CITY COUNCIL: Ordinance Amending Title 15 of the Municipal Code (Second Reading)

Meeting Date: June 3, 2008
Prepared by: John Hanson

City Council
Agenda Item Summary

Name: Consideration of an Ordinance Amending Title 15 of the Municipal Code and
Adopting the 2007 California Building, Energy, Mechanical, Plumbing, Electrical
and Housing Codes and 2007 Building Standards (Second Reading)

Description: Approval of this Ordinance would change the Municipal Code to reflect
the 2007 State of California Building, Energy, Mechanical, Plumbing, Electrical
and Housing Codes, 2007 Building Standards and Title 15 of the Municipal Code.

Overall Cost:
City Funds: $0
Grant Funds: $0

Staff Recommendation: Adopt the Ordinance
Important Considerations: Adoption of this Ordinance is necessary to stay in
compliance with the 2007 California Building Codes. The Ordinance was adopted on First Reading by the Council at its May 6, 2008 meeting.

Decision Record: Ord. 2003-03 § 2, 2003; and on May 6, 2008, Council adopted the
amendments to the Municipal Code on First Reading.

Reviewed by:


Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: JOHN HANSON, BUILDING OFFICIAL
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: MAY 22, 2008
SUBJECT: SECOND READING OF AN ORDINANCE AMENDING TITLE 15 OF THE MUNICIPAL CODE AND ADOPTING THE 2007 CALIFORNIA BUILDING, ENERGY, MECHANICAL, PLUMBING, ELECTRICAL AND HOUSING CODES, AND 2007 BUILDING STANDARDS

RECOMMENDED MOTION
Adopt the proposed ordinance upon second reading. There have been no changes to the
proposed Ordinance amendments since Council consideration on May 6, 2008.

BACKGROUND
In 2001 and in 2003, the Municipal Code of the City of Carmel-by-the-Sea was amended
in its entirety to reflect the current codes as mandated by the State of California. The 2007 California Building, Energy, Mechanical, Plumbing, Electrical and Housing Codes, the 2007 Building standards and Title 15 of the Municipal Code mandated changes.

Changing the Municipal Code to reflect the mandates as required by the State of
California will allow the City to continue to remain in compliance with 2007 Codes.
Code changes for 2007 are noted as follows: strikeouts indicate deletions and copy noted in boldface type indicate sections added to the 2007 Standards.

FISCAL IMPACT
No fiscal impacts to the City are anticipated.


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF CARMEL-BY-THE-SEA AMENDING TITLE 15 OF THE MUNICIPAL CODE AND ADOPTING THE 2007 CALIFORNIA BUILDING, ENERGY, MECHANICAL, PLUMBING, ELECTRICAL AND HOUSING CODES AND 2007 BUILDING STANDARDS

WHEREAS, the City of Carmel-by-the-Sea has adopted the California Codes related to
buildings and construction in the past and does so when the State of California adopts new or revised editions and;

WHEREAS, the new 2007 California Codes were adopted by the State of California under the International Code Committee and the California Building Standards Commission as
the new codes for this state and;

WHEREAS, Title 15 of the Carmel Municipal Code (see Exhibit “A”) has been revised
to reflect the needs of our specific requirements under these codes and thereby may stand alone as the specific requirements for construction within the City of Carmel-by-the-Sea.

THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY ORDAIN AS FOLLOWS:

Section One. Title 15 of the Municipal Code of the City of Carmel-by-the-Sea is
amended in its entirety as shown in Exhibit “A”, attached hereto and incorporated herein.

Section Two. Severability. If any section, subsection, or part of this Ordinance is held to be invalid or unenforceable, all other section, subsections, or parts of subsections of this ordinance shall remain valid and enforceable.

Section Three. Effective Date. This Ordinance shall take effect 30 days upon final
adoption.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of May 2008, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

____________________
Heidi Burch, City Clerk

ATTEST:

_______________________
SUE McCLOUD, MAYOR


EXHIBIT “A”
Chapter 15.04
ADMINISTRATION OF UNIFORM BUILDING CODES*
Chapter 15.04
15.04.20 Definitions.
3. “Construction codes” means those certain Uniform Building Construction Codes
adopted by….
15.04.250 Violation of Building Code – Penalty
The penalty provision of the 2001 2007 California/Uniform Building Code, Section 106,
shall apply to all violations of said code: It reads: It shall be unlawful...
15.04.260 Violation of Housing Code – Penalty.
The Penalty provision of the 2001 2007 California/Uniform Housing Code shall apply to
all violation of said code…
15.04.270 Violation of Mechanical Code – Penalty.
The penalty provision of the 2001 2007 California /Uniform Building Code, Section 202, shall apply to all violations of said code. It reads: It shall be unlawful…
15.04.280 Violation of Abatement of Dangerous Building Code – Penalty.
The penalty provision of the 2001 1997 California /Uniform Building Code, for the
Abatement of Dangerous Buildings, Section 203 shall apply to all violations of said code.
It reads: No person, firm, or corporation…
15.04.290 Violation of Plumbing or Electrical Code – Penalty
Violation of any provision of the 2001 2007 California/Uniform Plumbing Code, the
2001 2007 California Electric Code, based on the 1999 National Electric Code, or any
other uniform….
15.04.300 Effective Dates of Codes.
The effective date for the latest edition of all codes contained within this Title shall be one year from the date of its first publication by the organization publishing the same, unless by ordinance enacted within said year the City Council otherwise provides. remain in effect until a subsequent Title is adopted. The Building Official shall …

Chapter 15.08
BUILDING CODE
Sections:
15.08.010 Adoption
15.08.020 Treatment of Abandoned Structures
15.08.030 Section 3404 Amended – Moving Buildings
15.08.040 Section 107.2 Amended – Permit Fee for Residential Work
15.08.050 Section 109 Amended – Certification of Occupancy.
15.08.060 Section 102 Amended – Abandonment.
15.08.070 Section 503 Amended – Building Requirements.
15.08.080 Section 503 Amended – Openings in Exterior Walls
15.08.090 Section 502 Deleted
15.08.100 Section 2902 Amended – Toilet Facilities
15.08.110 Section 310.9.1 Amended- Smoke Detector.
15.08.120 Section 1507 Amended – Roofing Materials.
15.08.130 Section 904 Amended – Automatic Fire Systems.
15.08.140 Section 904.2.2 Amended – Automatic Fire Systems. (Delete)
15.08.150 Compliance Responsibility.
15.08.160 Chapter 24 Uniform Building Code Amended – Skylights.
15.08.170 Chapter 33 Amended – Dumping and/or Disposal.
15.08.010 Adoption.
The 2001 2007 California/Uniform Building Code, including the appendix thereto, and
the Uniform Building Code Standards as promulgated by the International Conference of
Building Officials, copies of which….
15.08.020 Treatment of Abandoned Structures.
…as provided in Section 102 of the Uniform Building Code as adopted…..
15.08.030 Section 3404 Amended – Moving Buildings.
Section 3404 of the Uniform Building Code is amended as follows: Moved Buildings:
Buildings….
15.08.040 Section 107.2 Amended – Permit Fee for Residential Work.
Section 107.2 of the Uniform Building Code is amended by the addition of a new
subsection (c) to read as follows: (c) A single permit, encompassing…
15.08.050 Section 109 Amended – Certification of Occupancy.
Uniform Building Code Section 109 (Certification of Occupancy) is amended by adding:
A Certification of Occupancy shall…
15.08.060 Section 102 Amended – Abandonment.
Section 102 of the Uniform Building Code is amended by the addition of a new
paragraph, which will read as follows: Abandonment: Abandonment of a building or …

15.08.070 Section 503 Amended – Building Requirements.
Section 503 Amended of the Uniform Building Code is amended by adding the
following: Section 503.2.1 General. Buildings or structures hereafter erected…
15.08.080 Section 503 Amended – Openings in Exterior Walls
Portions of Table No. 5A referred to in Section 503 of the California/Uniform Building Code shall be amended to read, under the heading “Openings in Exterior Walls…
15.08.090 Section 502 Deleted
15.08.100 Section 2902 Amended – Toilet Facilities
Section 2902, Uniform Building Code, is amended by adding the following: All drinking
and dining businesses…
15.08.110 Section 310.9.1 Amended- Smoke Detector.
Section 310.9.1 of the Uniform Building Code is amended by adding the following new
paragraph: Where there is a change…
15.08.120 Section 1507 Amended – Roofing Materials.
Section 1507 of the Uniform Building Code is amended by adding of new subsection to
read as follows: Roofing Materials: For all buildings in the City…
15.08.130 Section 904 Amended – Automatic Fire Systems.
See Chapter 8. Section 904.2.2 is amended to read the same as Chapter 8.32 CMC, Fire
Code.
15.08.140 Section 904.2.2 Amended – Automatic Fire Systems.
15.08.160 Chapter 24 Uniform Building Code Amended – Skylights
Chapter 24, Section 2409, of the California/Uniform Building Code is amended to
include the following paragraph: All skylights installed in….
15.08.170 Chapter 33 Amended - Dumping and/or Disposal.
Chapter 33 of the California/Uniform Building Code is amended to include the following
paragraph: Dumping and/or Disposal. The dumping and/or disposal of all…

Chapter 15.12
DANGEROUS BUILDING CODE
15.12.010 Adoption.
The 2001 2007 California/Uniform Code for the Abatement of Dangerous Buildings, as
promulgated by the International Conference of Building Officials, copies of which …
Chapter 15.13
UNIFORM BUILDING SECURTY CODE
15.13.010 Adoption.
The 2001 2007 California/Uniform Building Security Code, as promulgated by the
International Conference of Building Officials, copies of which …
Chapter 15.17
STREET DAMAGE
15.17.010
15.17.010 Adoption.
A. Where construction damage occurs as deemed by the Building Official
and/or Superintendent of Public Works the damage to any portion of the City
street/roadway/right-of-way area including but not limited to the flow-line; curbing; berm; sidewalk; gutter; storm drain etc. shall be repaired by the contractor/owner of record for the project adjacent thereto at their expense PRIOR to the Final Inspection approval.
B. Repairs shall be in coordination with the Superintendent of Public Works
and subject to the specifications set-forth per City Standards for street repairs.

Chapter 15.18
SITE DRAINAGE
15.18.010
15.18.010 Adoption.
A. All site and roof runoff shall be directed onto private property of its origin
and filtered through seepage pits; French drains and/or leech-fields where possible and may not cross lot-lines to adjoining properties. Any runoff waters from the site that may be directed onto the public right-of-way/or City storm drain system must be done with prior approval of the Building Official and/or Public Works Superintendent.
B. Where required by the Building Official and/or Public Works
Superintendent oil-water separator devices must be installed to filter all runoff waters prior to discharge onto the public storm drain system.
C. Storm waters and all runoff must be controlled at all times during
construction. Barriers shall be placed around the construction site at the discretion of the Building Official and/or Public Works Superintendent.

Chapter 15.19
CONSTRUCTION SITE MAINTENANCE
15.19.010
15.19.010 Adoption.
A. All construction sites issued a Building Permit from the City shall be maintained in a clean and orderly manner at all times. All construction debris, residue, scrap materials and/or trash shall be removed regularly (weekly as needed) so as to
maintain a clean site.
B. Violation of the Section may necessitate suspension of the Building Permit for a period of not less than 30 days and citation by the Building Official.

Chapter 15.20
MECHANICAL CODE
Sections:
15.20.010 Adoption.
15.20.020 Section 115 Amended – Mechanical Permit Fee
15.20.030 Reserved.
15.20.040 Section 913.1 Amended – Floor Furnaces.
15.20.010 Adoption.
The 2001 2007 California/Uniform Mechanical Code, including Appendices A,B,C and
D, as promulgated by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials, copies of which are …
15.20.020 Section 115 Amended – Mechanical Permit Fee
Section 115 of the Uniform Mechanical Code is amended by the addition of paragraph
number 22 to read as follows: 22. The mechanical permit fee…
15.20.040 Section 913.1 Amended – Floor Furnaces.
Section 913.1 of the 2001 California/Uniform Mechanical Code is amended to read as
follows: Section 913.1. Placement. The installation of any floor…
Chapter 15.24
PLUMBING CODE
Sections:
15.24.050 Section 1206 Amended – Gas Service Reconnection.
15.24.010 Adoption.
The 2001 2007 California/Uniform Plumbing Code, including Appendices A through I
inclusive, as promulgated by the International Association of Plumbing and Mechanical
Officials, copies of which are…

15.24.030 Sewer Drainage Pipe-Sanitary District Jurisdiction.
Chapter 7, Building Sewers and Private Sewage Disposal Systems, is deleted in its entirety, and substituted therefore is a new Chapter 11, which stall state:
15.24.050 Section 1206 Amended – Gas Service Reconnection.
Section 1206 of the Uniform Plumbing Code is amended by the addition of a new
subparagraph (c) to read: (c) In no case shall a gas service or supply be connected or ……
Chapter 15.32
HOUSING CODE
15.32.010 Adoption.
The 2001 2007 California/Uniform Housing Code, as promulgated by the International
Conference of Building Officials, copies of which….
Chapter 15.36
ELECTRICAL CODE
15.36.10 Adoption.
The 2001 2007 California Electric Code, based on the 1999 2005 National Electric
Code…