(1) of the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2,
307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6,
507.2, 507.5.4.1, 507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21,
903.2.22, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.1, D103.4, D103.6, D103.6.1, D103.6.2, D104.1,
D105.2, D106.1 and D107.1 of the 2019 California Fire Code.
FINDING 7
That for the most part, the soils in the City of San Luis Obispo are medium to highly expansive in
nature, and such soils may cause damage to foundations, structures and underground utilities if not
properly mitigated through known construction techniques. Furthermore, a significant part of the
City lies on hills and rolling topography subject to earth slides and movements and present
problems to developments constructed in such areas due to surface water drainage and disposal.
The above-described conditions support the imposition of requirements more restrictive than those
Commented [SM16]: Added as new section, not amendment
Commented [MR17]: Changed section 902.1 to 902.21 and
903.2.2 to 903.2.22 to reflect additions to model code
Commented [MR18]: Changed section 903.1.1 to 903.3.1.1 and
add section 903.3.1.1.1 to correct typo and prior omission
Commented [MR19]: Added section 603.9 as it was
erroneously left out of prior versions
Commented [MR20]: Changed section 902.1 to 902.21 and
903.2.2 to 903.2.22 to reflect additions to model code
Commented [MR21]: Changed section 903.1.1 to 903.3.1.1 and
add section 903.3.1.1.1 to correct typo and prior omission
Commented [MR22]: Added section 603.9 as it was
erroneously left out of prior versions
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set forth in the California State Building Standards Code and, in particular, support the imposition
of greater requirements than those set forth in Sections 105.2, 1804.3, 1809.7, Table 1809.7, 1907,
3109, and Appendix Sections J101 J102, J103.1-J103.2, J104.2, J110.1 of the 2019 California
Building Code, Section R403 and R404 of the 2019 California Residential Code and Section 314.4
and 715.2 of the 2019 California Plumbing Code.
FINDING 8
In regards to the adoption of the Uniform Housing Code, the Uniform Code for the Abatement of
Dangerous Buildings, the International Property Maintenance Code, and Chapter 1.24 of this code,
it is hereby determined and found that the alternate abatement procedures and requirements
contained in these codes are equivalent to those provided by the State Housing Law (CCR, Title
25). These codes provide minimum fire, life safety, and sanitary standards and administrative
procedures for the maintenance of existing buildings.
FINDING 9
In regard to the amendments to California Building Code Sections 103.1, 104.10.2, 104.12,,
105.3.2, 105.3.3, 105.5, 105.7, 109.4, 109.4.1, 112.4, 112.5, 113, 116.1, 202, California
Residential Code Section R109.1.2, California Mechanical Code Chapter I Division II and Table
104.5, California Plumbing Code Chapter I Division II and Table 104.5 and IPMC Section 101.1,
these provisions are administrative in nature and do not constitute “building standards” as defined
by law, and therefore a finding of local necessity is not required.
SECTION 5. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby amended
in its entirety to read as follows:
SECTION 15.02.010 ADOPTION OF CODES
Fourteen documents, three (3) each of which are on file in City offices, identified by the Seal of
the City of San Luis Obispo, marked and designated as the California Code of Regulations,
Title 24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 also known as the California Building
Standards Code to include the 2019 editions of the California Building Code (Part 2,
Volumes 1 and 2), the California Residential Code (Part 2.5), and the California Fire Code
(Part 9) published by the International Code Council, the 2019 edition of the California
Electrical Code (Part 3) published by the National Fire Protection Association, the 2019
editions of the California Mechanical Code (Part 4) and the California Plumbing Code (Part
5) published by the International Association of Plumbing and Mechanical Officials, the
2019 editions of California Energy Code (Part 6), the California Green Building Standards
Code (Part 11), the California Historical Building Code (Part 8), the California Existing
Building Code (Part 10), the 2019 California Referenced Standards Code (Part 12), the
2018 edition of International Property Maintenance Code (IPMC) published by the
International Code Council, and the 1997 editions of the Uniform Housing Code and the
Uniform Code for the Abatement of Dangerous Buildings published by the International
Conference of Building Officials are hereby adopted including chapters, sections and
appendices not adopted by agencies of the State of California. Furthermore, only the
chapters, sections and appendices of the 2019 California Residential Code and the 2019
California Green Building Standards Code adopted by the State of California are hereby
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adopted. These regulations collectively will be known as the Building Construction and
Fire Prevention Regulations of the City of San Luis Obispo. The provisions of such are
hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except
as modified hereinafter.
SECTION 15.02.020 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 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.
SECTION 6. Chapter 15.04 of the San Luis Obispo Municipal Code is hereby amended
in its entirety to read as follows:
SECTION 15.04 CONSTRUCTION AND FIRE PREVENTION REGULATIONS
SECTION 15.04.010 BUILDING OFFICIAL AND FIRE CODE OFFICIAL DESIGNATED
The Chief Building Official is hereby designated as the building official and code official
for the City of San Luis Obispo. The Fire Chief is hereby designated as the fire code official
for the City of San Luis Obispo. Where the “authority having jurisdiction” is used in the
adopted codes, it shall mean the building official or fire code official, as applicable.
SECTION 15.04.020 AMENDMENTS; CALIFORNIA BUILDING CODE
A. Delete Appendixes A, B, D, E, H, K and M.
B. Amend Chapter 1, Division II, Section 101.2 to read as follows:
101.2 Scope. The provisions of this code shall apply to the construction, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structure, including pre-
manufactured shipping containers, or any appurtenances connected to or attached to such
buildings or structures.
Exception: The provisions of the California Residential Code for One- and Two-family
Dwellings shall apply to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, and location of detached one- and two-family
dwellings and townhouses not more than three stories above grade plane in height with a
separate means of egress and their accessory structures not more than two stories above
grade plane in height and 3000 sq. ft. in area.
Commented [SM23]: This clarifying language was added to
assist with determining appropriate reuse of shipping containers in
various applications.
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C. 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.
D. Add Chapter 1, Division II, Section 104.10.2 to read as follows
104.10.2 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.
E. Add Chapter 1, Division II, Section 104.12 to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to
apply the building ordinances of the City of San Luis Obispo and those building
regulations mandated by State law to be enforced by the local agency to buildings and
structures containing one or more airspace lots as defined in this code so as to treat the
entirety of such buildings or structures as if they were on or within a single lot,
provided:
1. That such buildings or structures or portions thereof would otherwise conform
to such ordinances and regulations, but for the creation of such airspace lots;
and
2. That a covenant agreement, in a form designed to run with the land and
satisfactory to the Community Development Director, be recorded with the
Office of County Recorder and a copy filed with the Community Development
Department by the owners binding themselves and future owners and assigns
to keep, preserve and maintain all portions of such buildings or structures in
accordance with and pursuant to such building ordinances and regulations.
F. 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 m2). 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.
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
Commented [SM24]: This clarifying language was added to
ensure masonry walls are not mistakenly interpreted as exempt from
a permit, given there are specific design criteria for their
installations.
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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.
G. Amend Chapter 1, Division II, Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless
such application has been pursued in good faith or a permit has been issued; except that
the building official is authorized to grant one or more extensions of time for additional
periods not exceeding 180 days. The extension shall be requested in writing and
justifiable cause demonstrated. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee if
additional review by the City is necessary. 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.
H. Add Chapter 1, Division II, Section 105.3.3 to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Section 107.1,
a plan review fee shall be paid at the time of submitting the submittal documents for
plan review. Said plan review fee shall be in accordance with the schedule as
established by the applicable governing authority.
Separate plan review fees shall apply to permits for retaining walls and major drainage
structures in conjunction with grading. For excavation and fill on the same site, the
plan review fee for grading shall be based on the volume of excavation or fill,
whichever is greater.
The plan review fees specified in this section are separate fees from the permit fees
specified in Section 109.2 and are in addition to the permit fees.
Where submittal documents are incomplete or changed so as to require additional plan
review, or where the project involves deferred submittal items as defined in Section
107.3.4.1, an additional plan review fee may be charged at a rate established by the
applicable governing authority.
I. Amend Chapter 1, Division II, Section 105.5 to read as follows
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized on the site by such permit is suspended or abandoned for a period
of 180 days after the time the work is commenced. Work shall be deemed abandoned
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if an inspection required to be performed under the work authorized by the permit is
not approved within 180 days 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.
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.
J. 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.
K. 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.
L. 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.
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M. 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 certificate 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 inspections required to
verify compliance with the temporary occupancy shall be required to be paid in
advance at the current hourly inspection rate.
N. 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.
Exceptions:
1. A building located in residential or conservation/open space zone
established by the jurisdiction's zoning regulations, provided that there are
existing buildings on the property that are served by overhead connection
lines.
2. Replacement or relocation of electric service equipment served by existing
overhead wiring.
3. Where determined by the building official to be impractical or infeasible
within the standards and practices of the utility or other companies
providing such services.
Where the utility or other company's distribution system is underground, the service
lines shall terminate at a connection point designated by the utility company. Where
the utility or other company's distribution is overhead, the service lines shall terminate
as a pole riser on a pole designated by the utility company.
112.5 Storage of solid waste containers. All new Group R, Division 3
occupancies shall provide a space adequate in size to store and screen all solid waste
(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.
O. Amend Chapter 1, Division II, Section 113 to read as follows:
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113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official or fire code official relative
to the application and interpretations of the California Building Standards Code, the
Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings,
and the International Property Maintenance Code, there shall be and is hereby created
a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the
Local Accessibility Appeals Board referenced in the California Building Standards
Code. The building official or fire code official shall be an ex officio member and shall
act as secretary to said board but shall have no vote upon any matter before the board.
The Board of Appeals shall be appointed by the applicable governing authority and
shall hold office at its pleasure. The board shall adopt rules of procedure for conducting
its business.
113.2 Limitations on authority. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better form or construction is proposed. The board shall have no authority to waive
requirements of this code. For appeals relating to accommodations for the disabled,
the authority of the board shall include the ability authorize reasonable alternatives to
disabled access requirements imposed by the California Building Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members, five
of which who are qualified by experience and training to pass on matters pertaining to
building construction and building service equipment, hazards of fire, explosions,
hazardous conditions or fire protection systems and are not employees of the
jurisdiction. For matters subject to the appeal process referenced in H & S Code
19957.5 paragraph (b) regarding accommodations for persons with physical
disabilities, the board of appeals shall include two additional members who shall be
persons with disabilities as defined in the California Building Code.
113.4 Fees. A fee titled “Appeal of Building Official Decision” or “Handicapped
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
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Property Maintenance Code, as adopted. A vacant structure that is not secured against
entry shall be deemed unsafe.
Q. Amend Section 202 by addition of the definitions for Boarding House, Airspace Lot
and Airspace Subdivision and Rainwater Harvesting System to read as follows:
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.
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.
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FIGURE 6-A – COMMERCIAL FIRE ZONE
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. Delete Sections 903.2 through 903.2.10.1. Add new Sections 903.2 and 903.2.1
through 903.2.10.1 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be
installed:
1. Throughout new buildings.
Exceptions:
1. Buildings containing Groups A, B, E, F, H-4, M, S, and U
occupancies where floor area is not more than 1000 square feet (92.9
m2), unless located in the commercial fire zone shown in Figure 6-
A.
2. Buildings of non-combustible construction located in the
commercial fire zone shown in Figure 6-A containing Groups A, B,
E, F, H-4, M, S, and U occupancies where floor area is not more
than 1000 square feet (92.9 m2).
3. Buildings located in the commercial fire zone shown in Figure 6-A
containing Groups A, B, E, F, H-4, M, S, and U occupancies where
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floor area is not more than 1000 square feet (92.9 m2) and the
building is entirely surrounded by yards or public ways not less than
20 feet (6096 mm) in width.
2. Throughout an existing building whenever alterations or additions result in an
increase of more than 1000 square feet (92.9 m2) of floor area, including
mezzanines or additional stories, or whenever the cost of alterations to an
existing building having a floor area of more than 1000 square feet (92.9m2)
exceeds 50 percent of the replacement cost of the building as determined by the
building official. The cost of alteration and increase in floor area shall include
all corresponding data from permits issued to the building for the previous five
years.
Exception: Group R, Division 3 and Group U occupancies.
3. In additions to existing buildings equipped with an automatic fire sprinkler
system.
4. Throughout an existing building where there is an occupancy classification
change for floor area exceeding 1000 square feet (92.9m2). The provisions of
Section 3406.1 shall not eliminate the requirement for an automatic fire
sprinkler system.
Exceptions:
1. An attached Group U occupancy changed to a Group R, Division 3
occupancy, provided the building was constructed before July 7,
1990 and there is no increase in floor area.
2. Occupancy classification changes to Groups F, M, S, and U from an
equivalent category as defined in previous editions of this code.
5. In buildings where cellulose nitrate film or pyroxylin plastics are manufactured,
stored or handled.
For the purpose of requiring the automatic fire sprinkler systems specified in this
chapter, the floor area within the surrounding exterior walls together with the floor area
within the horizontal projection of the roof shall be considered as one building.
903.2.1 through 903.2.10 not used. Text continues with Section 903.2.11.
U. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section 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 except as provided in Section 903.3.1.1.1. Sprinkler system
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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.
1. Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the fire code official, provided such
rooms or areas are separated from the remainder of the building by fire barriers
consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-
resistance–rated floor/ceiling assemblies.
3. Generator and transformer rooms separated from the remainder of the building
by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance
rating of not less than 2 hours.
V. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall contact
and notify the police/fire dispatch center immediately on notification of an alarm and
prior to making contact with the protected premises.
W. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves shall
be provided at the point of connection to the riser on each floor in all buildings two or
more stories in height or in single-story buildings having a gross floor area of 10,000
square feet or more zoned into no more than 5,000 square- foot areas for the purpose
of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in buildings equipped with an
automatic fire extinguishing system installed in accordance with Section 903.3.1.3.
X. 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
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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.
Y. 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.
Z. 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.
AA. Delete Section 1030.1 Item 2, Exception 6
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. 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, natural waterways, or where the
discharge is designed in accordance with the Drainage Design Manual.
DD. Add Section 1809.7.1 to read as follows:
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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.
EE. 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.
FF. 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 through the floor slab.
Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3, such as
garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet (6.5
m2) and carports attached to occupancies in Group R-3.
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3. For buildings or other occupancies where migration of moisture through the
slab from below will not be detrimental to the intended occupancy of the
building.
4. For driveways, walks, patios and other flatwork which will not be enclosed
at a later date.
5. Where approved based on local site conditions.
1907.2 Minimum reinforcing. Minimum reinforcing for slabs on grade shall be No.
3 bars at 24 inches (609.6 mm) on center each way placed at midpoint of slab thickness.
Slab reinforcement shall extend to within 2 inches (50.8 mm) of the exterior edge of
slabs.
1907.3 Slab to foundation connection. Tie bar reinforcing between slabs on grade
and foundation stem walls shall be No. 3 bars at 24 inches (609.6 mm) on center, placed
in foundation walls and bent at least 24 inches (609.6 mm) into the slabs and tied to the
slab reinforcing.
Exception: Floating slabs justified by an engineered design.
1907.4 Moisture content. Moisture content for expansive soils shall be 100 percent
of optimum to a depth of 18 inches (609.6 mm) below slab bottoms and shall be
maintained until slabs are poured. Soils under slabs shall be tested for moisture content
and slabs shall be poured within 24 hours of obtaining the required moisture content.
The area under raised floors need not be premoistened.
1907.5 Penetrations. Openings in slabs on grade for bathtub piping and traps,
planters or other similar uses shall be sealed with concrete not less than 2 inches (50.8
mm) in thickness.
Exception: Plastic tub boxes may be used in lieu of concrete if properly sealed
around all edges and pipe penetrations.
GG. 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.
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HH. Amend Appendix Section G102.2 to read as follows:
G102.2 Establishment of flood hazard areas. Flood hazard areas are established in
the current edition of the City of San Luis Obispo’s Flood Insurance Rate Maps. All
construction work within designated flood hazard areas shall comply with the
Floodplain Management Regulations contained in San Luis Obispo Municipal Code
Section 17.84.
For the enforcement provisions of this appendix for flood resistant construction under
the purview of the City Engineer, Building Official may mean City Engineer.
II. Amend the title of Appendix Section G501 to read as
“BUILDINGS AND MANUFACTURED HOMES”
JJ. Amend Appendix Section G501.1 to read as follows:
G501.1 Elevation. All new and replacement buildings and/or manufactured homes
to be built, placed or substantially improved within a flood hazard area shall comply
with the Floodplain Management Regulations contained in San Luis Obispo Municipal
Code Section 17.84.
KK. Amend Appendix Section G1001.3 to read as follows:
G1001.3 Elevation. Utility and miscellaneous Group U buildings and structures,
including substantial improvement of such buildings or structures, shall comply with
the Floodplain Management Regulations contained in San Luis Obispo Municipal Code
Section 17.84.
LL. Amend Appendix Section G1001.6 to read as follows:
G1001.6 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 17.84. 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.
MM. 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.
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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.
NN. Add Appendix Sections J101.3 through J101.7 to read as follows:
J101.3 Hazardous conditions. Whenever the building official determines that any
existing excavation or embankment or fill on private property has become a hazard to
life and limb, or endangers property, or adversely affects the safety, use or stability of
a public way or drainage channel, the owner of the property upon which the excavation
or fill is located, or other person or agent in control of said property, upon receipt of
notice in writing from the building official, shall within the period specified therein
repair or eliminate such excavation or embankment so as to eliminate the hazard and
be in conformance with the requirements of this code.
J101.4 Dust control. All graded surfaces shall be wetted, protected or contained
in such manner as to prevent dust or spill upon any adjoining property or street.
J101.5 Emergency grading. The building official may authorize emergency
grading operations upon any site when necessary for the protection of the public health,
safety and welfare. Other city departments may take emergency action necessary to
protect public facilities.
J101.6 Special grading standards. The topography of a site proposed for
development shall remain substantially in its natural state. Mass recontouring shall not
be allowed. In all cases the average cross slope of a site shall be determined prior to
any grading operations or approval of any grading plan. Where a site does not slope
uniformly, the building official or city engineer shall determine average cross slope by
proportional weighting of the cross slopes of uniformly sloping subareas. The
percentage of the site, exclusive of building area, to remain in its natural state shall be
in accordance with Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The
rounded edges shall have a radius equal to one-half the height of the cut or fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a
tentative subdivision map, development proposal, or similar entitlement consistent with
General Plan policies and other hillside standards is not subject to the specific grading
limitations noted in this section.
J101.7 Approval for building construction. Prior to commencement of any
building construction, pursuant to a building permit for the graded site, a benchmark
shall be provided to verify that the building site is graded in conformance with the
approved grading plan. No building construction shall be started until the building
official or city engineer has verified that the rough grading conforms to the approved
plan, including any interim or permanent erosion control measures deemed necessary.
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OO. 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.
PP. Amend Appendix Section J103 to read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall
be performed without first having obtained a permit therefore from the building official.
A grading permit does not include the construction of retaining walls or other
structures. A grading permit shall be required for all work within any waterway,
including, but not limited to, earthwork, construction of drainage devices or erosion
control devices, removal of vegetation and modifications of banks and the bottom of
the waterway which may in the natural course of events lead to changes in flow
characteristics. A grading permit shall be required for all work that will create a
stockpile of any earth material, subject to the surety bond required by Section J103.4
to guarantee restoration of the site to a natural or other condition acceptable to the
building official.
J103.2 Exempted Work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the
public, and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel,
aggregate, or clay controlled by other regulations, provided such operations do
not affect the lateral support of, or significantly increase stresses in, soil on
adjoining properties.
7. Exploratory excavations performed under the direction of a registered design
professional.
8. An excavation which does not exceed fifty cubic yards and (1) is less than 2
feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet
(1524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a
slope flatter than 1 unit vertical to 5 units horizontal, or less than 3 feet (914
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mm) in depth, not intended to support structures, that does not exceed 50 cubic
yards (38.3 m3) on any one lot and does not obstruct a drainage course.
10. Routine streambed 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.
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.
QQ. 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.
RR. Amend Appendix Section J110.1 to read as follows:
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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.
SS. Add Appendix Table J101.6 as follows:
TABLE J101.6
GRADING TO REMAIN IN NATURAL STATE
Percent Average Cross Slope Percent of Site to Remain in Natural State
0-5 0
6-10 25
11-15 40
16-20 60
21-25 80
26-30 90
Above 30 100
SECTION 15.04.030 AMENDMENTS; CALIFORNIA RESIDENTIAL CODE
Adopt as approved by state agencies and amend the following sections:
A. Delete Chapter 1, Division II. Administration of the residential code shall be as set
forth in Chapter 1, Division II of the California Building Code.
B. 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.
C. Delete Section R310.1, Exception 2
D. 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.
E. Amend Section R322.1 to read as follows:
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R322.1 General. Buildings and structures constructed in whole or in part in flood
hazard areas (including A or V Zones) identified in the current edition of the City of
San Luis Obispo’s Flood Insurance Rating Map shall be designed and constructed in
accordance with the provisions contained in this section and the flood plain
management regulations contained in San Luis Obispo Municipal Code Section 17.84,
whichever is more stringent. Buildings and structures located in whole or in part in
identified floodways shall be designed and constructed in accordance with ASCE 24.
F. Add Section R337.1.2 to read as follows:
R337.1.2 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.
G. 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 California Residential Code shall be per California Building Code Section 1809 or
1810.
SECTION 15.04.040 AMENDMENTS; CALIFORNIA EXISTING BUILDING CODE
A. Amend Appendix Section A101 to read as follows:
SECTION A101
PURPOSE
The purpose of this chapter is to promote public safety and welfare by reducing the risk
of death or injury that may result from the effects of earthquakes on existing buildings
of unreinforced masonry wall construction.
The provisions of this chapter are intended as minimum standards for structural seismic
resistance established primarily to reduce the risk of life loss or injury. Compliance
with these standards will not necessarily prevent loss of life or injury or prevent
earthquake damage to retrofitted buildings.
B. Amend Appendix Section A102.1 to read as follows:
A102.1 General. The provisions of this chapter shall apply to all existing buildings
having at least one unreinforced masonry wall. The elements regulated by this chapter
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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.
C. Amend Appendix Section A103 to add the following definitions:
LEVEL A STRENGTHENING of an unreinforced masonry building is compliance
with the provisions of this chapter, limited to the removal of or bracing of parapets,
installation of anchors between walls and roof, and installation of anchors between
walls and floors.
LEVEL B STRENGTHENING of an unreinforced masonry building is compliance
with all provisions of this chapter.
D. Amend Appendix Section A109.2 to read as follows:
A109.2 Selection of Procedure. Buildings shall be analyzed by the General
Procedure of Section A110, which is based on Chapter 16 of the California Building
Code, or when applicable, buildings may be analyzed by the Special Procedure of
A111. Buildings with a substantially complete steel or concrete frame capable of
supporting gravity dead and live loads and that utilize unreinforced masonry walls as
non-bearing infill between frame members shall be analyzed by a procedure approved
by the building official. Qualified historic structures may be analyzed per the California
Building Standards Code, Part 8, California Historical Building Code.
E. Add new Appendix Section A115 entitled "Administrative Provisions" to read as
follows:
SECTION A115
ADMINISTRATIVE PROVISIONS
A115.1 Compliance Requirements.
A115.1.1 Strengthening deadlines. The owner of a building within the scope of this
chapter shall structurally alter the building to conform to Level B Strengthening by July
1, 2010 or when one of the following occurs:
1. The value of additions, alterations, and/or maintenance repairs requiring a
building permit, cumulative from March 4, 1992, exceeds 50 percent of the
replacement cost of the building established by the building official per
Appendix Section 108.3 of the Building Code, which may include a certified
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appraisal report. The cumulative value of alterations and maintenance repairs
need not include reroofing, Level A Strengthening, and installation of an
automatic fire sprinkler system.
Exception: Buildings containing more than one tenant space if the floor
area of altered tenant spaces, cumulative from March 4, 1992, does not
exceed 50 percent of the total floor area of the building.
2. The use of the building changes to a different division of the same occupancy
group or to a different occupancy group.
Exceptions:
1. Notwithstanding the provisions of Section 3408 of the Building
Code, buildings containing more than one occupancy classification
need not be strengthened if the total floor area for changes in use,
cumulative from March 4, 1992, does not exceed 50 percent of the
floor area of the building.
2. Occupancy classification changes to Groups F, M, S and U from an
equivalent category as defined in the previous editions of this code.
3. An occupancy classification change to a Group R-2 Occupancy with
not more than five dwelling units.
4. An occupancy classification change to a Group S Occupancy used
exclusively as a warehouse with no human habitation.
3. If Level A strengthening work is completed by July 1, 2007, completion of the
remaining work to satisfy Level B strengthening requirements may be delayed
until July 1, 2012. If Level A work is not completed by July 1, 2007, the City
Council will set a Level B completion deadline for each building on the basis
of relative hazard, but not later than July 1, 2010.
Exception: The building official, on a case-by-case basis, may approve an
alternate strengthening plan deemed equivalent to Level A strengthening if:
1. A greater than 50 percent reduction in the unreinforced masonry
hazard for the building is accomplished by July 1, 2007; and,
2. A written agreement includes an acceptable work plan and timeline;
and,
3. The plan completes Level B strengthening by July 1, 2012.
A115.1.2 Permits. The owner of a building within the scope of this chapter shall
submit a complete application for a building permit to the building official to strengthen
the building to Level B requirements by July 1, 2005. The building permit shall be
obtained by January 1, 2006, and shall remain valid until required Level B
strengthening work is completed per Section A115.1.1.
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Exception: For seismic strengthening or demolition projects that require approval
of a planning application by a City process, the planning application shall be
submitted to the Community Development Department by July 1, 2005. The
application for building or demolition permit shall be submitted following approval
of the planning application, and a building or demolition permit shall be obtained
by January 1, 2006.
A115.1.3 Posting of sign. The owner of a building within the scope of this chapter
shall post, at a conspicuous place near the primary entrances to the building, a sign
provided by the building official stating “This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the event of a major earthquake”.
The sign shall be posted within 60 days of receipt by the building owner per installation
standards established by the building official.
A115.2 Notice and Order
A115.2.1 General. The building official shall, within 30 days of the determination
that a building is of unreinforced masonry construction issue a notice and order as
provided in this section to the owner of a building within the scope of this chapter.
A115.2.2 Service of notice and order. A notice or order issued pursuant to this
section shall be in writing and shall be served either personally or by certified or
registered mail upon the owner as shown on the last equalized assessment roll, and
upon the person, if any, in apparent charge or control of the building. The failure of any
such person to receive such notice or order shall not affect the validity of any
proceedings taken under this chapter or relieve any such person from any duty or
obligation imposed on him by the provisions of this chapter.
A115.2.3 Content of notice and order. The notice shall specify that the building has
been determined by the building official to be within the scope of this chapter and,
therefore, is subject to the minimum seismic standards of this chapter. The order shall
direct the owner to obtain a building or demolition permit as required by this chapter
and cause the building to be structurally altered to conform to the provisions of this
chapter, or cause the building to be demolished. The notice or order shall be
accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities.
A115.3 Appeal. The owner of the building may appeal the building official's initial
determination that the building is within the scope of this chapter to the Board of
Appeals established by Chapter 1, Division II, Section 113 of the California Building
Code, as adopted. Such appeal shall be filed with the Board within 60 days from the
service date of the order described in Section A115.2. Any appeal shall be decided by
the Board no later than 90 days after filing and the grounds thereof shall be stated
clearly and concisely. Appeals or requests for modifications from any other
determinations, orders or actions by the building official pursuant to this chapter shall
be made in accordance with the procedures established in Chapter 1, Division II,
Section 104.10 of the California Building Code.
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A115.5 Recordation. At the time that the building official serves the
aforementioned notice, the building official shall also file and record with the office of
the county recorder a certificate stating that the subject building is within the scope of
this chapter and is a potentially earthquake hazardous building. The certificate shall
also state that the owner thereof will be ordered to structurally analyze the building to
determine compliance with this chapter.
If the building is either demolished, found not to be within the scope of this chapter, or
is structurally capable of resisting minimum seismic forces required by this chapter as
a result of structural alterations or an analysis, the building official shall file and record
with the office of the county recorder a form terminating the status of the subject
building as being classified within the scope of this chapter.
A115.6 Enforcement. If the owner in charge or control of the subject building fails
to comply with any order issued by the building official pursuant to this chapter within
the time limit set forth in Section A115.1, the building official shall verify that the
record owner of this building has been properly served. If the order has been served
on the record owner, then the following provisions apply:
1. The building official may order that the entire building be vacated and that the
building remain vacated until such order has been complied with. If compliance
with such order has not been accomplished within 90 days after the date the
building has been ordered vacated or such additional time as may have been
granted by the Board of Appeals, the building official may order its demolition
in accordance with the provisions of Sections 107, 108, and 109 of the
International Property Maintenance Code.
2. Any person who violates any provision of this chapter is guilty of a misdemeanor,
and is subject to the penalty as provided for in Chapter 1.12 of the City of San
Luis Obispo Municipal Code. The City may also pursue alternative civil remedies
as set forth in Section 1.12.090 of the Municipal Code.
A115.7 Program monitoring and annual report. During January of each year,
the building official shall submit a report to the City Council outlining the progress to
date concerning reduction of the hazards presented by the unreinforced masonry
building inventory for the City. The report shall include:
1. The number of unreinforced masonry buildings strengthened, demolished, or
otherwise eliminated from the inventory;
2. The number of unreinforced masonry buildings remaining on the inventory,
including the status of orders issued pursuant to this Chapter that are not
resolved.
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A115.8 Automatic Fire Sprinkler Systems. Buildings within the scope of this
chapter located in the commercial fire zone shown in Figure 9-A of the California Fire
Code, as amended, shall install an automatic fire sprinkler system in conjunction with
level B strengthening deadlines in accordance with Section 903.2.1 of the California
Fire Code, as amended in Municipal Code Section 15.04.100, unless a later installation
date is granted by both the building official and fire code official.
TT. Add Appendix Chapter A6 to read as follows:
Appendix Chapter A6
DEMOLITION AND MOVING
OF BUILDINGS
SECTION 601
GENERAL
A601.1 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.
A601.2 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.
A601.3 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 602
DEFINITIONS
Section A602 General. For the purposes of this appendix, certain terms, words and
their derivatives shall be defined as specified in this section.
ARC means the Architectural Review Commission appointed by the City Council.
CHC means the Cultural Heritage Committee appointed by the City Council.
Demolition means the complete or partial removal of a structure.
Foundation means the structure, usually of concrete, resting on or in the ground,
including the footing, on which a building is erected.
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Foundation wall means the walls of concrete or masonry that support a building.
Inventory of Historical Resources is the Master List of Historic Resources and the
Listing of Contributing Properties within Historical Preservation Districts approved by
the City Council.
Municipal Code means the San Luis Obispo Municipal Code.
Potential Historic Resource means a building which may meet the Criteria for
Historic Listing found in the City of San Luis Obispo Historic Preservation Program,
but which has not been evaluated or listed as an historic resource.
Slab means a flat piece of material, usually of concrete, placed on the ground for use
as a building floor, patio, driveway, walk, ball court and/or similar uses.
Structure means any human made site feature, including signs, walls, fences,
buildings, monuments, or similar features.
Substructure means the foundation of a building or structure including the piers and
piles.
SECTION A603
PERMIT REQUIREMENTS
A603.1 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.
A603.2 Moving and Relocation of Buildings.
A603.2.1 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.
A603.2.2 Transportation and building permits required. For moving projects, a
transportation permit shall be obtained from the public works director subsequent to
issuance of a moving permit. Building, plumbing, electrical, and mechanical permits
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shall be required for all work necessary for the placement of a moved or relocated
building.
A603.3 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.
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.
A603.4 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
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one thousand dollars or twenty percent of the value of the demolition contract price,
whichever is greater. The amount of the guarantee for moving a building or structure
shall be twenty percent of the total value of all work to be accomplished and associated
with moving of the building, but not less than five thousand dollars. Work required to
comply with this section may be completed by the city after the time limits stated have
expired and shall be paid from the deposit. The deposit shall not be released until such
work is completed.
Exceptions:
1. No guarantee will be required when the demolition permit is issued at the
same time as a building permit for a redevelopment project.
2. When the structure to be moved is to be relocated outside the limits of the
city, the amount of the guarantee may be reduced when approved by the
building official, but in no case shall be less than one thousand dollars.
A603.5 Indemnity. Every person, firm or corporation to whom permission has
been granted under the terms of this chapter and other ordinances to utilize public
property for the demolition or moving of any building or structure shall at all times
assume responsibility for any damage to public property. Such permission shall be
further conditioned that any person, firm or corporation shall, as a consideration for the
use of public property, at all times release, hold harmless and indemnify the city and
all of its agents and employees from any and all responsibility, liability, loss or damage
resulting to any persons or property caused by or incidental to the demolition or moving
work. Written indemnification in a form acceptable to the city attorney shall be
provided.
A603.6 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.
A603.7 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,
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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.
A603.8 Disconnecting service lines. Prior to the issuance of a permit to demolish
or relocate a building or structure, the permit applicant shall complete the following to
the satisfaction of the building official:
1. Electrical service. The power to all electric service lines shall be shut-off and
all such lines cut or disconnected outside the property line. Prior to the cutting
of such lines, the property owner or his agent shall notify and obtain the
approval of the electric service agency.
2. Other service. All gas, water, steam, storm, sanitary sewers, and other service
lines shall be shut-off and/or abandoned as required by the public works
director, utilities director, or other agency
SECTION A604
PUBLIC SAFETY REQUIREMENTS
A604.1 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.
A604.2 Dust and debris. During demolition operations, all material removed shall
be wet sufficiently or otherwise handled to control the dust incidental to removal.
All adjacent streets, alleys and other public ways and places shall be kept free and clear
of all rubbish, refuse and loose material resulting from the moving, demolition or
demolition removal operations, except as allowed by temporary encroachment permits
approved by the public works director.
SECTION A605
REMOVAL OF MATERIALS
A605.1 General. All building rubble and debris shall be removed from the
demolition site to an approved point of disposal.
A605.2 Foundations. All foundations, concrete slabs and building substructures
shall be removed to the satisfaction of the building official.
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Exception: Foundations, concrete slabs on grade and building substructures may
remain if the site is fenced to the satisfaction of the building official.
A605.3 Completion. Upon completion of the removal of a building or structure by
either demolition or moving, the ground shall be left in a smooth condition free of
demolition debris. Holes in the ground, basements or cellars, shall be filled to existing
grade.
Exception: The filling of such excavation may not be required when a building
permit has been issued for a new building on the site and the construction thereof
is to start within sixty days after the completion of demolition or moving operations
and the permittee provides a temporary barricade protecting the excavation on all
sides to the satisfaction of the building official.
SECTION 15.04.050 AMENDMENTS; CALIFORNIA MECHANICAL CODE
A. Delete Chapter 1, Division II and Table 104.5. Administration of the mechanical code
shall be as set forth in Chapter 1, Division II of the California Building Code.
B. Delete Appendix Chapter E.
SECTION 15.04.060 AMENDMENTS; CALIFORNIA PLUMBING CODE
A. Delete Chapter 1, Division II, Table 104.5 and Appendix Chapters F and L.
Administration of the plumbing code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Section 314.4 to read as follows:
314.4 All excavations shall be completely backfilled as soon after inspection as
practicable. A layer of sand or fine gravel shall be placed in all sewer trenches to
provide a leveling and laying bed for pipe. Adequate precaution shall be taken to insure
proper compactness of backfill around piping without damage to such piping. Trenches
shall be backfilled in thin layers to twelve (12) inches (.3 m) above the top of the piping
with clean earth which shall not contain stones, boulders, cinderfill, frozen earth,
construction debris or other materials which would damage or break the piping or cause
corrosive action. Mechanical devices such as bulldozers, graders, etc., may then be
used to complete backfill to grade. Fill shall be properly compacted. Suitable
precautions shall be taken to insure permanent stability for pipe laid in filled or made
ground.
C. Amend Section 715.2 to read as follows:
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715.2 Joining Methods and Materials. Joining methods and materials for building
sewers shall be as prescribed in this code and shall only have joints that are glued,
solvent cemented, heat fused or welded.
Exception: “Strongback” type couplings may be used when connecting new or
replaced pipe to existing materials.
D. Add Section 1101.3.1 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.
E. 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 15.04.070 AMENDMENTS; CALIFORNIA ELECTRICAL CODE
A. Administration of the electrical code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Article (A)(1) to read as follows:
(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily
accessible location either outside the building or other structure, or inside nearest the
point of entrance of the service conductors. The disconnecting means shall be
accessible to emergency personnel, either directly or by a remote actuating device,
without requiring transit of the building interior. Dedicated electrical equipment rooms
located at the building perimeter and providing direct access to the outside shall satisfy
accessibility for emergency personnel.
SECTION 15.04.080 AMENDMENTS; INTERNATIONAL PROPERTY
MAINTENANCE CODE
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A. Delete Chapter 1 with the exception of Section 101.1 which is amended to read as
follows:
101.1 Administrative Provisions. The administrative provisions for the enforcement
of the International Property Maintenance Code shall be as set for the in the Uniform
Housing Code, The Uniform Code for the Abatement of Dangerous Buildings, and
other provisions of the San Luis Obispo Municipal Code.
SECTION 15.04.090 PERMITS REQUIRED FOR WELL CONSTRUCTION
A. No person shall construct, repair, modify, abandon or destroy any water well without
first obtaining a permit from the City. As used herein, "water well" shall mean an
artificial excavation constructed by any method for the purpose of extracting water
from, or injecting water into, the underground.
B. All work performed pursuant to each such permit shall be in conformance with all State
laws and standards including applicable portions of Department of Water Resources
Bulletin No. 74-81, all City ordinances, resolutions and policies relating thereto, and
such permit conditions as may be imposed by the City.
C. Any water well-constructed, repaired, modified, destroyed, abandoned, or operated in
violation of this section or the permit requirements shall constitute a public nuisance
which may be abated by the City. A person who digs, drills, excavates, constructs, owns
or controls any well and abandons such well and a person who owns, occupies,
possesses or controls any premises on which an abandoned well exists shall cap or
otherwise securely cover, cap or protect the entrance to the well. The capping or
covering shall be so constructed and installed as will prevent any human being from
suffering any bodily injury or death, through accident or inadvertence, by reason of the
existence of the well.
15.04.100 AMENDMENTS; CALIFORNIA FIRE CODE
A. Delete Appendix Chapter A.
B. Amend Chapter 1, Division II, Section 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”.
C. Amend Chapter 1, Division II, Section 105.1.1 to read as follows:
105.1.1 Permits required. Permits required by this code shall be obtained from the
fire code official. A fee for each permit shall be paid prior to issuance of the permit, in
accordance with the schedule as established by the applicable governing authority.
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Issued permits shall be kept on the premises designated therein at all times and shall be
readily available for inspection by the fire code official.
D. Amend Chapter 1, Division II, Section 108 to read as follows:
108 Board of appeals established. In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the application
and interpretation of this code, there shall be and is hereby created a board of appeals.
The board of appeals shall be established as set forth in Chapter 1, Division II Section
113 of the California Building Code, as amended in Section 15.04.020 of the San Luis
Obispo Municipal Code. The fire code official shall be an ex officio member of said
board but shall have no vote on any matter before the board. The board shall adopt rules
of procedure for conducting its business, and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the fire code official.
E. Amend Chapter 1, Division II, Section 109.3 to read as follows:
109.4 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.
F. Amend Chapter 1, Division II, Section 111.4 to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform
to remove a violation or unsafe condition, shall be liable to a fine of not less than that
established by Municipal Code Section 1.12.040.
G. Amend Section 302.1 to add the following definition 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.
H. Amend Section 307.1.1 and 307.2 to read as follows:
307.1.1 Prohibited open burning. No waste matter, combustible material or refuse
shall be burned in the open air within the city. Agricultural, ceremonial or similar types
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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.
307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or
range or wildlife management practices, prevention or control of disease or pests.
Application for such approval shall only be presented by and permits issued to the
owner of the land upon which the fire is to be kindled.
I. Amend Sections 307.4.1 and 307.4.2 to read as follows:
307.4.1 Bonfires. Bonfires shall be prohibited.
307.4.2 Recreational fires. Recreational fires shall be prohibited.
Exception: Recreational fires may be permitted in approved, non-combustible
commercially built containers, measuring no more than 3 feet in diameter and 2 feet
tall, raised at least 6 inches off the ground with non-combustible legs and having a
non-combustible spark arrester screen with holes no larger than ¼ inch. The ground
beneath this container shall be clear of combustible material for 10 feet in diameter,
and 10 feet away from combustible construction. The material being burned shall
be wood only and shall not include pressure treated lumber. A pre-connected
garden hose shall be accessible.
J. Amend Section 308.1.6.3 to read as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns is prohibited.
Exceptions:
(1) Upon approval of the fire code official, sky lanterns may be used under the
following conditions:
(a) When necessary for religious or cultural ceremonies and adequate
safeguards have been taken in the discretion of the fire code official. Sky
lanterns must be tethered in a safe manner to prevent them from leaving the area
and must be constantly attended until extinguished.
K. Amend Section 405.7 to read as follows:
405.7 Initiation. Where a fire alarm system is provided, emergency evacuation
drills shall be initiated by activating the fire alarm system. Prior to initiating an alarm,
the person initiating the alarm shall contact the fire alarm monitoring company and
advise the company’s dispatcher of the fire drill. In cases where the fire alarm system
is not monitored by a central station, notification shall be provided to the fire
department dispatch center.
Commented [MR25]: Added language to address fire safety
hazards related to illegal camp fires.
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L. 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, firefighting or rescue operations would not
be impaired.
503.1.2 Additional access. The fire code official is authorized to require more than
one fire apparatus access/egress road based on the potential for impairment of a single
road by vehicle congestion, condition of terrain, climatic conditions or other factors
that could limit access/egress.
M. Amend Section 503.2.5 to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet (45
720 mm) in length shall be provided with an approved area for turning around fire
apparatus.
Exception: Where buildings along the dead-end road are protected by an approved
fire sprinkler system throughout, the distance may be increased to 300 feet (91 440
mm).
N. 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.
O. 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
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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.
P. 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.
Q. 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.
R. 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.
S. Amend Section 603.1.4 to read as follows:
603.1.4 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the
burner is approved and as stipulated by the burner manufacturer. Oil containing
gasoline shall not be used.
T. Amend Section 603.9 to read as follows:
603.9 Gas meters. Above-ground gas meters, regulators and piping subject to
damage shall be protected by a barrier complying with Section 312 or otherwise
protected in an approved manner. Gas meters shall be permanently marked and
identified as to the building or system served.
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U. Amend Section 608.1 to read as follows:
Section 608.1 Scope. Stationary storage battery systems having an electrolyte
capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-
Cd) and valve-regulated lead acid (VRLA), or 1,000 pounds (454 kg) for lithium-ion
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 608.1.
V. Amend Section 901.4.2 and Section 901.4.4 to read as follows:
901.4.2 Non-required fire protection systems. Any fire protection system or
portion thereof not required by this code or the California Building Code may be
allowed, when approved by the fire code official, to be furnished for partial or complete
protection provided such installed system meets the requirements of this code and the
California Building Code.
901.4.4 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 equipment required under this section shall be
installed in accordance with this code and applicable referenced standards.
W. Amend Section 901.6 to read as follows:
Section 901.6 Inspection, testing and maintenance. Fire detection, alarm and
extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents
shall be maintained in an operative condition at all times and shall be replaced or
repaired where defective. Non-required fire protection systems and equipment shall be
inspected, tested and maintained or removed. No person shall cause a response of
emergency personnel due to failure of notifying police/fire dispatch of any drill, testing,
maintenance, installation of, repair or alteration to any fire protection system.
X. Amend Section 903.2, add Section 903.2.1 and 903.2.2 and delete Sections 903.2.1
through 903.2.10 to read as follows:
903.2 General. An automatic fire-extinguishing system shall be installed in new
buildings as set forth in Section 903.2 of the California Building Code as amended by
Section 15.04.020 of the San Luis Obispo Municipal Code.
903.2.21 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
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fire sprinkler lateral, shall have an automatic fire sprinkler system installed and
operational within 24 months of the approval and acceptance of the lateral by the City.
Exceptions:
1. The installation of an automatic fire sprinkler system required by Section
903.2.1 in a building of unreinforced masonry construction not strengthened by
July 1, 2007 shall coincide with the strengthening dates established by
Resolution #9890 (2007). City Council established dates range from 2008 to
2010 based on the relative hazard of the building.
2. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to July 1, 2007, shall be completed and operational by July 1, 2012.
3. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to October 1, 2004, shall be completed and operational by January 1, 2017.
FIGURE 9-A – COMMERCIAL FIRE ZONE
903.2.22 Notification. Whenever the fire code official determines that a building is
subject to the minimum requirements of Section 903.2.1, the building owner shall be
notified in writing that an automatic fire-sprinkler system shall be installed in the
building.
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The notice shall specify in what manner the building fails to meet the minimum
requirements of Section 903.2.1. It shall direct that plans be submitted, that necessary
permits be obtained, and that installation be completed by the specified date. The fire
department shall serve the notice, either personally or by certified or registered mail,
upon the owner as shown on the last-equalized assessment roll and upon the person, if
any, in real or apparent charge or control of the building.
Section 903.2.3 through Section 903.2.10 not used. Text continues with Section
903.2.11.
Y. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section and where a building is considered as mixed
occupancy due to the presence of two or more uses that are classified into different
occupancy groups, sprinklers shall be installed throughout in accordance with NFPA 13
as amended in Chapter 80 except as provided in Section 903.3.1.1.1.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies,
automatic sprinklers shall not be required in the following rooms or areas where such
rooms or areas are protected with an approved alternative automatic fire extinguishing
system in accordance with Section 904. Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1.-7. No change.
Z. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall contact
and notify the police/fire dispatch center immediately on notification of an alarm and
prior to making contact with the protected premises.
AA. 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.
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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.
BB. Amend Section 905.3.1 to read as follows:
905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe
systems shall be installed throughout at each floor where any of the following occur.
1. Buildings where the floor level of the highest story is located more than 30 feet
(9144 mm) above the lowest level of fire department vehicle access.
2. Buildings that are four or more stories in height.
3. Buildings where the floor level of the lowest story is located more than 30 feet
(9144 mm) below the highest level of fire department vehicle access.
4. Buildings that are two or more stories below the highest level of fire department
vehicle access.
5. In any parking structure exceeding one level above or one level below grade.
CC. 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.
DD. 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.
EE. Delete Section 1030.1 Item 2, Exception 6
FF. 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.
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GG. 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).
HH. 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).
II. 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.
JJ. Delete Section 3304.3 and amend Section 3304.5 to read as follows.
Section 3304.5 Fire watch. When required by the fire code official for
construction, alteration or building demolition that is hazardous in nature, qualified
personnel shall be provided to serve as on-site fire watch. Fire watch personnel shall
be provided with at least one approved means for notification of the fire department
and their sole duty shall be to perform constant patrols and watch for the occurrence of
fire.
KK. Amend Section 3310.1 to read as follows:
Section 3310.1 Required access. Approved vehicle access for firefighting shall be
provided to all construction or demolition sites. Vehicle access shall be provided to
within 150 feet of all combustible material. Vehicle access shall be provided by either
temporary or permanent roads, capable of supporting vehicle loading under all weather
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conditions. Vehicle access roads shall be maintained until permanent fire apparatus
access roads are available.
LL. Amend Section 3312.1 to read as follows:
Section 3312.1 When required. An approved water supply for fire protection,
either temporary or permanent, shall be made available prior to combustible material
arriving on the site.
MM. Amend Section 4901.1 to read as follows:
4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative
fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire
suppression capabilities, or result in large property losses shall comply with this
chapter. In determining requirements for properties located within the wildland-urban
interface fire area, the fire code official may be guided by the requirements of the
International Wildland-Urban Interface Code and National Fire Protection Association
Standards.
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.
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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. - 10 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.
QQ. Amend Section 5704.2.7 and Delete the Exception to Section 5704.2.7.5.8 to read as
follows:
5704.2.7 Design, construction and general installation requirements for tanks.
All tanks shall be protected tanks as defined in Section 5702. The design, fabrication,
and construction of tanks shall comply with NFPA 30. Tanks shall be of double-walled
construction and listed by Underwriters Laboratories (UL). Each tank shall bear a
permanent nameplate or marking indicating the standard used as the basis of design.
5704.2.7.5.8 Over-fill prevention. An approved means or method in accordance with
Section 5704.2.9.7.6 shall be provided to prevent the over-fill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have over-fill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.6 shall be provided
to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning
equipment inside buildings
RR. Amend 5704.2.8.3 to read as follows:
5704.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall be no
backfill around the tank or within the vault. The vault floor shall drain to a sump. For
pre-manufactured vaults, liquid tightness shall be certified as part of the listing
provided by a nationally recognized testing laboratory. For field-erected vaults, liquid
tightness shall be certified in an approved manner.
SS. Add Section 5704.2.8.11.1 to read as follows:
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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.
TT. 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.
UU. Amend Section 5704.2.13.1.4 to read as follows:
5704.2.13.1.4 Tanks abandoned in place. A tank owner/operator proposing to
abandon a tank in place shall submit a permit application to the fire department for
assessment of soil contamination around the tank and product, vent and vapor piping.
If contamination is confirmed, a work plan for additional assessment or remediation
shall be submitted to the fire department within 30 days. If a tank is approved for
abandonment in place, the property owner will be required place a deed notice on the
property. The deed notice shall be notarized and recorded with the San Luis Obispo
County Clerk Recorder’s Office within 30 days of tank abandonment. Tanks
abandoned in place shall be as follows:
VV. 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.
WW. 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.
XX. 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
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unless approved by the fire code official. In residential occupancies, LPG containers
are limited to 5 gallons (19 L) for use in outdoor appliances.
YY. Amend the Exception to Appendix Section B105.1 and the title of Table B105.1 (1)
to read as follows:
B105.2 One- 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).
Table B105.1(1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS
The remainder of the table is unchanged.
ZZ. 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).
AAA. Amend Appendix Section D103.1 to read as follows:
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus road, the minimum road width shall be 26 feet (7925 mm). See Figure
D103.1.
Exceptions to Figure D103.1: Cul-de-sac diameter may be a minimum of 70 feet
as approved by the fire code official. Parking in cul-de-sacs of less than 96 feet in
diameter shall be approved by the fire code official.
BBB. 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.
Commented [MR26]: Propane, unlike natural gas, is a heavier
than air gas and has a high expansion ratio and wider explosive
range. The requirement for propane tanks with the sufficient
capacity for home utility use require setbacks from buildings and
property lines, and can pose an incompatibility issue in small lot
subdivisions.
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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”.
CCC. Amend Appendix Section D103.6 through D103.6.2 to read as follows:
D103.6 Signs. Where required by the fire code official, fire apparatus roads shall
be marked with 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.
DDD. 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.
EEE. Amend the Exception to Appendix Section D104.2 to read as follows:
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5760 m2) shall be
provided with two separate and approved fire apparatus access roads.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-
A of this code may be provided with fire apparatus access roads having a minimum
width of 20 feet when approved by the fire code official.
FFF. 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.
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GGG. 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.
HHH. Delete Appendix Section D106.2.
III. 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 on a single fire apparatus access road
shall not be increased unless fire apparatus access roads will connect with future
development, as determined by the fire code official.
SECTION 7. The Chief Building Official and Fire Code Official are hereby authorized
and directed to transmit a copy of this ordinance to the California Building Standards Commission
as required by California Health and Safety Code Section 17958.7.
SECTION 8. If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have
passed each and every remaining provision irrespective of such holding in order to accomplish the
intent of this ordinance.
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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 Tribune, a
newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage, but not before January 1, 2020. 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 22nd day of October 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ___________, 2019, on the following
roll call vote:
AYES:
NOES:
ABSENT:
Mayor Heidi Harmon
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, this __________ day of ___________________, ____________.
______________________________
Teresa Purrington
City Clerk
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