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HomeMy WebLinkAboutTC Agenda 2019-11-20 tom` TON;\/N OF TIBURON Tiburon Town Council Tiburon Town lull -` �V November 20,2019 ]505 1-iburon Boulevard Special Meeting-6:00 P.M. Tiburon, CA 94920 Regular Meeting- 7:30 P.M. TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING-6:00 P.M. CALL TO ORDER AND ROLL CALL Councilmennber Thier,Councilmember Welner,Vice Mayor Fredericks,Mayor Kulik CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph(2)of Subdivision(d)of Government Code Section 54956.9: (Three potential cases) ADJOURNMENT- to regular meeting REGULAR MEETING-7:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Thier,Councilmember Wehner,Vice Mayor Fredericks, Mayor Kuhl< ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Mattcrs requiring action will be referred to the appropriate Commission. Board.. Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3)nvnutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town COlulcll unless a request is made by a member of the Tovv n Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-I. Municipal Code Amendments — Adopt ordinance making amendments to Chapter 2 of the Tiburon Municipal Code giving the 7 own ylanager the authority to delegate employee discipline and termination authority to Department Heads(Department of Administrative Services) CC-2. Local Emergency — Adopt Resolution continuing the declaration of local emergency related to damage caused by February 2019 storms (Department of Administrative Services) ACTION ITEMS AI-l. 510 Ridge Road—Consider extension of building permit to complete the construction of a single family home at 510 Ridge Road in Tiburon (Community Development Department) AI-2. Municipal Code Amendments — Consider amendments to Title IN/, Chapter 13 (Building Regulations)of the Tiburon Municipal Code to aclopt by reference and with modifications to the latest state-authorized construction and fire codes (Community Development Department) — Introdtiction and first reading of ord mance AI-3. Police Station Solar System —Consider approval of a Power Purchase Agreement contract with Energy Systems Development for project(Department of Public Works) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests—November 8&15, 2019 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WL1-H DISABILITIES In compliance with the Americans \vith Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, Wv VyV.tovvnoftiburon.or(I. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation) including auxiliary aids or services, to cnahlc individuals with disabilities to participate 111 public meetings. Please send a \-vritten request, includin, your name, mailing address,phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the To\vn Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opporttmity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at,or prior to,the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Town Council Meeting TOWN OF TIBURON November-20, 2019 1505 Tiburon Boulevard Agenda ]tem: cc - 1 ti Tiburon, CA 94920 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Adopt Municipal Code Amendments to Chapter 2 of the Tiburon Municipal Code Reviewed By: Greer Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY The Council will consider Municipal Code Amendments to modify Chapter 2 of the Tiburon Municipal Code relating to the Town Manager's discretion in delegating employee disciplinary and/or termination authority to Town Department Heads. RECOMMENDED ACTION(S) 1. Approve the adoption of Ordinance No. 585 N.S. (Exhibit 1). BACKGROUND On August 15, 2018, the Town Council approved Memorandums of Understanding (MOUS) with the Tiburon Police Officers Association (TPOA) and the Service Fmployees International Union (SEW). The Town and representatives from TPOA and SEW agreed on three-year contracts which cover the terms and conditions of employment of Unit members until June 30, 2021. As part of hoth new contracts, both parties agreed to the terms of a revised Disciplinary Action Procedure which names the Town Manager for the final approval for disciplinary action and appeals. The revised procedure provides Department Heads (the Director of Administrative Services. Director of Community Development, Director 01" Public Works/Town Engineer, and the Chief o1' Police) with the authority to administer discipline of employees in their respective department.. Further, the revised procedures introduce an appeal hearing process for disciplinary actions that utilizes a Hearing Officer, selected by use of a strike list..fi-om the Public Employee Relations Board (PFRB). Appeal hearings will result in a written_ advisory decision from the PERB Hearing Officer to the Town Manager. Within 30 days of receiving the Hearing Officer's advisory decision, the Town Manager will make a final decision regarding disciplinary action and no further appeal will be permitted. ToxvN OF] IBURON PAGE 1 0}.2 This ordinance would amend the Town's Municipal Code formalizing the updated disciplinary procedures and gives the Town Manager the authority to delegate employee discipline and termination to Department Heads, as defined in the Town's annual Municipal Budget organizational chart (the Director of Administrative Services, Director of Community Development, Chief of Police, and Director of Public Works/Town Engineer). The Town Council held a public hearing at its meeting on November 6, 2019 and passed first reading of the amended ordinance. waiving further readings. At the meeting, Councilmember Thier requested the bargaining units be notified ofthe ordinance adoption, and on November 14, 2019, staff provided notice to the bargaining unit representatives. The ordinance now comes to the Town Council for adoption. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this ordinance. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION The Council's motion to adopt this item on the Consent Calendar will constitute a motion to confirm the waiver of second reading from the previous reading and adopt the ordinance. Each COuncililember's vote on the motion to approve this item on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the Consent Calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed firom the Consent Calendar and voted upon separately. Staff recommends that the Town Council: 1. Approve the adoption of draft Ordinance No. 585 N.S., which is attached as Exhibit 1. Exhibit(s): 1. Draft Ordinance 585 N.S. Prepared By: Lea Stefani."I own Clerk ToNN N of TIBURON PAGE 2 OF 2 EXHIBIT 1 1 DRAFT ORDINANCE NO. 585 N.S. 2 3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON 4 AMENDING MUNICIPAL CODE TITLE I ("GENERAL PROVISIONS AND 5 ADMINISTRATION"), CHAPTER 2 ("ADMINISTRATION"), ARTICLE II ("TOWN 6 MANAGER"), SECTION 2-8 ("POWERS AND DUTIES GENERALLY"), SUBSECTION 7 (C) REGARDING THE TOWN MANAGER'S DISCRETION IN DELEGATING 8 EMPLOYEE DISCIPLINARY AND/OR TERMINATIONAUTHORITY TO 9 DEPARTMENTAL HEADS 10 11 12 NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON 13 DOES ORDAIN as follows: 14 15 SECTION 1. FINDINGS. 16 17 A. The "]'own would like to empower- Department Heads to terminate employees. 18 B. The Town Council held a duly noticed public hearing on November 6, 2019 and has 19 heard and considered all public testimony on the proposed Ordinance. 20 C. The Town Council finds that all notices and procedures required by law attendant to the 21 adoption of this Ordinance have been followed. 22 SECTION 2. ADOPTION OF AN AMENDMENT TO THE MUNICIPAL CODE. 23 24 Title I, Chapter 2, Article 11, Section 2-8, Subsection (c) of the Tiburon Municipal Code is 25 amended by adding Subsection (c)(1) to read as follows: 26 2-8 Powers and Duties Generally. 27 (c) To appoint. remove, promote and demote any officers of the town except the town 28 attorney and town treasurer, subject, however, to any civil service or personnel systems 29 established by ordinance. As indicated in Section 3-2, Department Heads (i.e. Department 30 Heads, as defined in the Town's Organization Chart in the Municipal Budget) shall have the 31 authority to administer discipline. up to and including termination,of employees in their respective 32 departments. Rulings by any hearing officer selected to hear the appeal of any discipline of a Town 33 employee shall be advisory on the Town Manager. 34 3-2 Same—Administration. 35 The town manager or the appointed personnel officer shall administer the personnel 36 system in accordance with personnel rules and regulations adopted by the town coLmcil by 37 resolution. The town manaller shall prepare and present proposed rides and regulations to the 38 town council. Town of Tiburon Ordinance No. XXX N. S. First Reading [Draft] --/--/2019 Page 1 39 Notwithstanding the above, Department Heads (i.e. Department Heads, as defined in the 40 Town's Organization Chart in the Municipal Budget) shall have the authority to administer 41 discipline, up to and including termination, of employees in their respective departments. 42 SECTION 3. SEVERABILITY. 43 44 If any section, subsection, clause. sentence. or phrase of this Ordinance is for any reason 45 held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such 46 decision shall not affect the validity of the remaining portions of the Ordinance. The Town 47 Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any 48 section, subsection, sentence, clause or phrase thereof. irrespective of the fact that anyone or 49 more sections, subsections, sentences, clauses, or phrases may be declared invalid or 50 unconstitutional. 51 52 SECTION 4. EFFECTIVE DATE. 53 This Ordinance shall take effect and be in force thirty (30) days after the date of passage, 54 and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the 55 ordinance shall be published with the names of the members voting for and against it at least 56 once in a newspaper of general circulation published in the Town of Tiburon. 57 58 This ordinance was introduced at a regular meeting of the "Town Council of the Town of 59 Tiburon on November 6, 2019, and was adopted at a regular meeting of the Town Council of the 60 Town offiburon on 2019. by the following vote: 61 62 63 AYES: COUNCIL,MEMBERS: 64 65 NAYS: COUNCILMEM13FRS: 66 67 ABSENT: COUNCILMEMBERS: 68 69 70 71 72 DAVID KULIK. MAYOR 73 Town of Tiburon 74 ATTEST: 75 76 77 LEA STEFANI. TOWN CLERK Town of Tiburon Ordinance No. XXX N. S. First Reading [Draft] --/--/2019 Page 2 Town Council Meeting TOWN OF TTBU](ZON November 20, 2019 1505 Tiburon Boulevard Agenda Item: CC - 2 b Tiburon. CA 94920 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: De/cclaration Continuing Local Emergency Related to February 2019 Storms Reviewed B Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY As required by state law, the Council is asked to approve a Resolution continuing the declaration of a local emergency related to the damage caused by the storm of February 12-14, 2019. RECOMMENDED ACTION(S) 1. Approve a Resolution continuing the declaration of a local emergency related to damage caused by the storm of February 12-14, 2019. BACKGROUND A storm system beginning on February 12, 2019, arrived on the Tiburon Peninsula, resulting in rainfall totaling over 7 inches in a short time period. A washout and a landslide occurred dtn-ing this timeframe, near 1435 Vistazo West and 2032 Paradise Drive respectively, and the Council adopted Resolution No. 02-2019 on February 20, 2019 proclaiming a local emergency in the Town ofTibLn-on related to the storm damage. 1435 Vistazo West Washout Update I-lillside Drilling, Inc., the contractor hired by the Town ofTiburon. has nearly completed the project. The concrete for the retaining wall has been placed. and backfill operations are underway. It is expected that final paving and project completion will occur by the end of the month. FEMA and CaIOES are reviewing all submittals for potential reimbursement funding for both initial cleanup and stabilization efforts, as well as the permanent roadway repairs. .20',-') Paradise Drive Slide Update Drilling of the slope face for the anchoringsystem is nearly complete. Once the anchors are installed, the slope protection system will be installed. Alternating one-way traffic control is in ellcct vvith Naggers during the normal woi-kday. Construction to stabilize the slope will be ongoing and is expected to run thl-ough the late fall. TOWN or TIBURON PAGE I or 2 Local Emergency Status Update On May 1, 2019, President Trump approved a Major Disaster Declaration for the State of California relating to the severe winter storms and landslides that occurred on February 13-15, 2019 and approved public assistance for hazard mitigation for 1 I counties statewide, including Marin County. Town staff has submitted requests and documentation to FEMA to request reimbursement for emergency related work and repairs and has received reimbursement for initial storm damage cleanup and stabilization expenses. ANALYSIS Due to the ongoing nature of associated emergency conditions, the Council is asked tonight to adopt a Resolution (Exhibit 1) continuing the declaration of a local emergency. The Council will continue to review the need for continuing the local emergency within 30 days. FINANCIAL IMPACT There is no direct financial impact to the Town through approval of this Resolution. It is not known at this time what the final cost of repairing the damage caused by the storm will be, nor is it known whether funding will be available from State and/or Federal sources as a result of this storm. However, adoption ofthis Resolution will preserve the Town's ability to seek reimbursement if funding becomes available. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Approve a Resolution continuing the declaration of a local emergency related to damage caused by a storm which occurred between February 12, 2019 and February 14, 2019. Exhibit(s): DRAFT Resolution Prepared By: Greg Chanis,Town Manager Tow,v' of T1HURON I t-12 o1. 2 EXHIBIT 1 DRAFT RESOLUTION NO. xx-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONTINUING THE DECLARATION OF A LOCAL EMERGENCY RELATED TO RECENT STORMS BEGINNING ON FEBRUARY 12 2019 WHEREAS. the California Emergency Services Act, Chapter 7, of the California Government Code, commencing with 5 8550 confers upon the governing bodies of the political subdivisions of this state emergency powers necessary to protect health and safety and preserve lives and property; and WHEREAS. § 8630 of the California Government Code, states that "a local emergency may be proclaimed only by the governing body of a county, city and county, or city or by an official so designated by ordinance adopted by such governing body;" and WHEREAS, Section 21-5 of the Tiburon Municipal Code (TMC) appoints the Town Manager as the Director of Emergency Services and TMC Section 21.6(a)(1) empowers the Director of Emergency Services to request that the Town Council proclaim the existence of a local emergency; and WHEREAS. on February 20, 2019, in accordance with California Government Code § 8630 and Tiburon Municipal Code Section 21.6(x)(1), the Town Council adopted Resolution No. 02-2019 proclaiming a local emergency; and WHEREAS. California Government Code § 8630 requires that the Council review the need for continuing the local emergency at least once every 30 days; and WHEREAS. the Town Council has adopted Resolution Nos. 09-2019, 12-2019, 16-2019, 22-2019, 29-2019, 34-2019, 39-2019, and 42-2019 continuing the declaration of local emergency; and WHEREAS. additional earth movement has occurred in the Town of Tiburon as a result of the storm system that caused a landslide and a washout in February 2019; and WHEREAS. the landslide, washout, and associated emergency conditions are of an ongoing nature and the emergency should not be terminated at this time; and WHEREAS. the Town Council does hereby find: That conditions of extreme peril to the safety of persons and property have arisen within this Town, caused by a series of severe storm systems with significant wind-driven rainfall resulting in localized flooding. landslide and road closure. commencing on or about February 13. 2019:. and a local emergency is deemed to exist in the Town of Tiburon in accordance with Town Council Resolution Nos. 02-2019. 09-2019. 12-2019, 16-2019. 22- 2019. 29-2019. 34-2019. 39-2019. and 42-2019: and Page 1 of 3 "Town Council Resolution No. xx-2019 DRAFT 11/20/2019 That these conditions resulted in a washout on Vistazo West and a landslide on Paradise Drive damaging those public streets and depositing debris causing the closure oil' local roadways and damaging public infi-astructure and facilities; and That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities ofthe Town; and That the aforesaid conditions of extreme peril warrant and necessitate the continuance of the proclamation of the existence of a local emergency. NOW, THEREFORE, IT IS HEREBY RF,SOLVED that the Town Council has reviewed the need for continuing the declaration of local emergency and finds based on substantial evidence that the public interest and necessity require the continuance of the declaration of local emergency. BE IT FURTHER RESOLVED that the Town Council shall review the need for continuing the local emergency at least once every 30 days until the Town Council terminates the local emergency. IT IS FURTHER RESOLVED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the Town shall be those prescribed by state law, and by ordinance and resolutions of this Town approved by the Town Council, and by the Town of Tiburon/City of Belvedere Emergency Operations Plan, as approved by the Town Council. IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the Director of the Governor's Office of Emergency Services. IT IS FURTHER ORDERED that a copy of this declaration be forwarded to the Governor of California with the request for assistance though California Disaster Assistance Act (CDAA) funding, a Presidential Declaration of an Emergency or Major Disaster and any and all recover assistance the State of California can provide is requested. PASSED AND ADOPTED at a regular meeting of the Town Council on November 20, 2019, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: One Vacant Seat DAVID KUL1K. MAYOR "TOWN OF TIBURON Page 2 of 3 Town Council Resolution No. xx-2019 DRAFT 11/20/2019 ATTEST: LEA STEFANI, "DOWN CLERK Pa(—Ye 3 of 3 Town Council Resolution No. xx-2019 DRAFT 11/20/2019, Town Council i\/Icetin- ., TOWN OF TI13URON C... 1505 Tiburon Boulevard 1lovember 20,2019 Tiburon, CA 94920 Agenda Item:Al-1 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Consideration of Building Permit Extension and Related Fees and Penalties for a Single-Family Residential Project located at 510 Ridge Road; Assessor Parcel Number 059-091-24. A ,t Reviewed By: Greg Chanis,Town Manager Benjamin Stock,Town Attorne SUMMARY Council is considering a Building permit extension request fi-0111 the owners of 510 Ridge Road to complete construction of a single-family home and swimming pool originally permitted in,April 2016. RECOMMENDED ACTION(S) 1. Receive the verbal staff report. 2. Hear comments from the applicant. 3. Hear public testimony offered regarding the matter from interested persons. 4. Grant a permit extension, either in accordance with Section 13-4.2.1 (c) (3), or modified terms if the Town Council concludes that modification is warranted. Staff recommends that any such modification, if considered, should clearly resolve all outstanding issues related to fees, and be tied to a swift completion of the project. INTRODUCTION On April 5, 2016, Ms. Julie Huh, owner of the property at 510 Ridge Road. obtained a building permit for a new single-family dwelling. To date. the project has received tour 6-month permit extensions, and as the work is not complete. the owner is now seeking an additional extension. The request for a fifth extension is being referred to the Toy-vn Council by the Building Official to determine the terms and whether any fees should be reduced associated with extending their building permit for the fifth time, pursuant to Section 13-4.2.1(c)(3) oi'the Tiburon Municipal Code. BACKGROUND On April 5"' 2016, the Town issued a building permit to the oxvner for an addition and remodel of a two story hone at 510 Ridge Road. In AuI)ust 2017. the scope of the project expanded to include complete demolition of the existing home and construction of a ne\v 3-story home and swlnlnling pool. TOWN OF TIBURON PAGE 1 OF 4 The conditions of the building permit at the time of issuance stipulated an 18-month timeframe to complete the work (Le was due to expire October 2017). The first permit extension was issued Pursuant to TMC Section 13-4.2.1 (c)(3)(2) covering the period of time from October 6"' 2017 until April 5"' 2018. The total fee collected for that extension was $8,612.00. (A copy of TMC 13-4.1.1(c)(3) is attached to this staff report.) Another 6-month extension was sought in April 2018. And pursuant to pursuant to TMC Section 13-4.2.1 (c)(3)(3), an extension was granted, which covered the period from-April 6"' 2018 to October 5"' 2018. The total fee collected was $8,607.65. A third 6-month extension was sought and staff relied on TMC Section 13-4.2.1 (c)(3)(4). to grant a further extension covering the period from October 6`" 2018 to April 5"' 2019. The total fee collected was $25,822.95. A fourth 6-month extension was sought and staff relied on TMC Section 13-4.2.1 (c)(3)(5), to D a further extension covering the period from April 6"' 2019 to October 5"' 2019. The total fee collected was $43.060.00. The Building Official provided the owners a 30-day grace period after the October 5"' deadline to complete the project. However, the owners were unable to complete the project within that timeframe, and on November 5, 2019, requested a fifth extension of the original permit, and paid the required $43,060 in Reactivation Fees. At this time, the Building Official informed the owner the matter would be referred to the Town Council per Town Code. ANALYSIS Prior to 2002, the Town Code essentially allowed for unlimited extensions regarding Building Permits. In February of 2002, the Town Council addressed this issue by adopting an escalating penalty schedule for permit extensions. The intent of the penalty schedule was to accomplish a number ofthings including: • Caution applicants before the permit is issued that failure to complete the project within the 18-month period will result in significant additional permit charges. • Provide an incentive to complete construction projects within the 18-month permit period. • Lessen complications due to code and regulation changes that might occur in the course of extended permits. • Recover additional inspection and record-keeping costs caused by extended permits. • Minimize negative neighborhood impact by reducing the number of construction projects that exceed the 18-month period. The permit extension process has largely remained the same since 2002 with minor changes. The current code, as adopted in 2016. requires a stop work order and referral to Town Council for the third 6-month extension. (See TMC § Section 13-4.2.1 (c)(3)). The Building Official did not stop the project to refer to Town Council based on his review and approval of the contractors completion schedule, where it was determined the project Would most likely be completed within the allowed timeframe. _._........ . ..... _.............. . The issue before the Council today is to determine: 1) ifthe time to complete the work authorized by the building permit should be extended. and if so, for how long; 2) whether any discount Should be given to the cost of the Reactivation Charge should the Council authorize an extension; and 3) any additional terms or conditions that the Council believes should be imposed to ensure and encourage a timely completion of the project. Chapter 13 of the Tiburon Municipal Code gives the Council considerable flexibility in deciding the terms for this permit extension. including the length of the permit extension and discounts to the amounts required for the Reactivation Fees. Regarding the length of any permit extension. staff believes the project could be completed in 2-3 months, with the remaining work falling in to the following categories: • Landscape material placement, planting and irrigation • Swimming pool lighting installation • Various interior and exterior finishes • Exterior landings, stairs and paths • Final PG&E underground connection (Property is currently on temporary power) Noting that the existing permit expired on October 5, 2019, staff recommends the Town Council consider issuing a 4-month extension, which would require work to be completed by February 5, 2020. In terms of the Reactivation Fees associated with this extension request, the property owner has already paid the required fees totaling $43,060.00 for the requested extension and it is up to the Town Council to determine if there is an appropriate reduction in penalty fees. If the Town Council would like to reduce the penalty fees, the Town Council may wish to consider a prorated refund based on the amount of time it takes to complete the project. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. with the exception of the permit extension penalty collection which in part pays for the additional staff time to be devoted to this project. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirennents of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Receive the verbal staff report. 2. 1-lear comments from the applicant. 3. Hear public testimony offered regarding the matter from interested persons. 4. Grant a permit extension, either in accordance with Section 13-4.2.1 (c) (3), or modified terms if the Town Council concludes that modification is warranted. Staff rec. Exhibit(s): A—Copy of Tiburon Municipal Code 13-4.4.1(c)(3) Prepared By: Sung H. Kwon,Community Development Director Clay Salzman, Building Official EXHIBIT A Exhibit A 13-4.2.1 - Amendments to the 2016 California Residential Code. (3) Section 105.5 is amended to read as follows: Section 105.5 Expiration. 1. All permits issued by the Building Official shall expire by limitation and become 111,111 and void eighteen (18) months from the date the permit is issued. except as follows: a. In instances where the project is unusually large or complex. a twenty-four (24) month permit may be issued in the reasonable discretion of the Building Official at the time of initial issuance; or b. In instances wherethe permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee. one extension of up to six (6) months may be granted. without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regula►- basis and any other relevant facts. 2. Once the initial permit and/or approved six (6)month extension has expired, a Stop Work Order shall be issued and work shall not recommence until the permit is reactivated and extended. Reactivation and extension shall be allowed only ifthere have been no substantive changes to the approved plans and specifications and a Reactivation/Extension Charge equal to the original project construction permit fees is paid. A Reactivation/Extension Charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 3. If the project is not completed within the six (6) month extension allowed under subsection 2 above, a Stop Work Order shall be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if there have been no substantive changes in the approved plans and specifications and a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 2 above. i., paid. The Building Official may, in his sole discretion. reduce the penalty based on such reasons as the project's nearness to completion and/or the cause of the delay. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 4. 1f the project is not completed within the six (6) month extension allowed under subsection 3 above. a Stop Work Order shall be issued and the matter referred to the town council for resolution. The town council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge, and provided that there have been no substantive changes in the approved plans and specifications. The town council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay. 5. If the project is not completed within the six (6) month extension allowed under subsection 4 above. or pursuant to this subsection 5, a Stop Work Order shall be issued and the matter referred to the town council for resolution. The town council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The town council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 2 above) as a Reactivation/Extension Charge, provided that there have been no substantive changes in the approved plans and specifications. Town Council Meeting TOWN OF TIBURON November 20, 2019 1505 Tiburon Boulevard Agenda ]tem: A1 - 2 Tiburon, CA 94920 STAFYREP()gylp�., I To: Mayor and Members of the Town Council I From: Community Development Department Subject: Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code to Adopt by Reference and with Modifications to the Latest State-Authorized Construction Codes; Introduction of the Ordinance. I I � Reviewed f /� 'r l By: r Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY To Adopt the 2019 Building Code and 2019 Tire Code with local modifications. RECOMMENDED ACTION(S) 1. Move to read by title only and'introduce the ordinance waiving further reading. 2. Hold a roll call vote on the introduction. BACKGROUND Approximately every three years,the State of California adopts updated uniform construction codes and allows local government agencies limited latitude to modify those codes by ordinance. Local agency modifications may provide for requirements that are more restrictive. but not less restrictive. than the state-adopted codes. The new state codes (2019 Building Code) will go into effect on January I. 2020. The draft ordinance before the Town Council contains the Town's proposed adoption of the most recent State of California-authorized construction codes, with modifications that are reasonably necessary due to the local climatic. geological, and topographical conditions. and ratifies the two local Fire Districts' adoption of the 2019 California Tire Code and any other fire-related codes adopted by those Districts. The Town of Tiburon has consistently over the years adopted the local amendments contained in the proposed ordinance. With the exception for the modifications discussed below. the local amendments are typical of the triennial update and are not changes to the existing code. TOWN or TIBU}2oN PAGE 1 or 4 MODIFICATIONS In addition to the modifications the'fown has made in recent years. there are few additional changes made to the standardized construction codes during this cycle that involves the Town's localized amendments. These modifications are listed below: • Modifications to permit extensions. o Stop work orders would be optional for building permit extensions by staff. (See TMC §§13-4.1.1(c)(3) and 13-4.2.1(c)(3)) o The Building Official would not have the ability to reduce building permit extension penalties. (See TMC S§13-4.1.I(c)(3)(5) and 13-4.2.1(c)(3)(5)) o Town Council to determine tines and penalties for subsequent extensions, once a Town Council extension has been provided. (See TMC §§13-4.1.1(c)(3) and 13- 4.2.1(c)(3)) • Section 202 was amended to modify a definition in order to reference ASTM E329-18 Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection. (See TMC § 13-4.1.1(d)) • Adopting 2019 Residential Building Code Appendix J Existing Buildings and Structures. (See TMC § 13-4.1.L(i)) During the most recent code adoption cycle in 2016, the Town of Tiburon chose to adopt those portions of Tier I of the Green Building Standards Code Code that it could lawfully adopt. Tier 1 provisions are voluntary environmental measures that are in addition to the mandatory provisions of the Green Building Code. Once adopted, the Tier 1 measures would become mandatory. Those provisions will be carried over with the 2019 Green Building Standards Code. The energy efficiency provisions of the California Energy and Green Building Standards Codes are now sufficiently robust that the Town no longer needs to adopt its own separate enhancements, so those provisions are being deleted. ANALYSIS California Health and Safety Code Sections 17958.5. 17958.7. and 18941.5 require that findings be made in orderto change or modify building standards found in the California Building Standards Code based on local climatic, geologic, or topooraphic conditions. These findings must be made each time the Town updates the building code. In this case. the proposed modifications to the Building Code, referenced in the previous section. are reasonably necessary due to the Iollowing local climatic, geological and topographical conditions: Tiburon requires modifications fi-om the California 131,111ding, Standards code to account f`or the followin, climatic conditions: a. Most of the annual rainfall in Tiburon occurs during the winter_ it receives no measurable precipitation between May and October. During this time, temperatwres average between 60 and 85 degrees. These conditions eiiminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffer,, periodic droughts that can TOWN OF T►Bt tzov PAGE 2 ori 4 extend the dry periods to other months of the year. These conditions can be further exacerbated by occasional offshore hot, dry, Santa-Ana winds. b. Most of the annual rainfall in Tiburon occurs during the winter and some portions of "Tiburon are subject to tidal influences,there are times that flooding conditions occur in low- lying areas. Due to the amount of hills; drainage needs to be addressed to allow the appropriate flow of water downhill. C. Tiburon is situated within a densely populated major metropolitan area (the San Francisco Bay Area) that generates and releases into the atmosphere significant quantities of greenhouse gases, which have detrimental effects to the local climate as determined by the State of California. Tiburon requires modifications from the California Building Standards code to account for the following ,L�eologic conditions: a. Tiburon lies near several earthquake faults, including the very active San Andreas Fault and the Hayward Fault and there are significant potential hazards such as'road closures, fires, collapsed buildings,and isolation of residents requiring assistance. In addition, earthquakes on hillside properties require additional structural review. b. Much of Be Downtown commercial area is located on bay alluvial soils. which are subject to liquefaction in the event of an earthquake. C. Tiburon lies in California Climate Zone 3 which is subject to coastal influence with precipitation in the winter, but with greater rainfall between October and March compared to other areas in Climate Zone 3. I The "Tiburon peninsula is adjacent to the San Francisco Bay which provides a saltwater environment, higher wind exposure, varying tide rise. and is subject to marine life and environmental protection requirements. Tiburon requires modifications from the California Building Standards code to account for the following topographic conditions a. Much of Tiburon is located in steep, hilly areas: many of the residential areas are heavily landscaped; and many exist adjacent to hilly open space areas which are characterized by dry vegetation and have limited access. In addition. the steepness of grades located in the hills and dales results in narrow and winding roads, and limited water supply. b. The major arterial route between Tiburon and U. S. Highway 101 is Tiburon Boulevard (State Highway 1311 Should that highway become impassable_ the only alternative roadway on and offthe Peninsula is Paradise Drive. a narrow_ winding road easily subject to closure in storms and having an extensive history of lane failures due to unstable soils and poor drainage. This would result in traffic congestio,. severely limiting emergency access. T(rAN or TiBVaoN PACE 3 of 4 ENVIRONMENTAL STATUS Staff recommends that the Town Council determine that this Building Code Update is statutorily exempt fi-om CEQA in that the adoption of State codes the local amendments herein described do not havethepotential for causing a significant effect on the environment, pursuant to Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines (Title 14; Chapter 3 of the California Code of Regulations). The adoption of this ordinance is also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as actions by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment. STAFF RECOMMENDATION Following a public hearing, staff recommends that the Town Council: 1. Hold a public hearing and consider any testimony. 2. Move to read by title only and introduce the ordinance(Exhibit 1)amending Title IV,Chapter 13 (Building Regulations)Of the Tiburon Municipal Code to adopt updated construction codes with modifications, waiving further reading. }-fold a roll call vote on the introduction.The item would return for adoption at the next regular Town Council meeting. EXHIBITS 1. Draft Ordinance 2. Table of changes to Building Code 3. Tiburon Fire Changes to Fire Code 4. Southern Marin Fire Changes to Fire Code 5. Appendix J of the Residential Code 6. Green Residential Measures 7. Green Non-Residential Measures Prepared By: Sing 1-1. Kwon. Director of Conmmuniiy Development Clay Salzman, Building Official TONIN 01'"I'ML!RON PAGE. 4 of 4 EXHIBIT 1 1 ORDINANCE NO. (DRAFT) 2 3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN 4 OF TIBURON AMENDING PROVISIONS OF TITLE IV, 5 CHAPTER 13 OF THE TIBURON MUNICIPAL CODE BY 6 ADOPTING WITH AMENDMENTS THE MOST RECENT 7 STANDARDIZED CONSTRUCTION CODES 8 9 The Town COunCll of the Town of Tiburon does ordain as follows: 10 11 Section 1. Findin(.,s. 12 13 A. The Town COUncll held a public hearing on November 6, 2019, and has heard and 14 considered any and all public testimony on this matter. 15 16 B. The Town Council finds that all notices and procedures required by law attendant to 17 the adoption ofthis Ordinance have been followed. 18 19 C. The Town Council finds that the amendments made by this Ordinance are necessary 20 for the protection of the public health, safety, and welfare. 21 22 D. The Town Cotmcil has fotund that the amendments made by this Ordinance are 23 consistent with the goals and policies of the Tiburon General Plan. 24 25 E. The Town Council finds that the adoption of this Ordinance is ministerially exempt 26 from the requirements of CEQA and is also exempt pursuant to Section 15061(b) 27 (3) of the CEQA Guidelines. 28 29 Section 2. Amendments to Chapter 13, Article II. 30 31 Tiburon Municipal Code Title IV, Chapter 13, Article 11 (Technical Codes) is hereby 32 amended in its entirety to read as follows: 33 34 Article I1. Technical Codes 35 36 13-4 Adoption by reference of technical codes. 37 For the purpose of establishing proper refulations for building construction, for the 38 installation of' plumbing. gas appliances and electrical systems, and for the storage and 39 handling of flammable liquids. the codes or portions thereof set forth in this article are 40 adopted and are made a part of this chapter by reference without further publication or 41 posting thereof, and not less than one certified copy, along with the deletions and - exceptions therefrom. and additions and amendments thereto, shall be rept on file for use 43 and examination by the public in the office of the town cleric. 44 45 Town ofTiburon Ordinance No. : ::::::. DRAFT Effective 1/1/2020 Pa-e I 46 13-4.1 Building Code. 47 The Town Council hereby adopts, for the purpose of providing minimum requirements for 48 the protection of life, limb, health, property. safety and welfare of the general public; that 49 certain code known as the 2019 California Building Code (based on the 2018 International 50 Building Code), Volume l and Volume 2. including the following appendices: Appendix 51 J as published by the California Building Standards Commission in the California Code of 52 Regulations, Title 24, Part 2, hereinafter referred to as the "California Building Code", 53 save and except such portions as are hereinafter amended or modified by Section 13-4.1.1 54 of this chapter. 55 56 13-4.1.1 Amendments made to the 2019 California Building Code. 57 The 2019 California Building Code is amended to read as follows: 58 (a) Section 1.8.5.1 is amended to read as follows: 59 1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure 60 Section 1822.50 et. seq., officers and agents of the Building Official may enter and 61 inspect public and private properties to secure compliance with the provisions of 62 this code and the rules and regulations promulgated by the department of housing 63 and cornmunity development. For limitations and additional information regarding 64 enforcement, see the following: 65 (The remainder of this section is unchanged.) 66 67 (b) Section 1.8.8.1 is amended to add the following as an additional paragraph at the 68 end of the existing section: 69 For appeal of non-administrative provisions of the code, the local appeals board and 70 the housing appeals board shall be the Tiburon Building Code Appeals Board, 71 except that if required by Health and Safety Code section l 9957.5, the local appeals 72 board and the housing appeals board shall be the County of Marin's Disability 73 Access Appeals Board. The town council shall hear appeals of administrative 74 provisions as generally described in the administrative chapter ofthis code. 75 76 (c) Chapter 1, Division II is modified as follows: 77 (1) Section 104.6 is amended to add the following phrase to the end of tile last 78 sentence: ", including the \-varrant provisions of Section 1822.50 et. seq. of 79 the Code of Civil Procedure ofthe State of California." 80 81 (2) Section 105.2 is amended to delete subsections 2. 4, 5, 6 and 12, and to 82 modify subsections I and 7 to read as follows: 83 1. Detached accessory structures used as playhouses or play structures 84 provided that the structure: 85 a. Does not exceed one-hundred twenty (120) square feet in area 86 and is portable (i.e.. is not anchored or affixed in any way); 87 b. Does not exceed twelve (12) feet in height: and 88 C. Contains no plumbing. elecu-icity or heating or cooling 89 appliances. 90 d. Does not exceed one-story. Town ofTiburon Ordinance TN'o. :::..:. DRAFT Effective I/1/2020 Pasxe 2 91 92 7. Painting, papering, tiling, carpeting, counter tops and similar finish 93 work; except that repaving and/or re-striping of parking lots shall 94 require a permit. 95 96 (3) Section 105.5 is amended to read as follows: 97 Section 105.5 Expiration. 98 I. All permits issued by the Building Official shall expire by limitation 99 and become null and void eighteen (18) months from the date the 100 permit is issued. 101 2. In instances where the permittee has proceeded with due diligence 102 and made substantial progress but is unable to complete the project 103 because of unforeseen circumstances beyond the control of the 104 permittee, one extension of up to six (6) months may be granted, 105 without payment of additional charges or penalties. In determining 106 whether due diligence has been exercised, the Building Official shall 107 consider whether work began promptly after permit issuance, 108 whether work was conducted on a regular basis, and any other 109 relevant f acts. 110 3. If the project is not completed within the six (6) month extension 111 allowed under subsection 2 above, or if the six (6) month extension 112 was not provided under subsection 2, a Stop Work Order may be 113 issued on the date of expiration and work shall not recommence until 114 the permit is reactivated and extended. A reactivation and extension 115 may be issued by the Building Official once a reactivation/extension 116 Charge equal to one (1) times the original project construction permit 117 fee is paid. A reactivation/extension charge, for purposes of this 118 section, is primarily a penalty for failure to complete the project 119 within the allotted time, and secondarily a fee to recover the cost of 120 providing additional building inspection division services, and is 121 defined as the subtotal of the building, electrical, plumbing, 122 mechanical, grading, and business license fee portions of the original 123 permit. A permit reactivated and extended under this subsection 124 shall be \alid for an additional six (6) months beyond the date of its 125 expiration prior to the reactivation/extension granted pursuant to this 126 paragraph. 127 4. If the project is not completed within the six (6) month extension 128 allowed under subsection 3 above, a Stop Work Order may be issued 129 on the date of expiration and work shall not recommence until the 130 permit is reactivated and extended. Reactivation and extension of the 131 permit fOr another six (6) month period shall be allowed only if a 132 Reactivation/Extension Charge equal to three (3) times the original 133 project construction permit fees, as defined in subsection 3 above. is 134 paid. A permit reactivated and extended under this subsection shall 135 be valid for an additional six (6) months beyond the date of its Town of Tiburon Ordinance No. DRAFT Effective 1/1/2020 Pace 3 136 expiration prior to the reactivation/extension granted pursuant to this 137 paragraph. 138 5. If the project is not completed within the six (6) month extension 139 allowed under subsection 4 above, a Stop Work Order shall be issued 140 and the matter referred to the Town Council for resolution. The 141 Town Council may reactivate and extend the permit for an additional 142 six (6) months upon submission and acceptance of a completion 143 schedule for the project and payment of five (5) times the original 144 project construction permit fees (as defined in subsection 2 above) as 145 a Reactivation/Extension Charge. The Town Council may, in its sole 146 discretion. reduce the reactivation/extension charge based on such 147 reasons as the project's nearness to completion and/or the cause of 148 the delay. 149 6. If the project is not completed within the six (6) month extension 150 allowed under subsection 5 above, or pursuant to this subsection 6, a 151 Stop Work Order shall be issued and the matter referred to the Town 152 Council for resolution. The Town Council may impose additional 153 requirements, such as the retention of a qualified contractor for 154 owner/builder projects or retention of a qualified construction 155 manager for a contracted project, in order to promote swift 156 completion. The Town Council may reactivate and extend the permit 157 upon imposition of any such conditions deemed reasonable, and 158 payment of five (5) times the original project construction permit 159 fees (as defined is subsection 3 above) as a Reactivation/Extension 160 Charge. 161 162 (4) Section 109.2 is amended to read as follows: 163 109.2 Schedule of Fees. 164 On buildings. structures. electrical. gas, mechanical and plumbing system 165 alterations requiring a permit, a fee for each permit shall be required as set 166 forth in the Building Division Fee Schedule as adopted by resolution of the 167 town council and amended from time to time. 168 169 (5) Section 109. 4 is amended to read as follows: 170 109.4 Work commencinu, before permit issuance. 171 Any person who commences any work without a permit on a building. 172 structure. electrical, gas. mechanical or plumbing system before obtaining 173 the necessary permits shall be subject to a penalty as set forth in the Town's 174 Schedule of Fines. established by resolution of the town council and 175 amended from time to time. 176 177 (6) Section 113.1 is amended to add ilhc following as an additional paragraph at 17 8 the end of the existing section: 179 For appeals of non-administrative provisions of the code, the local appeals 180 board and the housing appeals board shall be the "Tiburon Building Code Town of Tiburon Ordinance No. DRAFT Effe,tive 1/1/2020 Pa<(ze 4 181 Appeals Board, except that if required by Health and Safety Code section 182 19957.5. the local appeals board and the housing appeals board shall be the 183 County of Marin's Disability Access Appeals Board. The town council shall 184 hear appeals of administrative provisions as generally described in the 185 administrative chapter of this code. 186 187 (d) Section 202. Definitions, is amended to change the definition of "Approved 188 Agency" to read as follows: 189 [A] Approved Agency. An established and recognized agency that is 190 regularly engaged in conducting tests, furnishing inspection services or 191 furnishing product certification where such agency has been approved by the 192 building official. Approval shall be based on the review of the agency's 193 quality control manuals and standard operating procedures in accordance 194 with ASTM E329-18. 195 [HCDI & HCD 2] "Approved agency shall mean "Listing agency" 196 and "Testing agency." 197 [DSA-SS, DSA-SS/CC] This term is synonymous with "laboratory 198 of record" as referenced in section 4-335 of the California 199 Administrative Code. 200 201 (e) Section 502.1 is amended to read as follows: 202 502.1 Address Numbers. 203 I. The following standards for address markings shall apply to residential 204 buildings: 205 a. All residential structures shall display a street number in a prominent 206 position so that it shall be easily visible from the street. The numerals 207 in these numbers shall be no less than four inches in height, and one- 208 half inch in width, of a color contrasting to the background and 209 located so they may be clearly seen and read. If a building is not 21.0 easily visible from the street, then the numbers are to be mounted at 211 the access drive leading to the building. 212 b. At each vehicular access to a multiple family dwelling complex 213 having four or more buildings, there shall be an illuminated 214 diagrammatic representation (plot plan) of the complex. which shows 21.5 the location of the viewer and the building units within the complex. 216 C. hl multiple family dwelling complexes. any building having a 217 separate identifying factor other than the street number shall be 218 clearly identified in the manner described in subsection (a). Each 219 individual unit of residence shall have a unit identifying number. 220 letter, or combination thereof displayed upon the door. 221 d. Maps of the multiple family complex will be furnished to the police 222 dCparti-hent and applicable fire dlStriCt np011 Coiilpleti011 Of 223 construction. The maps shall include building identification and Unit 224 identification. 225 e. Buildings shall be numbered ill such a manner and sequence as to Town of Tiburon Ordinance No. �--:- DRAFT Effective 1/1/2020 Pa(-,e 5 226 meet with the approval of the enfor6110 authority. 2.27 f. This section shall not prevent supplementary numbering such as 228 reflective numbers on street curbs or decorative numbering, but this 229 shall be considered supplemental only and shall not satisfy the 230 requirements of this section. 231 232 2_. The following standards for address markings shall apply to commercial 233 buildings 234 a. The address number of every commercial building shall be located 235 and displayed so that it shall be easily visible fi-om the street. 236 b. The numerals in these numbers shall be no less than six inches in 237 height, one-half inch in width, and of a color contrasting to the 238 background. In addition, any business which affords vehicular access 239 to the rear through any driveway, alleyway, or parking lot shall also 240 display the same numbers on the rear of the building. 241 C. When required by the Building Official, approved numbers or 242 addresses shall be placed on all new and existing buildings in such a 243 position as to be plainly visible and legible from the fire apparatus 244 road at the back of a property or where rear parking lots or alleys 245 provide an acceptable vehicular access. Number height and width 246 shat l comply with Section 501.2. 247 248 (f) Section 903.2, first sentence, is amended to read as follows: 243 903.2 Where required. 250 Approved automatic sprinkler systems in new buildings and structures shall 251 be provided in the locations described in this section, provided that where 252 applicable code provisions adopted by the Tiburon Fire Protection District or 253 Southern Marin Fire Protection District are more restrictive, the more 254 restrictive provisions shall control. 255 256 (g) Section 1015.2 is amended by adding the following as the last sentence of the 257 paragraph. before the listed exceptions: 258 Guards are also required at waterfront bulkheads, fixed piers and gangways. 259 260 (h) Section 1505 is amended to read as follows: 261 The roof covering on any structure regulated by this code shall be as 262 specified in California Building Code Chapter 15 with the following 263 conditions: 264 I. All new buildings and new additions shall have at least a Class A- 265 listed or noncombustible roof covering. 266 2. Where alterations or repairs to existing roofs involve more than fifty 267 (50) percent ofthe total area of an existing building within a one-year 268 time period. the entire roof shall be retrofitted with at least a Class A- 269 listed or noncombustible roof. Town ofTiburon Ordinance No. :::=. DR aFT Effective 1/1/2020 Paque 6 270 3. Where applicable code provisions adopted by the Tiburon Fire 271 Protection District or Southern Marin Fire Protection District are 272 more restrictive, the more restrictive provisions shall control. 273 274 (1) Appendix J "GRADING" is modified as follows: 275 (1) J103 "Permits Required" is amended. to add the following: 276 .1103.3 Grading Permit Fees. Fees shall be as set forth in the Building 277 Division Fee Schedule established by resolution of the town council as 27 8 amended from time to time. 279 (2) J 110 "Erosion Control" is amended, to add the fol lowing: 280 J 1 10.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or 281 corporation who has a valid building, demolition or grading permit shall 282 permit any mud, loose dirt or debris to be removed from the job site and 283 deposited on any public street or sidewalk. 284 285 13-4.2 Residential Code. 286 The Town Council hereby adopts, for the purpose of providing minimumrequirements for 2.87 the protection of life, limb, health, property, safety, and welfare of the general public, that 288 certain code known as the 2019 California Residential Code (based on the 2018 " 89 hiternational Residential Code), including Appendices J and Q published by the 290 International Code Council, and as amended by the California Building Standards 291 Commission in the California Code of Regulations, Title 24, Part 2.5, hereinafter referred 292 to as the "California Residential Code," save and except such portions as are hereinafter 293 amended or modified by Section 13-4.2.1 of this chapter. 294 295 13-4.2.1 Amendments to the 2019 California Residential Code. 296 The 2019 California Residential Code is amended as follows: 297 (a) Section 1.8.5.1 is amended to read as follows: 298 1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure 299 Section 1822.50 et. seq., officers and agents of the Building Official may enter and 300 inspect public and private properties to secure compliance with the provisions of 301 this code and the rules and regulations promulgated by the department of housing 302 and community development. For limitations and additional information regarding 303 enforcement, see the following: 304 (The remainder of this section is unchanged.) 305 306 (b) Section 1.8.8.1 is amended to delete the second paragraph and add the following 307 paragraph to the end of the section: 308 1 or appeal of non-administrative provisions ofthe code, the local appeals board and 309 the housing appeals board shall be the Tiburon Building Code Appeals Board. 310 except that if required by Health and Safety Code section 19957.5. the local appeals 31.1 hoard and the housing appeals board shall be the County of Marin's Disability 312 ,'access Appeals Board. The town council shall near appeals of administrative 313 provisions as generally described in the administrative chapter of this code. 314 Tome Ofl iburon Ordinance No DRAFT Effective 1/1/2020 Page 7 315 (c) Chapter 1, Division II is modified as follows: 316 (1) Section 104.6 is amended to add the following phrase to the end of the last 317 sentence: 318 ". including the warrant provisions of Section 1822.50 et. seq. of the Code of 319 Civil Procedure of the State of California." 320 321 (2) Section 105.2 is amended to delete (building) subsections 2, 3, 4. 5, 9 and 322 10_. and to modify subsections 1 and 6 to read as follows: 323 1. Detached accessory structures used as playhouses or play structures 324 provided that the structure: 325 a. Does not exceed one-hundred twenty (120) square feet in area 326 and is portable (i.e., is not anchored or affixed in any way); 327 b. Does not exceed twelve (12) feet in height; and 328 C. Contains no plumbing, electricity or heating or cooling 329 appliances. 330 d. Does not exceed one-story. 331 6. Painting, papering, tiling, carpeting, counter tops and similar finish 332 work: except that repaving and/or re-striping of parking lots shall 333 require a permit. 334 335 (3) Section 105.5 is amended to read as follows: 336 Section 105.5 Expiration. 337 1. All permits issued by the Building Official shall expire by limitation 338 and become null and void eighteen (18) months from the date the 339 permit is issued. 340 2. In instances where the permittee has proceeded with due diligence 341 and made substantial progress but is unable to complete the project 342 because of unforeseen circumstances beyond the control of the 343 permittee, one extension of up to six (6) months may be granted. 344 without payment of additional charges or penalties. In determining 345 whether due diligence has been exercised, the Building Official shall 346 consider whether work began promptly after permit issuance, 347 whether work was conducted on a regular basis, and any other 348 relevant facts. 349 3. if the project is not completed within the six (6) month extension 350 allowed under subsection 2 above or if the six (6) extension was not 351 provided under subsection 2, a Stop Work Order may be issued on 352 the date of expiration and work shall not recommence until the 353 permit is reactivated and extended. A reactivation and extension may 354 be issued by the Building Official once a reactivation/extension 355 Charge equal to one (1) times the original project construction permit 356 fee is paid. A reactivation/extension charge, for purposes ole this 357 section, is primarily a penalty for failw-e to complete the project 358 within the allotted time, and secondarily a fee to recover the cost of 359 providing additional building inspection division services. and is Town ofTiburon Ordinance Xo. DRAFT Effective 1/1/2020 Pare 8 360 defined as the subtotal of the building. electrical, plumbing, 361 mechanical, grading, and business license fee portions of the original 362 permit. A permit reactivated and extended under this subsection 363 shall be valid for an additional six (6) months beyond the date of its 364 expiration prior to the reactivation/extension granted pursuant to this 365 paragraph. 366 4. If the project is not completed within the six (6) month extension 367 allowed under subsection 3 above, a Stop Work Order may be issued 368 on the date of expiration and work shall not recommence until the 369 permit is reactivated and extended. Reactivation and extension of the 370 permit for another six (6) month period shall be allowed only if a 371 Reactivation/Extension Charge equal to three (3) times the original 372 project construction permit fees. as defined in subsection 3 above, is 373 paid. A permit reactivated and extended under this subsection shall 374 be valid for an additional six (6) months beyond the date of its 375 expiration prior to the reactivation/extension granted pursuant to this 376 paragraph. 377 5. if the project is not completed within the six (6) month extension 378 allowed under subsection 4 above, a Stop Work Order shall be issued 379 and the matter referred to the Town Council fo►- ►-esOlution. "Tile 380 Town Council may reactivate and extend the permit for an additional 381 six (6) months upon submission and acceptance of a completion 382 schedule for the project and payment of five (5) times the original 383 project construction permit fees (as defined in subsection 2 above) as 384 a Reactivation/Extension Charge. Tile Town Council may, in its sole 385 discretion, reduce the reactivation/extension charge based on such 386 reasons as the project's nearness to completion and/or the cause of 387 the delay. 388 6. If the project is not completed within the six (6) month extension 389 allowed under subsection 5 above, or pursuant to this subsection 6, a 390 Stop Work Order shall be issued and the matter referred to the Town 391 Council for resolution. The Town Cowlcil may impose additional 392 requirements, such as the retention of a qualified contractor for 393 owner/builder projects or retention of a qualified construction 394 manager for a contracted project. in order to promote swift 395 completion. The Town Council may reactivate and extend the permit 396 upon imposition of any such conditions deemed reasonable. and 397 payment of five (5) times the original project construction permit 398 fees (as defined is subsection 3 above) as a Reactivation/Extension 399 Charge. 400 401 (d) Section 8312.1.1 is amended by adding the loliowing sentence at the end of this 402 section: 403 "Guards are also required at waterfront bulkheads. fixed piers and gangway's for 404 these portions of"open-sided walking surfaces only." Town of Tiburon Ordinance No. DRAFT Effective I 1/2020 Paaye 9 405 406 (e) Section R313.3.1. is amended to add the following to the beginning of the section. 407 to read as follows: 408 R313.3.1 Where required. 409 Approved automatic sprinkler systems in new buildings and structures shall be 410 provided in the locations described in this section, provided that where applicable 411 code provisions adopted by the Tiburon Fire Protection District or Southern Marin 412 Fire Protection District are more restrictive, the more restrictive provisions shall 413 control. 414 (The remainder of this section is unchanged) 415 416 (f) Section R319.1 is amended to read as follows: 417 R319.1 Address Numbers. The following standards for address markings shall apply 418 to residential buildings: 419 a. All residential structures shall display a street number in a prominent 420 position so that it shall be easily visible fi-om the street. The numerals in 421 these numbers shall be no less than four inches in height, and one-half inch 422 in width, of a color contrasting to the background and located so they may 423 be clearly seen and read. If a building is not easily visible fi-om the street, 42.4 then the numbers are to be mounted at the access drive leading to the 425 building. 426 b. At each vehicular access to a multiple family dwelling complex 427 having four or more buildings, there shall be an illuminated 428 diagrammatic representation (plot plan) of the complex, which shows 429 the location of the viewer and the building units within the complex. 430 C. In multiple family dwelling complexes, any building having a 431 separate identifying factor other than the street number shall be 432 clearly identified in the manner described in subsection a. above. 433 Each individual unit of residence shall have a unit identifying 434 number, letter, or combination thereof displayed upon the door. 435 d. Maps of the multiple family complex will be furnished to the police 436 department and applicable fire district upon completion of 437 construction. 'File maps shall include building identification and unit 438 identification. 439 e. Buildings shall be numbered in such a manner and sequence as to 440 meet with the approval of the enforcing authority. 441 f. This section shall not prevent supplementary numbering such as 442 reflective numbers on street curbs or decorative numbering. but this 4 4 3 shall be considered supplemental only and shall not satisfy the 444 requirements of this section. 445 446 447 4 4 8 (g) Section R905.1 is amended to read as follows: Town of Tiburon Ordinance No. DRAFT Effective 1/1/2020 Pa,-,e 10 449 R905.1 Roof-covering application. The roof covering on any structure regulated by 450 this code shall be as specified in California Residential Code Chapter 9 with the 451 following conditions: 452 I. All new buildings and new additions shall have at least a Class A-listed or 453 noncombustible roof covering. 454 2. Where alterations or repairs to existing roofs involve more than fifty percent 455 of the total area of an existing building within a one year time period, the 456 entire roof shall be retrofitted with at least a Class A-listed or 457 noncombustible roof. 458 3. Where applicable code provisions adopted by the Tiburon Fire Protection 459 District or Southern Marin Fire Protection District are more restrictive, the 460 more restrictive provisions shall control. 461 462 463 464 13-4.3 Plumbing Code. 465 The Town Council hereby adopts, for the purpose of providing minimum requirements for 466 the protection of life, limb, health, property, safety and welfare of the general public, that 467 certain code known as the 2019 California PlUmbing Code (based on the 2018 Uniform 468 Plumbing Code), published by the International Association 01'Plumbirtg and Mechanical 469 Officials, and as amended by the California Building Standards Commission in the 470 California Code of Regulations, Title 24. Part 5, hereinafter referred to as the "California 471 Plumbing Code", save and except such portions as are hereinafter amended or modified by 472 Section 13-4.3.1 of this chapter. 473 474 13-4.3.1 Amendments made to the 2019 California Plumbing Code. 475 The 2019 California Plumbing Code is amended as follows: 476 (a) Section 1.8.5.1 is amended to modify the first paragraph to read as follows: 477 Section 1.8.5.1 General. Subject to the provisions of law, including Section 1822.50 478 et. seq. of the Code of Civil Procedure of the State of California, officers and agents 479 of the Building Official may enter and inspect public and private properties to 480 secure compliance with the provisions of this code. For limitations and additional 481 information regarding enforcement. see the following: 482 (The remainder of this section is unchanged) 483 484 (b) Section 1.8.8.1 is amended to delete the second paragraph and add the following 485 paragraph to the end of the section: 486 For appeal of non-administrative provisions of the code. the local appeals board and 487 the housing appeals board shall be the Tiburon Building Code Appeals Board, 488 except that if required by Health and Safety Code section 19957.5 the local appeals 489 board and the housing appeals board shall be the County of Marin's Disability 490 Access Appeals Board. The town council shall hear appeals of adi-ninistrative 4 91 provisions as generally described in the administrative chapter of this code. 492 493 (c) Chapter 1, Division 11 is amended as follows: Town of Tiburon Ordinance No. DRAFT Effective I/1/2020 Pa�e II 494 (1) Section 101.1 is amended to read as follows: 495 These regulations shall be known as the California Plumbing Code. may be 496 cited as such, and will be referred to herein as "this code". 49V (2) Section 103.1 is amended to add the following sentence at the end of the 498 section to read as follows: 499 The term "AUTHORITY HAVING JURISDICTION shall mean the 500 Building Official or his duly authorized representative. 501 (4) Section 104.3 is amended to replace the existing first paragraph to read as 502 follows: 503 104.3 Application. To obtain a permit, the applicant shall apply to the 504 Authority Having Jurisdiction for that purpose. Every such application shall: 505 (The remainder of this section is unchanged.) 506 (5) Section 104.3.2 is amended to read as follows: 507 104.3.2 General. Fees shall be assessed in accordance with the provisions of 508 this section and as set forth in the Building Division Fee Schedule adopted 509 by resolution of the town council and amended from time to time. 510 (6) Section 104.5 is amended to read as follows: 511 104.5 Fees. Any person desiring a permit required by this code shall, at the 512 time of issuance therefore, pay a fee, which fee shall be as set forth in the 513 Building Division Fee Schedule adopted by resolution of the town council 514 and amended from time to time. 515 (7) Section 105.2.6 is amended to replace the fourth paragraph with the 516 following: 517 To obtain re-inspection, the applicant shall first pay the re-inspection fee in 518 accordance with the Building Division Fee Schedule adopted by resolution 519 of the town council and amended from time to time. 520 (9) Section 203.0 is amended to change the following definition to read as 521 follows: 522 "AUTHORITY HAVING JURISDICTION". The Authority Having 523 Jurisdiction shall mean the Building Official or his duly authorized 524 representative. 525 526 13-4.4 Electrical Code. 527 The Town COL11161 hereby adopts, for the puH-pose of providing minimum requirements 1`61- 528 or528 the protection of life, limb, health, property, safety and welfare of the general public. that 529 certain code known as the 2019 California Electrical Code (based on the National Electrical 530 Code. 2018 Edition) as published by the National Fire Protection Association. and as 531 amended by the California Building Standards Commission in the California Code of 532 Regulations, Title 24, Part 3, hereinafter referred to as the "California Electrical Code". 533 say e and except such portions as are hereinafter amended or modified by Section 13-4.4.1 534 ofthis chapter. 535 536 13-4.4.1 Amendments made to the 2019 California Electrical Code. 537 The 2019 California Electrical Code is amended or modified as follows: 538 (a) Section 89.108.4.2 is amended to read as follows: To\vnofTiburon Ordinance No. ::-:-::. DRAFT Effective 1/1/2020 Pa�_,e 12 539 89.108.4.2 Fees. Any person desiring a permit required by this code shall, at the 540 time o'f' issuance thereof. pay a tee, which shall be as set forth in the Building 541 Division Fee Schedule adopted by resolution of the town council and amended from 542 time to time. 543 544 (b) Section 89.1085.1 is amended to modify the first sentence to read as follows: 545 Section 89.108.5.1 General. Subject to other provisions of lave, including Section 546 1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers 547 and agents of the Building Official may enter and inspect public and private 548 properties to secure compliance with the provisions of this code. 549 (The remainder of this section is unchanged.) 550 551 (c) Section 89.108.8.1 is amended by adding the following sentence thereto to the end 552 of the section: 553 For appeal of non-administrative provisions of the code, the local appeals board and 554 the housing appeals board shall be the Tiburon Building Code Appeals Board, 555 except that if required by Health and Safety Code section 19957.5, the local appeals 556 board and the housing appeals board shall be the County of Maria's Disability 557 Access Appeals Board. "file town council shall hear appeals of administrative 558 provisions as generally described in the administrative chapter of this code. 559 560 (d) Article 100 is amended to change the following definition to read as follows: 561 Authority Having Jurisdiction (AHJ)—The Authority Having Jurisdiction shall 562 mean the Building Official or his or her duly authorized representative. 563 564 (e) Section 210.12 (D) is amended as follows: 565 (D) Branch Circuit Extensions or Modifications-Dwelling Units and Dormitory 566 Units. The provisions of this section shall apply to existing dwelling units when electrical 567 service panels or sub-panels are replaced or upgraded. In any of the areas specified in 568 210.12(A) or (B), where branch-circuit wiring is modified. replaced, or extended, the 569 branch circuit shall be protected by one ofthe following: 570 (1) A listed combination-type AFC1 located at the origin ofthe branch circuit. 571 (2) A listed outlet branch-circuit-type AFC1 located at the first receptacle outlet 572 of the existing branch circuit. 573 574 Exception: AFCI protection shall not be required where the extension of the existing 575 conductors is not more than 1.8 in (6 ft) and does not include any additional outlets 576 or devices. 577 578 13-4.5 Fire Code. 579 The Town Council hereby adopts. for the purpose of providing minimum requirements for 580 the protection of life, limb, health. property. safety and welfare of the general public, that 581 certain code known as the 2019 California Fire Code (as adopted and modified by the 582 current TlbLIron Fire Protection District and Southern Marin Fire Protection District 583 ordinances), which Code and ordinances are hereby referred to. ratified, and made a part TownofTiburon Ordinance No. -. DRAFT Fffective 1/1/2020 Page 13 584 hereof as if fully set forth herein. Copies of said code and ordinances are on file and 585 available for public inspection in the office of the town clerk. 586 587 13-4.6. Housing Code. 588 The Town Council hereby adopts, for the purpose of providing minimum requirements for 589 the protection of life, limb, health, property, safety and welfare of the general public, that 590 certain code known as the Uniform Housing Code (1997 Edition. as published by the 591 International Conference of Building Officials). hereinafter referred to as the "Uniform 592 Housing Code", save and except such portions as are hereinafter changed or modified by 593 Section 13-4.6.1 ofthis chapter. 594 595 596 13-4.6.1 Amendments made to the 1997 Uniform Housing Code. 597 The 1997 Uniform Housing Code is amended as follows: 598 (a) Section 103 is amended to revise the second sentence of the first paragraph to read 599 as follows: 600 Such occupancies in existing buildings may be continued as provided by the 601 California Existing Building Code, as contained in Title 24. Part 10 of the California 602 Code of Regulations, except such structures as are found to be substandard as 603 defined by this code. 604 605 (b) Section 104.1 is amended to read as follows: 606 All buildings or structures that are required to be repaired under the provisions of 607 this code shall be subject to the provisions of the California Existing Building Code, 608 as contained in Title 24, Part 10 of the California Code of Regulations. 609 610 (c) Section 201.1 is amended to revise the first paragraph to read as follows: 611 The Building Official and his designees are hereby authorized and directed to 612 enforce all of the provisions of this code. For such purposes. such officials shall 613 have the powers of law enforcement officers. 614 615 (d) Section 201.2 is amended to read as follows: 616 Whenever necessary to make an inspection to enforce any of the provisions of this 617 title, or whenever the Building Official or his authorized representative has 618 reasonable cause to believe that there exists in any building or upon any premises an 619 immediate threat to health and safety.. the Building Official or his authorized 620 representative may enter such building or premises at all reasonable times to inspect 621 the same or to perform any duty irrrposed upon the Building Official b\ this code; 622 provided, that if such building or premises be occupied lie shall first present proper 623 credentials and demand entry_: and if such building or premises be unoccupied he 624 shall first make a reasonable effort to locate the owner or other persons having 625 charge or control of the building or premises and demand entry. if such entry is 626 refused, the Building Official. or his authorized representative. shall have recourse 627 to every remedy provided by law to secure entry. including the warrant provisions 628 of Section 1822.50 et seq. of the Code ofCivil Procedure ofthe State of California. Town ofTiburon Ordinance'No. DRAFT Effective 1/1%2020 Paae 14 629 630 (e) Section 203.1 is amended by adding the following sentence to the end of the section 631 thereto: 632 For appeal of non-administrative provisions of the code, the housing advisory and 633 appeals board shall be the Tiburon Building Code Appeals Board. If required by 634 Health and Safety Code section 19957.5, the housing advisory and appeals board 635 shall be the County of Mann's Disability Access Appeals Board. The town council 636 shall hear appeals of administrative provisions of this code. 637 638 (f) Section 301 is amended to read as follows: 639 No building or structure regulated by this code shall be erected, constructed, 640 enlarged altered, repaired. moved, improved, removed, converted or demolished 641 unless a separate permit for each building or structure has first been obtained as 642 _ required by the BUIlding Code. 643 644 (g) Section 302 is deleted. 645 646 (h) Section 303 is amended to read as follows: 647 Buildings or structures within the scope of this code and all construction or work for- 648 which a permit is required shall be subject to inspection by the Building Official as 649 provided by this code and in accordance with the applicable requirements of the 650 Building Code. 651 652 (i) Section 401 is amended to add or change certain definitions as follows: 653 (1) The definition of 'Building Code" in Section 401 is amended to read as 654 fol lows: 655 BUILDING CODE is the California Building Code as adopted with 656 amendments by the "Town of Tiburon. 657 (2) A definition for "Building Official" is added to Section 401 to read as 658 follows: 659 BUILDING OFFICIAL is the Building Official in the Community 660 Development Department of the Town of Tiburon. 661 (3) The definition of "Mechanical Code" in Section 401 is amended to read as 662 follows: 663 MECHANICAL. CODE is the California Mechanical Code as adopted with 664 amendments by the Town ofTiburon. 665 (4) The definition 01' "Plumbing Code" in Section 401 is amended to read as 666 fol lows: 667 PLUMBING CODE is the California Plumbing Code as adopted with 668 amendments by the Town of Tiburon. 669 670 13-4.7 Mechanical Code. 671 The Town Council hereby adopts, for the purpose of providing minimum requirements for 672 the protection of life. limb. health, property, safety and welfare of the general public, that 673 certain code knovvn as the 2019 California Mechanical Code (based on the Uniform Town ofTiburon Ordinance No. DRAFT Effective 1/1/2020 Page 1`5 674 Mechanical Code, 2018 Edition) as amended by the California Building Standards 675 Commission in the California Code of Re,ulations. Title 24. Part 4. hereinafter referred to 676 as the "California Mechanical Code". save and except such portions as are hereinafter 677 amended or modified by Section 13-4.7.1 of this chapter. 678 679 13-4.7.1 Amendments made to the 2019 California Mechanical Code. 680 The 2019 California Mechanical Code is amended as follows: 681 (a) Chapter 1, Division 1_ Section 1.8.8.1 is amended by adding the following sentence 682 to the end of the section thereto: 683 For appeal of non-administrative provisions of the code, the board of appeals shall 684 be the Tiburon Building Code Appeals Board. except that if required by Health and 685 Safety Code section 19957.5. the board of appeals shall be the County of Mai-ill's 686 Disability Access Appeals Board. The town council shall hear appeals of 687 administrative provisions as generally described in the administrative chapter of this 688 code. 689 690 (b) Chapter 1, Division 11 is amended as follows: 691 Section 101.1 is amended to read as follows: 692 These regulations shall be known as the California Mechanical Code, may be cited 693 as such, and will be referred to herein as "this code". 694 695 (c) Section 104.3.2 is amended to read as follows: 696 104.3.2 General. Fees shall be assessed in accordance with the provisions of this 697 section and as set forth in the Building Division Fee Schedule adopted by resolution 698 of the town council and amended from time to time. 699 700 (d) Section 104.5 is amended to read as follows: 701 104.5 Fees. Any person desiring a permit required by this code shall, at the time of 702 issuance for the permit pay a fee. which lee shall be as set forth in the Building 703 Division Fee Schedule adopted by resolution of the town council and amended from 704 time to time. 705 706 (e) Section 105.2.6 is amended to replace the third paragraph with the following: '707 To obtain re-inspection. the applicant shall first pay the re-inspection fee in 708 accordance with the Building Division Fee Schedule adopted by resolution of the 709 town council and amended from time to time. 710 711 (f) Section 107.1 is amended by adding the lollovtin(, to the end of the existing section 712 thereto: 713 For appeal of non-administrative provisions of the code, the board of appeals shall 714 be the Tiburon Building Code Appeals Board. except that if required by Health and 715 Safety Code section 19957.5. the board of appeals shall be the County of Marin's 716 Disability Access Appeals Board. The town council shall hear appeals of 717 administrative provisions as generally described in the administrative chapter of this 718 code. Town of Tiburon Ordinance No. DRAFT Effective 1/1;2020 Pa<ae 16 719 720 (g) Section 203.0 is amended to change the following definition as follows: 721 The definition of"AUTHORITY HAVING JURISDICTION" is amended to read as 722 follows: 723 AUTHORITY HAVING JURISDICTION — The Authority Having Jurisdiction 724 shall mean the Building Official or his duly authorized representative. 725 726 13-4.8 Dangerous Building Code. 727 The Dangerous Building Code of the Town shall be the Uniform Code for the Abatement of 728 Dangerous Buildings (1997 edition, as published by the International Conference of 729 Building, Officials), on file with the office of the Town Clerk, which Code is hereby 730 referred to, adopted and made a part hereof as iffully set forth herein, save and except such 731 portions as are hereinafter amended or modified by Section 13-4.8.1 of this chapter. 732 733 13-4.8.1 Amendments made to the 1997 Uniform Code for the Abatement of 734 Dangerous Buildings. 735 The 1997 Uniform Code for the Abatement of Dangerous Buildings is amended as follows: 736 (a) Section 103 is amended to read as follows: 737 All buildings Or Structures which are required to be repaired under the provisions of 738 this code shall be subject to the provisions of California Existing Building Code, 739 as contained in Title 24, Part 10 of the California Code of Regulations. 140 741 (b) Section 201.3 is amended to read as follows: 742 Whenever necessary to make an inspection to enforce any of the provisions of this 743 title, or whenever the Building Official or his authorized representative has 744 reasonable cause to believe that there exists in any building or upon any premises an 745 immediate threat to health and safety, the Building Official or his authorized 746 representative may enter such building or premises at all reasonable times to inspect 747 the same or to perform any duty imposed upon the Building Official by this code: 748 provided, that if such building or premises be occupied he shall first present proper 749 credentials and demand entry; and if such building or premises be unoccupied lie 750 shall first make a reasonable effort to locate the owner or other persons having 751 charge or control of the building or premises and demand entry. if such entry is 752 refused. the Building Official, or his authorized representative, shall have recourse 753 to every remedy provided by law to secure entry. Including the warrant provisions 754 ofSection 1822.50 et seq. ofthe Code of Civil Procedure of the State of California. 755 756 (c) Section 204 is amended to read as follows: 757 All buildin(�s Or structures within the scope of this code and all construction or work 758 for which a permit is required shall be subject to inspection by the Building Official 759 as provided in this code and in accordance with the applicable requirements of-the 760 Buildin"I Code. 761 162 (d) Section 205.1 is amended by adding the following sentence to the end of that 763 section thereto: Town of Tiburon Ordinance No. DRAFT Effective 1/1/2020 Paae 17 764 For appeal of non-administrative provisions of the code, the board of appeals shall 765 be the Tiburon Building Code Appeals Board. except that if required by Health and 766 Safety Code section 19957.5. the board of appeals shall be the County of Marin's 767 Disability Access Appeals Board. The town council shall hear appeals of 768 administrative provisions of this code. 769 770 (e) Section 301 is amended to change certain definitions as follows: 771 (1) The definition of"Building Code" is amended to read as follows: 772 BUILDING CODE is the California Building Code as adopted with 773 amendments by the Town ofTiburon. 774 (2) A definition of"Building Official" is added to read as follows: 775 BUILDING OFFICIAL is the Building Official in the Community 776 Development Department of the Town of Tiburon. 777 778 13-4.9 Green Building Standards Code. 779 The Town Council hereby adopts. for the purpose of providing minimum requirements to 780 enhance the public health and welfare and assure that residential and commercial 781 development is consistent with the Town's desire to create a more sustainable community 782 by incorporating green building measures into the design, construction, and maintenance of 783 buildings and appurtenant development_ that certain code known as the California Green 784 Building Standards Code, 2019 edition (also known as the 2019 CALGreen Code) as 785 published by the California Building Standards Commission in the California Code of 786 Regulations, Title 24, Part 11. herein referred to as the "CALGreen Code," save and except 787 such portions as are hereinafter amended or modified by Section 13-4.9.1 of this chapter. 788 789 13-4.9.1 Amendments made to the 2019 CALGreen Code. 790 The California Green Building Standards Code is amended as follows: 791 (a) For new residential construction only (not including additions), the Town Council V92 hereby adopts as mandatory measures the following otherwise voluntary divisions 793 of Appendix A4: 794 1. Division A4.1 (Planning & Design); 795 2. Division A4.3 (Water Efficiency & Conservation); 796 3. Division A4.4 (Material Conservation and Resource Efficiency); 797 4. Division A4.5 (Environmental Quality); and 798 5. Division A4.6 (Tier 1 & Tier 2). deleting all Ties- 2 measures. 799 800 (b) For new nonresidential construction only (not including additions), the Town 801 Council hereby adopts as mandatory measures the following otherwise voluntary 802 divisions of Appendix A5: 803 L Division A5.1 (Planning & Design); 804 2. Division A5.3 (Water Efficiency & Conservation); 805 3. Division A5.4 (Material Conservation and Resource Efficiency); 806 4. Division A5.5 (Environmental Quality); and 807 5. Division A5.6 (Tier 1 & Tier 2), deleting all Tier- 2 measun-es. 808 Town ofTibuu-on Ordinance l\o. DRAFT Effective 1/1/2020 Page 18 809 13-4.10 Energy Code. 81.0 The Energy Code of the Town shall be the California Energy Code, 2019 edition, and the 811 appendices thereof; as published by the California BUllding Standards Commission. on file 81.2 with the office of the Town Clerk, which Code and appendices are hereby referred to, 813 adopted and made a part hereof as if fully set forth herein. 814 815 13-4.11 Miscellaneous Portions of the Building Standards Code. 816 The Town COuticll hereby adopts, for the purpose of providing minimum requirements for 817 the protection of life, limb, health, property, safety, and welfare of the general public, 2019 818 California Building Standards Code Part 8 (Historical Building Code), Part 10 (Existing 819 Building Code), and Part 12 (Referenced Standards Code), said codes being on file with the 820 office ofthe Town Clerk. 821 822 Section 3. Findings Pursuant to Health & Safety Code. 823 824 A. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require 825 that findings be made in order to change or modify building standards found in the 826 California Building Standards Code based on local climatic, geologic, or 827 topographic conditions. Therefore, the Town of Tiburon hereby finds that these 828 changes or modifications to the Building Code as adopted herein are reasonably 829 necessary because of the following local climatic, geological and topographical 830 conditions: 831 832 1. Climatic conditions: 833 a. Most of the annual rainfall in TibLn-on occurs during the winter, it 834 receives no measurable precipitation between May and October. 835 During this time, temperatures average between 60 and 85 degrees. 836 These conditions eliminate most of the moisture in the natural 837 vegetation and heavily wooded hillsides. The area also suffers 838 periodic droughts that can extend the dry periods to other months of 839 the year. These conditions can be fiu-ther exacerbated by occasional 840 off=shore hot, dry, Santa-Ana winds. 841 b. Most of the annual rainfall in Tiburon occurs during the winter, and 842 some portions of Tiburon are subject to tidal influences. there are 843 times that floodim, conditions occur in low-lying areas. 844 C. Tiburon is situated within a densely populated major metropolitan 845 area (the San Francisco Bay Area) that generates and releases into 846 the atmosphere significant quantities of ()reenhouse gases. which 847 have detrimental effects to the local climate as determined by the 848 State of California. 849 850 2. C)eolo-,Iic conditions: 851 a. Tiburon lies near several earthquake faults, including the very active 852 San Andreas Fault and the Hayward Fault, and there are significant 853 potential hazards such as road closures, fires, collapsed buildings. Town ofTiburon Ordinance No. DRAFT Effective 1/1/2020 Paee 19 854 and isolation of residents requiring assistance. 855 b. Much of the Downtown commercial area is located on bay alluvial 856 soils. which are subject to liquefaction in the event of an earthquake. 857 858 3. Topographic conditions: 859 a. Much of Tiburon is located in steep, hilly areas; many of the 860 residential areas are heavily landscaped; and many exist adjacent to 861 hilly open space areas which are characterized by dry vegetation and 862 have limited access. In addition, the steepness of grades located in 863 the hills and dales results in narrow and winding roads, and limited 864 water supply. 865 b. The major arterial route between Tiburon and U. S. Highway 10 1 is 866 Tiburon Boulevard (State Highway 131). Should that highway 867 become impassable, the only alternative roadway on and off the 868 Peninsula is Paradise Drive, a narrow, winding road easily subject to 869 closure in storms and having an extensive history of lane failures due 870 to unstable soils and poor drainage. This would result in traffic 871 congestion, severely limiting emergency access. 872 873 B. Adoption by Reference of Tiburon Fire Protection District and Southern Marin Fire 874 District Findings: 875 The Town Council further adopts by reference all applicable climatic, geological. 876 and topographical conditions findings of the Tiburon Fire Protection District and the 877 Southern Marin Fire Protection District in their most recently-enacted ordinances 878 adopting and modifying the California Fire Code and other related codes. 879 880 C. Climatic, geological or topographical conditions necessitates the above mentioned 881 modified building standards. Refer to the Tiburon Municipal Code Section 13-4 1,01- 882 or882 specific Title 24, Part and Provisions amended. 883 884 885 Section 5. Severabilih,. 886 If any section. subsection. clause. sentence, or phrase of this Ordinance is for any reason 887 held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction. 888 such decision shall not affect the validity of the remaining portions of the Ordinance. The 889 Town Council of the Town of Tiburon hereby declares that it would have passed this 890 Ordinance. any section. subsection. sentence_ clause or phrase thereof. irrespective of the 891 fact that any one or more sections, subsections, sentences, clauses, or phrases may be 892 declared invalid or unconstitutional. 893 894 Section 6. Effective Date. 895 A summary ofthis Ordinance shall be published and a certified copy of the full text of this 896 Ordinance shall be posted in the office of "I own Cleric at least five (5) days prior to the 897 Council meeting at which it is adopted. This Ordinance shall be in full force and effect 898 thirty (30) days after the date of'adoption. or on January 1, 2020 (whichever occurs last). Town ofTiburon Ordinance No. DRAFT Effective 1/1/2020 Page 20 899 and the summary of this Ordinance shall be published within fifteen (15) days atter its _ 900 adoption. together with the names of the COUncilmembers voting-) for or against same, in a 901 newspaper of general circulation in the ]own of Tiburon. County of Marin., State of 902 California. 903 904 This ordinance was read and introduced at a regular meeting of the Town Council of the 905 Town of Tiburon, held on the 6th day of November, 2019, and was adopted at a regular 906 meeting of the Town Council of the Town of Tiburon, held on the 20th day of November, 907 2019. by the following vote: 908 909 910 AYES: COUNCILMEMBERS: 911 912 NAYS: COUNCILMEMBERS: 913 914 ABSENT: COUNCILMEMBERS: 915 916 91.7 918 919 DAVID KULIK, MAYOR 92.0 TOWN OF TIBURON 921 922 ATTEST: 923 924 925 926 927 LEA STEFANI. TOWN CLERK Town ofTiburon Ordinance No. DRAFT Lffective 1/1/2020 Pace 21 EXHIBIT 13-4.1.1 Amendments made to the-2044 2019 California Building Code. The 2016 2019 California Building Code is amended to read as follows: 2019 BUILDING CODE CURRENT TIBURON MUNICIPAL CODE PROPOSED CHANGES TO TIBURON WITH PROPOSED DELETIONS AND MUNICIPAL CODE AMENDMENTS NOTED Chapter 1: Scope and Administration (a) Section 1.8.5.1 is amended to read as NO CHANGE Division 1 follows: SECTION 1.8.5 RIGHT OF ENTRY FOR 1.8.5.1 General. Subject to the provisions ENFORCEMENT of law, including Code of Civil Procedure 1.8.5.1 General. Subject to other Section 1822.50 et. seq., officers and provisions of law, officers and agents of agents of the Building Official may enter the enforcing agency may enter and and inspect public and private properties inspect public and private properties to to secure compliance with the provisions secure compliance with the rules and of this code and the rules and regulations regulations promulgated by the promulgated by the department of Department of Housing and Community housing and community development. Development. For limitations and For limitations and additional information additional information regarding regarding enforcement, see the following: enforcement, see the following: (The remainder of this section is 1. For applications subject to the State unchanged.) Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 1, commencing with Section 1. 2. For applications subject to the Mobile home Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Page 1 of 64 Safety Code, Division, 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division I, Chapter 2, commencing with Section 1000. 3. For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations,Title 25, Division I, Chapter 2.2, commencing with Section 2000. 4. For applications subject to the Employee Housing Act as referenced in Section 1 .8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600.5. For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division I, Chapter 3, Subchapter 1, i commencing with Section 3000. Page 2 of 64 Section 1.8.8 Appeals Board (b) Section 1.8.8.1 is amended to add the (b) Section 1.8.8.1 is amended to add 1.8.8.1 General. Every city, county, or city following: as an additional araQra hat the following as an additional paragraph and county shall establish a process to the end of the existing section: at the end of the existing section: hear and decide appeals of orders, For appeal of non-administrative For appeal of non-administrative decisions and determinations made by provisions of the code, the local appeals provisions of the code, the local appeals the enforcing agency relative to the board and the housing appeals board shall board and the housing appeals board application and interpretation of this be the Tiburon Building Code Appeals shall be the Tiburon Building Code code and other regulations governing Board, except that if required by Health Appeals Board, except that if required construction, use, maintenance and and Safety Code section 19957.5, the local by Health and Safety Code section change of occupancy. The governing body appeals board and the housing appeals 19957.5, the local appeals board and the of any city, county, or city and county board shall be the County of Marin's housing appeals board shall be the may establish a local appeals board and a Disability Access Appeals Board. The town County of Marin's Disability Access housing appeals board to serve this council shall hear appeals of Appeals Board. The town council shall purpose. Members of the appeals administrative provisions as generally hear appeals of administrative board(s) shall not be employees of the described in the administrative chapter of provisions as generally described in the enforcing agency and shall be this code. administrative chapter of this code. knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. Chapter 1, Division II (c) Chapter 1, Division II is modified as NO CHANGE Section 104 Duties and Powers of Building follows: Official (1) Section 104.6 is amended to add the [A] 104.6 Right of entry. Where it is following phrase to the end of the last Page 3 of 64 necessary to make an inspection to sentence: enforce the provisions of this code, or ", including the warrant provisions of where the building official has reasonable Section 1822.50 et. seq. of the Code of cause to believe that there exists in a Civil Procedure of the State of California." structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. [A] 105.2 Work exempt from permit. (2) Section 105.2 is amended to delete NO CHANGE Exemptions from permit requirements of subsections 2, 4, 5, 6 and 12, and to this code shall not be deemed to grant modify subsections 1 and 7 to read as authorization for any work to be done in follows: any manner in violation of the provisions 1. Detached accessory structures used as of this code or any other laws ordinances playhouses or play structures provided of this jurisdiction. Permits shall not be that the structure: required for the following: a. Does not exceed one-hundred twenty Page 4 of 64 { 1. One-story detached accessory (120) square feet in area and is portable structures used as tool and storage sheds, (i.e., is not anchored or affixed in any playhouses and similar uses, provided way); that the floor area is not greater than 120 b. Does not exceed twelve (12) feet in square feet (11 m2). height; and 2. Fences not over 7 feet (2134 mm) high. c. Contains no plumbing, electricity or 3. Oil derricks. heating or cooling appliances. 4. Retaining walls that are not over 4 feet d. Does not exceed one-story. (1219 mm) in height measured from the 7. Painting, papering, tiling, carpeting, bottom of the footing to the top of the counter tops and similar finish work; wall, unless supporting a sur-charge or except that repaving and/or re-striping of impounding Class I, it or IIIA liquids. parking lots shall require a permit. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925L) and the ratio of height to diameter or width is not greater than 2: 1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. j 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 Page 5 of 64 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and no not require additional support. 13. Nonfixed and moveable fixtures, cases, racks counters and partitions not over 5 feet 9 inches (1753 mm) in height. [A] 105.5 Expiration. Every permit issued (3) Section 105.5 is amended to read as (3) Section 105.5 is amended to read as shall become invalid unless the work on follows: follows: the site authorized by such permit is Section 105.5 Fxniratior, Section 105.5 Expiration. commenced within 180 days after its 1. All permits issued by the Building 1. All permits issued by the Building issuance, or if the work authorized on the Official shall expire by limitation and Official shall expire by limitation and site by such permit is suspended or become null and void eighteen (18) become null and void eighteen (18) abandoned for a period of 180 days after months from the date the permit is issued. months from the date the permit is the time the work is commenced. The except as fellawsi issued. building official is authorized to grant, in 2. In instances where the permittee writing, one or more extensions of time, has proceeded with due diligence and for periods not more than 180 days each. (24) McRth re.-,.,.,;+ be ;--4 ;_ +h- made substantial progress but is unable The extension shall be requested in to complete the project because of writing and justifiable cause vff;eial at the t;FAe of ;rc+;al ;',Suae,—elunforeseen circumstances beyond the demonstrated. _19control of the permittee, one extension 2. In instances where the permittee has of up to six (6) months may be granted, proceeded with due diligence and made without payment of additional charges Page 6 of 64 substantial progress but is unable to or penalties. In determining whether complete the project because of due diligence has been exercised, the unforeseen circumstances beyond the Building Official shall consider whether control of the permittee, one extension of work began promptly after permit up to six (6) months may be granted, issuance, whether work was conducted without payment of additional charges or on a regular basis, and any other penalties. In determining whether due relevant facts. diligence has been exercised, the Building 3. If the project is not completed Official shall consider whether work began within the six (6) month extension promptly after permit issuance, whether allowed under subsection 2 above or if work was conducted on a regular basis and the six (6) extension was not provided any other relevant facts. under subsection 2, a Stop Work Order 3. may be issued on the date of expiration and work shall not recommence until e*p4-eIf the proi2Ct is not com ted the permit is reactivated and extended. within_the six (6) month extension allowed A reactivation and extension may be __. . _ _ _ under subsection 2 above or he six 6issued by the Building Official once a extension yvas not�de unser reactivation/extension Charge equal to s_u1s2c_tion_2 a Stop Work Order-4� m,-/ the one (1) times original project be issued and work shall not recommence construction permit fees is paid. A until the permit is reactivated and reactivation/extension charge, for extended. A reactivation and extension purposes of this section, is primarily a shall be allowed only if there have been no penalty for failure to complete the substantive changes to the approved plans project within the allotted time, and and specifications and a secondarily a fee to recover the cost of reactivation/extension charge equal to providing additional building inspection eFigiRal Taj^tip ^^ *r + ^^ Pe—it division services, and is defined as the - one (1) times original project subtotal of the building, electrical, construction permit fees is paid. A plumbing, mechanical, grading, and reactivation/extension charge, for business license fee portions of the purposes of this section, is primarily a original permit. A permit reactivated Page 7 of 64 penalty for failure to complete the project and extended under this subsection within the allotted time, and secondarily a shall be valid for an additional six (6) fee to recover the cost of providing months beyond the date of its additional building inspection division expiration prior to the services, and is defined as the subtotal of reactivation/extension granted pursuant the building, electrical, plumbing, to this paragraph. mechanical, grading, and business license 4. If the project is not completed fee portions of the original permit. A within the six (6) month extension permit reactivated and extended under allowed under subsection 3 above, a this subsection shall be valid for an Stop Work Order may be issued on the additional six (6) months beyond the date date of expiration and work shall not of its expiration prior to the recommence until the permit is reactivation/extension granted pursuant reactivated and extended. Reactivation to this paragraph. and extension of the permit for another 737 fib_ If the project is not completed within six (6) month period shall be allowed the six (6) month extension allowed under only if a Reactivation/Extension Charge subsection -2-3 above, a Stop Work Order equal to three (3) times the original may be issued on the date of project construction permit fees, as expiration and work shall not recommence defined in subsection 3 above, is paid. A until the permit is reactivated and permit reactivated and extended under extended. A reactivation and extension of this subsection shall be valid for an the permit for another six (6) month additional six (6) months beyond the period shall be allowed only if there have date of its expiration prior to the been no substantive changes in the reactivation/extension granted pursuant approved plans and specifications and a to this paragraph. reactivation/extension charge equal to 5. If the project is not completed three (3)times the original project within the six (6) month extension construction permit fees, as defined in allowed under subsection 4 above, a subsection� 3 above, is paid. The Building Stop Work Order shall be issued and the Official may, in his sole discretion, reduce matter referred to the Town Council for the penalty based on such reasons as the resolution. The Town Council may Page 8 of 64 project's nearness to completion and/or reactivate and extend the permit for an the cause of the delay. A permit additional six (6) months upon reactivated and extended under this submission and acceptance of a subsection shall be valid for an additional completion schedule for the project and six (6) months beyond the date of its payment of five (5) times the original expiration prior to the project construction permit fees (as reactivation/extension granted pursuant defined in subsection 2 above) as a to this paragraph. Reactivation/Extension Charge. The 4-5. If the project is not completed within Town Council may, in its sole discretion, the six (6) month extension allowed under reduce the reactivation/extension subsection -3 4 above, a Stop Work Order charge based on such reasons as the shall be issued and the matter referred to project's nearness to completion and/or the town council for resolution. The town the cause of the delay. council may reactivate and extend the 6. If subsequent extensions are permit for an additional six (6) months necessary Town Council shall determine upon submission and acceptance of a appropriate fees and conditions. completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge;.a-R4 previded that there have beeR He substaRtiv_ ,� @Rd speGiifiea# �. The town council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay. �- 4i tom- z^'v'ji-G, th s-'u G\ th t nc' IIS ri c{ vv-c-a�-anc�i- sLibseEtien 4 abev�e-o,Ursaa t tv� Page 9 of 64 RRGI the matter refeFFed to the i GoricstFUC-tcii'R Ma RageF fnr a GeRtFacted, fees (as defi 2 above) as a TC'U'GZ'O'C+'nn lex, e- SUbStaRtive Gh,3RgeS 'r` +h r, rnrnee�� ria-+rye ��. 3s 33 subsequent extensions are necessary ToIvn Ccc-nci shai determine aparopriat` `ees and ! conditions. [A] 109.2 Schedule of permit fees. On (4) Section 109.2 is amended to read as NO CHANGE buildings, structures, electrical, gas, follows: mechanical, and plumbing systems or 109.2 Schedule of Fees. alterations requiring a permit, a fee for On buildings, structures, electrical, gas, each permit shall be paid as required, in mechanical and plumbing system accordance with the schedule as alterations requiring a permit, a fee for established by the applicable governing each permit shall be required as set forth authority. in the Building Division Fee Schedule as adopted by resolution of the town council Page 10 of 64 and amended from time to time. [A] 109.4 Work commencing before (5) Section 109.4 is amended to read as NO CHANGE permit issuance. Any person who follows: commences any work on a building, 109.4 Work commencing before permit structure, electrical, gas, mechanical or issuance. plumbing system before obtaining the Any person who commences any work necessary permits shall be subject to a fee without a permit on a building, structure, established by the building official that electrical, gas, mechanical or plumbing shall be in addition to the required permit system before obtaining the necessary fees. permits shall be subject to a penalty as set forth in the Town's Schedule of Fines, established by resolution of the town council and amended from time to time. SECTION 113 BOARD OF APPEALS (6) Section, 113.1 is amended by adding (6) Section 113.1 is amended to add the [A] 113.1 General. In order to hear and the following seRteRee theret as an following as an additional paragraph at decide appeals of orders, decisions or additional paragraph at theend_of the the end of the existing section: For determinations made by the building existing section: appeal of non-administrative provisions official relative to the application and For appeal of non-administrative of the code, the local appeals board and interpretation of this code, there shall be provisions of the code, the local appeals the housing appeals board shall be the and is hereby created a board of appeals. board and the housing appeals board shall Tiburon Building Code Appeals Board, The board of appeals shall be appointed be the Tiburon Building Code Appeals except that if required by Health and by the applicable governing authority and Board, except that if required by Health Safety Code section 19957.5, the local shall hold office at its pleasure. The board and Safety Code section 19957.5, the local appeals board and the housing appeals shall adopt rules of procedure for appeals board and the housing appeals board shall be the County of Marin's conducting its business. board shall be the County of Marin's Disability Access Appeals Board. The Disability Access Appeals Board. The town council shall hear appeals of town council shall hear appeals of administrative provisions as generally administrative provisions as generally described in the administrative chapter described in the administrative chapter of of this code. this code. Page 11 of 64 Section 202 Definitions Section 202 Definitions, APPROVED Section 202 Definitions, APPROVED [A] Approved Agency. An established and AGENCY is arnended by adding the AGENCY is amended by adding the recognized agency that is regularly following as the last sentence of the first following as the last sentence of the first engaged in conducting tests, furnishing Paragraph: Approval shall be based on the paragraph: Approval shall be based on inspection services or furnishing product review of thea geni ,jfD_cy s guality control the review of the agency's quality certification where such agency has been manuals and standard operating control manuals and standard operating approved by the building official. 2E2�cecluresjn accordance with ASTM procedures in accordance with ASTM [HCD1 & HCD 2] "Approved agency shall E329-18. E329-18. mean "Listing agency" and "Testing agency." [DSA-SS, DSA-SS/CC] This term is synonymous with "laboratory of record" as referenced in section 4-335 of the California Administrative Code. SECTION 501 General (d) Section 5C)1.2 501.1 is amended to (d) Section 501.1 is amended to read as [F] 502.1 Address identification. New and read as follows: follows: existing buildings shall be provided with -541—.2 502.1 Address Numbers. 502.1 Address Numbers. approved address identification. The 1. The following standards for address 1. The following standards for address address identification shall be legible and markings shall apply to residential markings shall apply to residential placed in a position that is visible from the buildings: buildings: street or road fronting the property. a. All residential structures shall display a a. All residential structures shall display a Address identification characters shall street number in a prominent position so street number in a prominent position contrast with their background. Address that it shall be easily visible from the so that it shall be easily visible from the numbers shall be Arabic numbers or street. The numerals in these numbers street. The numerals in these numbers alphabetical letters. Numbers shall not be shall be no less than four inches in height, shall be no less than four inches in spelled out. Each character shall be a and one-half inch in width, of a color height, and one-half inch in width, of a minimum of 4 inches (102 mm) high with contrasting to the background and color contrasting to the background and a minimum stroke width of 1/2 inch (12.7 located so they may be clearly seen and located so they may be clearly seen and mm). Where required by the fire code read. If a building is not easily visible from read. If a building is not easily visible official, address identification shall be the street, then the numbers are to be from the street, then the numbers are to provided in additional approved locations mounted at the access drive leading to be mounted at the access drive leading Page 12 of 64 to facilitate emergency response. Where the building. to the building. access is by means of a private road and b. At each vehicular access to a multiple b. At each vehicular access to a multiple the building address cannot be viewed family dwelling complex having four or family dwelling complex having four or from the public way, a monument, pole or more buildings, there shall be an more buildings, there shall be an other approved sign or means shall be illuminated diagrammatic representation illuminated diagrammatic used to identify the structure. Address (plot plan) of the complex, which shows representation (plot plan) of the identification shall be maintained. the location of the viewer and the complex, which shows the location of building units within the complex. the viewer and the building units within c. In multiple family dwelling complexes, the complex. any building having a separate identifying c. In multiple family dwelling complexes, factor other than the street number shall any building having a separate be clearly identified in the manner identifying factor other than the street described in subsection a. Each individual number shall be clearly identified in the unit of residence shall have a unit manner described in subsection a. Each identifying number, letter, or combination individual unit of residence shall have a thereof displayed upon the door. unit identifying number, letter, or d. Maps of the multiple family complex combination thereof displayed upon the will be furnished to the police department door. and applicable fire district upon d. Maps of the multiple family complex completion of construction. The maps will be furnished to the police shall include building identification and department and applicable fire district unit identification. upon completion of construction. The e. Buildings shall be numbered in such a maps shall include building identification manner and sequence as to meet with the and unit identification. approval of the enforcing authority. e. Buildings shall be numbered in such a f.This section shall not prevent manner and sequence as to meet with supplementary numbering such as the approval of the enforcing authority. reflective numbers on street curbs or f. This section shall not prevent decorative numbering, but this shall be supplementary numbering such as considered supplemental only and shall reflective numbers on street curbs or not satisfy the requirements of this decorative numbering, but this shall be Page 13 of 64 section. considered supplemental only and shall 2. The following standards for address not satisfy the requirements of this markings shall apply to commercial section. buildings: 2. The following standards for address a. The address number of every markings shall apply to commercial commercial building shall be located and buildings: displayed so that it shall be easily visible a. The address number of every from the street. commercial building shall be located and b. The numerals in these numbers shall be displayed so that it shall be easily visible no less than six inches in height, one-half from the street. inch in width, and of a color contrasting to b. The numerals in these numbers shall the background. In addition, any business be no less than six inches in height, one- which affords vehicular access to the rear half inch in width, and of a color through any driveway, alleyway, or contrasting to the background. In parking lot shall also display the same addition, any business which affords numbers on the rear of the building. vehicular access to the rear through any c. When required by the Building Official, driveway, alleyway, or parking lot shall approved numbers or addresses shall be also display the same numbers on the placed on all new and existing buildings in rear of the building. such a position as to be plainly visible and c. When required by the Building Official, legible from the fire apparatus road at the approved numbers or addresses shall be back of a property or where rear parking placed on all new and existing buildings lots or alleys provide an acceptable in such a position as to be plainly visible vehicular access. Number height and and legible from the fire apparatus road width shall comply with Section 501.2. at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number height and width shall comply with Section 501.2. Section 903 Automatic Sprinkler Systems (e) Section 903.2, first sentence, is NO CHANGE Page 14 of 64 [F] 903.2 Where required. Approved amended to read as follows: automatic sprinkler systems in new 903.2 Where required. buildings and structures shall be provided Approved automatic sprinkler systems in in the locations described in Sections new buildings and structures shall be 903.2.1 through 903.2.12. provided in the locations described in this Exception: Spaces or areas in section, provided that where applicable telecommunications buildings used code provisions adopted by the Tiburon exclusively for telecommunications Fire Protection District or Southern Marin equipment, associated electrical power Fire Protection District are more distribution equipment, batteries and restrictive, the more restrictive provisions standby engines, provided that those shall control. spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 or not less than 2-hour horizontal assemblies constructed in accordance with Section 711, or both. Chapter 10 Means of Egress (f) Section 1015.2 is amended by adding (f) Section 1015.2 is amended by adding SECTION 1015 GUARDS the following era e. as the last the following as the last sentence of the 1015.2 Where required. Guards shall be sentence of the paragraph before the paragraph, before the listed exceptions: located along open sided walking surfaces, listed exceptions: Guards are also required at waterfront including mezzanines, equipment Guards are also required at waterfront bulkheads, fixed piers and gangways. platforms, aisles, stairs, ramps and bulkheads, fixed piers and gangways. landings that are located more than 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Guards shall be Page 15 of 64 adequate in strength and attachment in accordance with Section 1607.8. Exception: Guards are not required for the following locations: 1. On the loading side of loading docks or piers. 2. On the audience side of stages and raised platforms, including stairs leading up to the stage and raised platforms. 3. On raised stage and platform floor areas, such as runways, ramps and side stages used for entertainment or presentations. 4. At vertical openings in the performance area of stages and platforms. 5. At elevated walking surfaces appurtenant to stages and platforms for access to and utilization of special lighting or equipment. 6. Along vehicle service pits not accessible to the public. 7. In assembly seating areas at cross aisles in accordance with Section 1029.17.2. 8. Elevated facility observation station access hatches at detention facilities. Section 1505 FIRE CLASSIFICATION (g) Section 1505 is amended to read as NO CHANGE 1505.1 General. Roof assemblies shall be follows: divided into the classes determined in this The roof covering on any structure section. Class A, B and C roof assemblies regulated by this code shall be as and roof coverings required to be listed by specified in California Building Code this section shall be tested in accordance Chapter 15 with the following conditions: Page 16 of 64 with ASTM E108 or UL 790. In addition, 1. All new buildings and new additions fire-retardant-treated wood roof shall have at least a Class A-listed or coverings shall be tested in accordance noncombustible roof covering. with ASTM D2898. The minimum roof 2. Where alterations or repairs to existing coverings installed on buildings shall roofs involve more than fifty (50) percent comply with table 1505.1 based on the of the total area of an existing building type of construction of the building. within a one-year time period, the entire Exception: Skylights and sloped glazing roof shall be retrofitted with at least a that comply with Chapter 24 or section Class A-listed or noncombustible roof. 2610. 3. Where applicable code provisions 1505.1.1 Roof coverings within very high adopted by the Tiburon Fire Protection fire hazard severity zones. The entire roof District or Southern Marin Fire Protection covering of every existing structure where District are more restrictive, the more more than 50 percent of the total roof restrictive provisions shall control. area is replaced within any one-year period, the entire roof covering of every new structure, and any roof cover-ing applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. Exception: The requirements shall not apply in any jurisdiction that adopts the model ordinance approved by the State Fire Marshal pursuant to Section 51189 of the Government Code or an ordinance that substan-tially conforms to the model ordinance and transmits a copy to the State Fire Marshal. Page 17 of 64 1505.1.2 Roof coverings within state responsibility areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure shall be a fire-retardant roof covering that is at least Class B. Exception: Areas designated as moderate fire hazard severity zones. 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C. 1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area. Roofing requirements for structures located in a Wildland-Urban Intelface Fire Area shall also comply with Section 705A. Page 18 of 64 [BF] 1505.2 Class A roof assemblies. Class A roof assemblies are those that are effective against severe fire test exposure. Class A roof assemblies and roof coverings shall be listed and identified as Class A by an approved testing agency. Class A roof assemblies shall be permitted for use in buildings or structures of all types of construction. Exceptions: 1. Class A roof assemblies include those with coverings of brick, masonry or an exposed concrete roof deck. 2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile or slate installed on non- combustible decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing. 3. Class A roof assemblies include minimum 16 ounce per square foot (0.0416 kg/m2) copper sheets installed over combustible decks. 4. Class A roof assemblies include slate installed over ASTM D226,Type II underlayment over combusti-ble decks. SEE ENTIRE APPENDIX J (h) Appendix J "GRADING" is amended as NO CHANGE Page 19 of 64 follows: J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division Fee Schedule established by resolution of the town council as amended from time to time. J110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or corporation who has a valid building, demolition or grading permit shall permit any mud, loose dirt or debris to be removed from the job site and deposited on any public street or sidewalk. 13-4.2 Residential Code. 13-4.2.1 Amendments to the 241-6 2019 California Residential Code. The 244€-2019 California Residential Code is amended as follows: SECTION 1.8.5 (a) Section 1.8.5.1 is amended to read as NO CHANGE RIGHT OF ENTRY FOR ENFORCEMENT follows: 1.8.5.1 General. Subject to other 1.8.5.1 General. Subject to the provisions provisions of law, officers and agents of of law, including Code of Civil Procedure the enforcing agency may enter and Section 1822.50 et. seq., officers and inspect public and private properties to agents of the Building Official may enter secure compliance with the rules and and inspect public and private properties regulations promulgated by the to secure compliance with the provisions Department of Housing and Community of this code and the rules and regulations Development. For limitations and promulgated by the department of additional information regarding housing and community development. For enforcement, see the following: limitations and additional information 1. For applications subject to the State regarding enforcement, see the following: Housing Law as referenced in Section (The remainder of this section is 1.8.3.2.1 of this code, refer to Health and unchanged.) Page 20 of 64 Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 1, commencing with Section 1. 2. For applications subject to the Mobile home Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division f, Chapter 2, commencing with Section 1000. 3. For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this Code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division I, Chapter 2.2, commencing with Section 2000. 4. For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, Section 17000 and California Code of Regulations, Title 25. Division I, Chapter 1, Subchapter 3, commencing with Section 600. 5. For applications subject to the Factory- Built Housing Law as referenced in Section Page 21 of 64 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Sections 19960 and California Code of Regulations. Title 25, Division I, Chapter 3, Subchapter 1, commencing with Section 3000. SECTION 1.8.8 (b) Section 1.8.8.1 is amended to delete (b) Section 1.8.8.1 is amended to delete APPEALS BOARD the I the second paragraph and add the 1.8.8.1 General. Every city, county, or city second paragraph and add the following following paragraph to the end of the and county shall establish a process to paraFrarah to the end of the section: section: hear and decide appeals of orders, For appeal of non-administrative For appeal of non-administrative decisions and determinations made by the provisions of the code, the local appeals provisions of the code, the local appeals enforcing agency relative to the board and the housing appeals board shall board and the housing appeals board application and interpretation of this code be the Tiburon Building Code Appeals shall be the Tiburon Building Code and other regulations governing Board, except that if required by Health Appeals Board, except that if required by construction, use, maintenance and and Safety Code section 19957.5, the local Health and Safety Code section 19957.5, change of occupancy. The governing body appeals board and the housing appeals the local appeals board and the housing of any city, county, or city and county may board shall be the County of Marin's appeals board shall be the County of establish a local appeals board and a Disability Access Appeals Board. The Marin's Disability Access Appeals Board. housing appeals board to serve this town council shall hear appeals of The town council shall hear appeals of purpose. Members of the appeals administrative provisions as generally administrative provisions as generally board(s) shall not be employees of the described in the administrative chapter of described in the administrative chapter enforcing agency and shall be this code. of this code. knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city Page 22 of 64 and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. Chapter 1, Division II (c) Chapter 1, Division II is modified as NO CHANGE R104.6 Right of entry. Where it is follows: necessary to make an inspection to (1) Section 104.6 is amended to add the enforce the provisions of this code, or following phrase to the end of the last where the building official has reasonable sentence: cause to believe that there exists in a ", including the warrant provisions of structure or upon a premises a condition Section 1822.50 et. seq. of the Code of that is contrary to or in violation of this Civil Procedure of the State of California." code that makes the structure or premises unsafe, dangerous or hazardous, the building official or designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner's authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. Page 23 of 64 R105.2 Work exempt from permit. (2) Section 105.2 is amended to delete NO CHANGE Exemption from permit requirements of (building) subsections 2, 3, 4, 5, 9 and 10, this code shall not be deemed to grant and to modify subsections 1 and 6 to read authorization for any work to be done in as follows: any manner in violation of the provisions 1. Detached accessory structures used as of this code or any other laws or playhouses or play structures provided ordinances of this jurisdiction. Permits that the structure: shall not be required for the following: a. Does not exceed one-hundred twenty Building: (120) square feet in area and is portable I. One-storydetached accessory i.e. is not anchored or affixed in an wa Y (� Y Y), structures, provided that the floor area b. Does not exceed twelve (12) feet in does not exceed 120 square feet height, and i (11.15 m2). c. Contains no plumbing, electricity or 2. Fences not over 7 feet (2134 mm) high. heating or cooling appliances. 3. Retaining walls that are not over 4 feet d. Does not exceed one-story. (1219 mm) in height measured from the 6. Painting, papering, tiling, carpeting, bottom of the footing to the top of the counter tops and similar finish work; wall, unless supporting a surcharge. except that repaving and/or re-striping of 4. Water tanks supported directly upon parking lots shall require a permit. grade if the capacity does not exceed 5,000 gallons (18,927 Q and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. Page 24 of 64 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. j 10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 Watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. Page 25 of 64 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe Page 26 of 64 becomes defective and it becomes -� necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. R105.5 Expiration. Every permit issued (3) Section 105.5 is amended to read as (3) Section 105.5 is amended to read as shall become invalid unless the work follows: follows: authorized by such permit is commenced 1. All permits issued by the Building 1. All permits issued by the Building within 180 days after its issuance or after Official shall expire by limitation and Official shall expire by limitation and commencement of work if more than 180 become null and void eighteen (18) become null and void eighteen (18) days pass between inspections. The months from the date the permit is issued- months from the date the permit is building official is authorized to grant, in exeept as fellows: issued. writing, one or more extensions of time,-AR i sta where the ppejec44 2. In instances where the permittee has for periods not more than 180 days each. unusually large er ecama€ems t--Y proceeded with due diligence and made The extension shall be requested in substantial progress but is unable to writing and justifiable cause complete the project because of demonstrated. unforeseen circumstances beyond the control of the permittee, one extension 2. In instances where the permittee has of up to six (6) months may be granted, proceeded with due diligence and made without payment of additional charges substantial progress but is unable to or penalties. In determining whether complete the project because of due diligence has been exercised, the j unforeseen circumstances beyond the Building Official shall consider whether control of the permittee, one extension of work began promptly after permit Page 27 of 64 up to six (6) months may be granted, issuance, whether work was conducted without payment of additional charges or on a regular basis, and any other penalties. In determining whether due relevant facts. diligence has been exercised, the Building 3. If the project is not completed within Official shall consider whether work began the six (6) month extension allowed promptly after permit issuance, whether under subsection 2 above or if the six work was conducted on a regular basis and (6) month extension was not provided any other relevant facts. under subsection 2, a Stop Work Order 3. may be issued on the date of expiration and work shall not recommence until �e If the project is not completed the permit is reactivated and extended. within the six 6 month extension allowed A reactivation and extension may be under subsection 2 above or if the six issued by the Building Official once a (6)month extension was not provided reactivation/extension Charge equal to nder subsection 2--a Stop Work Order the one (1) times original project silk May be issued and work shall not construction permit fees is paid. A recommence until the permit is reactivation/extension charge, for reactivated and extended. A Reactivation purposes of this section, is primarily a and extension shall be allowed only if penalty for failure to complete the there have been no substantive changes to project within the allotted time, and the approved plans and specifications and secondarily a fee to recover the cost of a reactivation/extension Charge equal to providing additional building inspection division services, and is defined as the one (1) times original p-eject subtotal of the building, electrical, construction fees is paid. A plumbing, mechanical, grading, and Reactivation/Extension Charge, for business license fee portions of the purposes of this section, is primarily a original permit. A permit reactivated penalty for failure to complete the project and extended under this subsection within the allotted time, and secondarily a shall be valid for an additional six (6) fee to recover the cost of providing months beyond the date of its additional building inspection division expiration prior to the Page 28 of 64 services, and is defined as the subtotal of reactivation/extension granted the building, electrical, plumbing, pursuant to this paragraph. mechanical, grading, and business license 4. If the project is not completed within fee portions of the original permit. A the six (6) month extension allowed permit reactivated and extended under under subsection 3 above, a Stop Work this subsection shall be valid for an Order may be issued on the date of additional six (6) months beyond the date expiration and work shall not of its expiration prior to the recommence until the permit is reactivation/extension granted pursuant reactivated and extended. Reactivation to this paragraph. and extension of the permit for another -3- 4. If the project is not completed within six (6) month period shall be allowed the six (6) month extension allowed under only if a Reactivation/Extension Charge subsection ;13 above, a Stop Work Order equal to three (3) times the original s4a4 rnav be issued on the date of project construction permit fees, as expiration and work shall not recommence : defined in subsection 3 above, is paid. A until the permit is reactivated and permit reactivated and extended under extended. Reactivation and extension of this subsection shall be valid for an the permit for another six (6) month additional six (6) months beyond the period shall be allowed only if a date of its expiration prior to the Reactivation/Extension Charge equal to reactivation/extension granted three (3)times the original project pursuant to this paragraph. construction permit fees, as defined in 5. If the project is not completed within subsection -Z 3 above, is paid. The Building the six (6) month extension allowed Official may, in his sole discretion, reduce under subsection 4 above, a Stop Work the penalty based on such reasons as the Order shall be issued and the matter project's nearness to completion and/or referred to the Town Council for the cause of the delay. A permit resolution. The Town Council may reactivated and extended under this reactivate and extend the permit for an subsection shall be valid for an additional additional six (6) months upon six (6) months beyond the date of its submission and acceptance of a expiration prior to the completion schedule for the project and Page 29 of 64 reactivation/extension granted pursuant payment of five (5) times the original to this paragraph. project construction permit fees (as 4-S. If the project is not completed within defined in subsection 2 above) as a the six (6) month extension allowed under Reactivation/Extension Charge. The subsection -3,4-above, a Stop Work Order Town Council may, in its sole discretion, shall be issued and the matter referred to reduce the reactivation/extension the town council for resolution. The town charge based on such reasons as the council may reactivate and extend the project's nearness to completion and/or permit for an additional six (6) months the cause of the delay. upon submission and acceptance of a 6. If subsequent extensions are completion schedule for the project and necessary Town Council shall determine payment of five (5) times the original appropriate fees and conditions. project construction permit fees (as defined in subsection,3 above) as a reactivation/extension charge. &R4 prev'ded that there have beeR Re 64hcta RtiVe Gha Rges P14Rc speG f eatieThe town council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay. 6. , v I the ME)R d d the tter r f ed to the t r-��-`T'u'-cecru�'i-�'rrc-r�e-c}��c'�e—ir'c�,� }^.+. � ' cif e r-`f C�.JQTURprrr.�H'�'"2"CTvvl'rnr" p T R;ay impese a d€tFc a! —4emeRts, s-1, as the -e eRt r,__ of a qualified c-�e}R�t# . fee e eF;!"� e-preJeet� C}�rC C YYTd aY Page 30 of 64 'mrnrifi of 1-11 r .,-h r r-4;t'nr.`r'ace-n-c-'a FeaseRable, and payment of five (5) es F-e@Gtivatti^/exte r � . i +' r -�rcn-�p�z-�--i�cat-i-o':r`T if S l,l b S'��.Q u e i?l ei:':e'?SOS are 1oCeSS1vi, ..........�OU' .! Shal! deterlml Po?lro,or iaie Te,2S nGi Cone tions. SECTION R312 GUARDS AND WINDOW (e) Section R312.1.1 is amended by adding (e) Section R312.1.1 is amended by FALL PROTECTION the following sentence: adding the following sentence: R312.1.1 Where required. Guards shall be "Guards are also required �+ +^rfr^^* ` "Guards are also required for those cr-c-�v-c^ccrrrvi rc-:U! provided for those portions of open-sided th_o_se_por ions of open-sided walking portions of open-sided walking surfaces .. _...._....... walking surfaces, including stairs, ramps surfaces of bulkheads, fixed piers and of bulkheads, fixed piers and gangways and landings, that are located more than gangways at waterfronts. at waterfronts". 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Insect screening shall not be considered as a guard. R313.3 Dwelling unit fire sprinkler (f) Section R-31-3-.3 R313.3.1, first sentence, (f) Section R313.3.1, first sentence, systems a-s shall be amended to read as follows: shall be amended to read as follows: R313.3.1 General. The design and R313.3 Where required. R313.3 Where required. installation of residential fire sprinkler Approved automatic sprinkler systems in Approved automatic sprinkler systems Page 31 of 64 systems shall be in accordance with NFPA new buildings and structures shall be in new buildings and structures shall be 13D or Section R313.3, which shall be provided in the locations described in this provided in the locations described in considered equivalent to NFPA 13D. section, provided that where applicable this section, provided that where Partial residential sprinkler systems shall code provisions adopted by the Tiburon applicable code provisions adopted by be permitted to be installed only in Fire Protection District or Southern Marin the Tiburon Fire Protection District or buildings not required to be equipped Fire Protection District are more Southern Marin Fire Protection District with a residential sprinkler system. restrictive, the more restrictive provisions are more restrictive, the more Section R313.3 shall apply to stand-alone shall control. restrictive provisions shall control. and multipurpose wet-pipe sprinkler systems that do not include the use of antifreeze. A multipurpose fire sprinkler system shall supply domestic water to both fire sprinklers and plumbing fixtures. A stand-alone sprinkler system shall be separate and independent from the water distribution system. SECTION R319 SITE ADDRESS (d) Section R319.1 is amended to read as NO CHANGE R319.1 Address identification. Buildings follows: shall be provided with approved address R319.1 Address Numbers. The following identification. The address identification standards for address markings shall apply shall be legible and placed in a position to residential buildings: that is visible from the street or road a. All residential structures shall display a fronting the property. Address street number in a prominent position so identification characters shall contrast that it shall be easily visible from the with their background. Address numbers street. The numerals in these numbers shall be Arabic numbers or alphabetical shall be no less than four inches in height, letters. Numbers shall not be spelled out. and one-half inch in width, of a color Each character shall be not less than 4 contrasting to the background and located inches (102 mm) in height with a stroke so they may be clearly seen and read. If a width of not less than 0.5 inch (12.7 mm). building is not easily visible from the Where required by the fire code official, street, then the numbers are to be Page 32 of 64 address identification shall be provided in mounted at the access drive leading to the additional approved locations to facilitate building. emergency response. Where access is by b. At each vehicular access to a multiple means of a private road and the building family dwelling complex having four or address cannot be viewed from the public more buildings, there shall be an way, a monument, pole or other sign or illuminated diagrammatic representation means shall be used to identify the (plot plan) of the complex, which shows structure. Address identification shall be the location of the viewer and the building maintained. units within the complex. c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. above. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification. e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be Page 33 of 64 considered supplemental only and shall not satisfy the requirements of this section. SECTION R905 REQUIREMENTS FOR ROOF (g) Section 3 R905.1 is amended to (g) Section R905.1 is amended to read .................................. COVERINGS read as follows: as follows: R905.1 Roof covering application. Roof The roof covering on any structure The roof covering on any structure coverings shall be applied in accordance regulated by this code shall be as specified regulated by this code shall be as with the applicable provisions of this in California Residential Code Chapter 9 specified in California Residential Code section and the manufacturer's with the following conditions: Chapter 9 with the following conditions: installation instructions. Unless otherwise 1. All new buildings and new additions 1. All new buildings and new additions specified in this section, roof coverings shall have at least a Class A-listed or shall have at least a Class A-listed or shall be installed to resist the component noncombustible roof covering. noncombustible roof covering. and cladding loads specified in Table 2. Where alterations or repairs to existing 2. Where alterations or repairs to R301.2(2), adjusted for height and roofs involve more than fifty percent of ; existing roofs involve more than fifty exposure in accordance with Table the total area of an existing building within percent of the total area of an existing R301.2(3). a one-year time period, the entire roof building within a one-year time period, R905.1.1 Underlayment for asphalt shall be retrofitted with at least a Class A- the entire roof shall be retrofitted with shingles, clay and concrete tile, metal roof listed or noncombustible roof. at least a Class A-listed or shingles, mineral-surfaced roll roofing, 3. Where applicable code provisions noncombustible roof. slate and slate-type shingles, wood adopted by the Tiburon Fire Protection 3. Where applicable code provisions shingles, wood shakes, metal roof panels District or Southern Marin Fire Protection adopted by the Tiburon Fire Protection and photovoltaic shingles shall conform to District are more restrictive, the more District or Southern Marin Fire the applicable standards listed in this restrictive provisions shall control. Protection District are more restrictive, chapter. Underlayment materials required the more restrictive provisions shall to comply with AS11VI D226, D1970, control. D4869 and D6757 shall bear a label indicating compliance to the standard designation and, if applicable, type classification indicated in Table R905.1.1(1). Underlayment Starting at the eave, apply 36-inch-wide (914 mm) strips Page 34 of 64 of underlayment felt, overlapping successive sheets 19 inches (483 mm). End laps shall be 4 inches (102 mm) and shall be offset by 6 feet (1829 mm). 3.2. The underlayment shall be attached with corrosion-resistant fasteners in a o- rid pattern of 12 inches (305 mm) between side laps with a 6-inch (152 mm) spacing at side and end laps. 3.3. Underlayment shall be attached using metal or plastic cap nails with a nominal cap diameter of not less than I inch (25 mm). Metal caps shall have a thickness of not less than 32-gage sheet metal. Power- driven metal caps shall have a thickness of not less than 0.010 inch (0.25 mm). Minimum thickness of the outside edge of plastic caps shall be 0.035 inch (0.89 mm). 3.4. The cap nail shank shall be not less than 0.083 inch (2.11 mm) for ring shank cap nails and 0.091 inch (2.31 mm) for smooth shank cap nails. Cap nail shank shall have a length sufficient to penetrate through the roof sheathing or not less than 3/4 inch (19 mm) into the roof sheathing. SEE 2019 CRC APPENDIX 1 (h) Adopt Appendix J as published in the (h) Adopt Appendix J as published in the 2019 California Residential Building Code 2019 California Residential Building Code 13-4.3 Plumbing Code. 13-4.3.1 Amendments made to the 2-94-6 2019 California Plumbing Code. Page 35 of 64 The 2-9-16 2019 California Plumbing Code is amended as follows: 1.8.5 Right of Entry for Enforcement (a) Section 1.8.5.1 is amended to modify NO CHANGE 1.8.5.1 General. Subject to other the first sentence to read as follows: provisions of law, officers and agents of Section 1.8.5.1 General. Subject to the the enforcing agency may enter and provisions of law, including Section inspect public and private properties to 1822.50 et. seq. of the Code of Civil secure compliance with the rules and Procedure of the State of California, regulations promulgated by the officers and agents of the Building Official Department of Housing and Community may enter and inspect public and private Development. For limitations and properties to secure compliance with the additional information regarding provisions of this code. enforcement, see the following: (The remainder of this section is 1. For applications subject to State unchanged) Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910, and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 1, commencing with Section 1. 2. For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200, and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000. 3. For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Page 36 of 64 Health and Safety Code Division 13, Part 2.3, commencing with Section 18860, and California Code of Regulations, Title 25, Division I, Chapter 2.2, commencing with Section 2000. 4. For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000, and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 3, commencing with Section 600. 5. For applications subject to the FactOly- Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960, and California Code of Regulations, Title 25, Division I, Chapter 3, Subchapter 1, commencing with Section 3000. 1.8.8 Appeals Board. (b) Section 1.8.8.1 is amended by deleting Section 1.8.8.1 is amended by deleting 1.8.8.1 General. Every city, county, or city the the second paragraph and add the and county shall establish a process to : s.eccn following paragraph to the end of the hear and decide appeals of orders, vara Rraph and add the foilcvvi � section: For appeal of non- decisions, and determinations made by 2,,ragraph to the end of the sectio;;: administrative provisions of the code, the enforcing agency relative to the For appeal of non-administrative the local appeals board and the housing application and interpretation of this code provisions of the code, the local appeals appeals board shall be the Tiburon and other regulations governing board and the housing appeals board shall Building Code Appeals Board, except construction use, maintenance and be the Tiburon Building Code Appeals that if required by Health and 'Safety change of occupancy. The governing body Board, except that if required by Health Code section 19957.5, the local appeals Page 37 of 64 of any city, county, or city and county may and Safety Code section 19957.5, the local board and the housing appeals board establish a local appeals board and a appeals board and the housing appeals shall be the County of Marin's Disability housing appeals board to serve this board shall be the County of Marin's Access Appeals Board. The town council purpose. Members of the appeals boards Disability Access Appeals Board. The town shall hear appeals of administrative shall not be employees of the enforcing council shall hear appeals of provisions as generally described in the agency and shall be knowledgeable in the administrative provisions as generally administrative chapter of this code. applicable building codes, regulations and described in the administrative chapter of ordinances as determined by the this code. governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. 101.0 General. (1) Section 101.1 is amended to read as NO CHANGE 101.1 Title. This document shall be known follows: as the "Uniform Plumbing Code," may be These regulations shall be known as the cited as such, and will be referred to California Plumbing Code, may be cited as herein as "this code." such, and will be referred to herein as "this code". 103.0 Duties and Powers of the Authority (2) Section 103.1 is amended to r-e� (2) Section 103.1 is amended to add the Having Jurisdiction. flews add the following sentence at the following sentence at the end of the 103.1 General. The Authority Having end of the section to read as follows: section to read as follows: Jurisdiction shall be the Authority duly The term e#"AUTHORITY The term "AUTHORITY HAVING appointed to enforce this code. For such HAVING JURISDICTION" is ameRded te JURISDICTION" shall mean the Building purposes, the Authority Having : shall mean Official or his duly authorized Jurisdiction shall have the powers of a law AUTHORITY HAVING jURISDICTION — the representative. enforcement officer. The Authority Having Page 38 of 64 Jurisdiction shall have the power to t?-- Building Official or his duly authorized render interpretations of this code and to representative. adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall comply with the intent and purpose of this code. In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint a such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency. The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties in accordance with this code or other pertinent law or ordinance. 103.4.2 is deleted in the 2019 code. (3) Section 103.4.2 is deleted. NO CHANGE 104.3 Application for Permit. To obtain a (4) Section 104.3 is amended to read as (4) Section 104.3 is amended to read as permit, the applicant shall first file an follows: follows: Page 39 of 64 application therefore in writing on a form 443-.2L.4_'104.3 Application. To obtain a 104.3 Application. To obtain a permit, furnished by the Authority Having permit, the applicant shall apply to the the applicant shall apply to the Authority Jurisdiction for that purpose. Such Authority Having Jurisdiction for that Having Jurisdiction for that purpose. application shall: purpose. Every such application shall: Every such application shall: (1) Identify and describe the work to be (The remainder of this section is (The remainder of this section is covered by the permit for which unchanged.) unchanged.) application is made. (2) Describe the land upon which the proposed work is to be done by legal description, street address, or similar description that will readily identify and locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. 104.3.2 Plan Review Fees. Where a plan or (5) Section 104.3.2 is amended to read as NO CHANGE other data is required to be submitted in follows: accordance with Section 104.3.1, a plan 104.3.2 General. Fees shall be assessed in review fee shall be paid at the time of accordance with the provisions of this submitting construction documents for section and as set forth in the Building review. Division Fee Schedule adopted by The plan review fees for plumbing work resolution of the town council and shall be determined and adopted by this amended from time to time. jurisdiction. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5. Where plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 104.5. 104.5 Fees. Fees shall be assessed in (6) Section 104.5 is amended to read as NO CHANGE Page 40 of 64 accordance with the provisions of this follows: section and as set forth in the fee 104.5 Fees. Any person desiring a permit schedule, Table 104.5. The fees are to be required by this code shall, at the time of determined and adopted by this issuance therefore, pay a fee, which fee jurisdiction. shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. 105.2.6 Reinspections. A reinspection fee (7) Section 105.2.6 is amended to replace NO CHANGE shall be permitted to be assessed for each the fourth paragraph with the following: inspection or reinspection where such To obtain re-inspection, the applicant portion of work for which inspection is shall first pay the re-inspection fee in called is not complete or where required accordance with the Building Division Fee corrections have not been made. Schedule adopted by resolution of the This provision shall not be interpreted as town council and amended from time to requiring reinspection fees the first time a time. job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. To obtain reinspection, the applicant shall file an application therefore in writing Page 41 of 64 upon a form furnished for that purpose and pay the reinspection fee in accordance with Table 104.5. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Table 1-1 is deleted. (8) Table 1-1 is deleted. NO CHANGE 203.0. Authority Having Jurisdiction. The (9) Section 203.0 is amended to read as NO CHANGE organization, office, or individual follows: responsible for enforcing the The definition of"AUTHORITY HAVING requirements of a code or standard, or for JURISDICTION" is amended to read as approving equipment, materials, follows: installations, or procedures. The Authority AUTHORITY HAVING JURISDICTION — The Having Jurisdiction shall be a federal, Authority Having Jurisdiction shall mean state, local, or other regional department the Building Official or his duly authorized or an individual such as a plumbing representative. official, mechanical official, labor department official, health department official, building official, or others having statutory authority. In the absence of statutory authority, the Authority Having Jurisdiction may be some other responsible party. This definition shall include the Authority Having Jurisdiction's duly authorized representative. [HCD 1 & HCD 2] "Authority Having Jurisdiction" shall mean "Enforcing Agency" as defined in Section 207.0 of this code. Page 42 of 64 13-4.4 Electrical Code. 13-4.4.1 Amendments made to the 2946 2019 California Electrical Code. The 241-6,2019 California Electrical Code is amended or modified as follows: j 89.108.4.2 Fees. Subject to other (a) Section 89.108.4.2 is amended to read NO CHANGE provisions of law, the governing body of as follows: any city, county, or city and county may 89.108.4.2 Fees. Any person desiring a prescribe fees to defray the cost of permit required by this code shall, at the enforcement of rules and regulations time of issuance thereof, pay a fee, which promulgated by the Department of shall be as set forth in the Building Housing and Community Development. Division Fee Schedule adopted by The amount of the fees shall not exceed resolution of the town council and the amount reasonably necessary to amended from time to time. administer or process permits, certificates, forms, or other documents, or to defray the costs of enforcement. For additional information, see State Housing Law, Health and Safety Code, Division 13, Part 1.5, Section 17951 and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 1, Article 3, commencing with Section 6. 89.108.5.1 General. Subject to other (b) Section 89.108.5.1 is amended to NO CHANGE provisions of law, officers and agents of modify the first sentence to read as the enforcing agency may enter and follows: inspect public and private properties to Section 89.108.5.1 General. Subject to secure compliance with the rules and other provisions of law, including Section regulations promulgated by the 1822.50 et. seq. of the Code of Civil Department of Housing and Community Procedure of the State of California, Development. For limitations and officers and agents of the Building Official additional information regarding may enter and inspect public and private enforcement, see the following: properties to secure compliance with the 1. For applications subject to State provisions of this code. Page 43 of 64 Housing Law as referenced in Section (The remainder of this section is 89.108.3.2.1 of this code, refer to Health unchanged.) and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1. 2. For applications subject to the Mobilehome Parks Act as referenced in Section 89.108.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000. 3. For applications subject to the Special Occupancy Parks Act as referenced in Section 89.108.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000. 4. For applications subject to the Employee Housing Act as referenced in Section 89.108.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 3, commencing with Section 600. Page 44 of 64 5. For applications subject to the Factory- Built Housing Law as referenced in Section 89.108.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division I, Chapter 3, Subchapter 1, commencing with Section 3000. 89.108.8.1 General. Every city, county, or Section 89.108.8.1 is amended by adding Section 89.108.8. is amended by adding city and county shall establish a process to : the_ the sentence to the end of the section: hear and decide appeals of orders, sentence to the end of the section: For appeal of non-administrative decisions, and determinations made by For appeal of non-administrative provisions of the code, the local appeals the enforcing agency relative to the provisions of the code, the local appeals board and the housing appeals board application and interpretation of this code board and the housing appeals board shall shall be the Tiburon Building Code and other regulations governing be the Tiburon Building Code Appeals Appeals Board, except that if required by construction, use, maintenance and Board, except that if required by Health Health and Safety Code section 19957.5, change of occupancy. The governing body and Safety Code section 19957.5, the local the local appeals board and the housing of any city, country, or city and county appeals board and the housing appeals appeals board shall be the County of may establish a local appeals board and a board shall be the County of Marin's Marin's Disability Access Appeals Board. housing appeals board to serve this Disability Access Appeals Board. The town The town council shall hear appeals of purpose. Members of the appeals council shall hear appeals of administrative provisions as generally board(s) shall not be employees of the administrative provisions as generally described in the administrative chapter enforcing agency and shall be described in the administrative chapter of of this code. knowledgeable in the applicable building this code. codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals Page 45 of 64 board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. Chapter 1 General Article 100 (d) Article 100 is amended to-Pe (d) Article 100 is amended to change the Authority Having Jurisdiction (AHJ). An f 444w-s-chanLq he f to owing definition to following definition to read as follows: ._.. organization, office, or individual r e«_d__as_f.olicws Authority Having Jurisdiction (AHJ)—The responsible for enforcing the The def„-ill-i^-^-^f " uthG,ity u s Authority Having Jurisdiction shall mean requirements of a code or standard, or for JUr-Sd;Gt; " iss1@Mended to �ead as the Building Official or his or her duly approving equipment, materials, an €413WS4 authorized representative. installation, or a procedure. (CMP-1) Authority Having Jurisdiction (AHJ)—The Informational Note: The phrase "authority Authority Having Jurisdiction shall mean having jurisdiction," or its acronym AHJ, is the Building Official or his or her duly used in NFPA documents in a broad authorized representative. manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at Page 46 of 64 government installations, the commanding officer or departmental official may be the authority having jurisdiction. 210.12 Arc Fault Circuit Interrupter (e) Section 210.12 (B) is amended by (e) Section 210.12 (D) is amended as Protection. aing the €edle ✓ follows: D) Branch Circuit Extensions or The Pr-v.;--;--nc of this <ecat-„n Shall -T--IiD) Branch Circuit Extensions or t"YModifications Dwelling Units and e��s+ ' ^��� ��; ^ + " �^� ! Modifications-Dwelling Units and Dormitory Dormitory Units. The provisions of this In any of the areas specified in 210.12(A) as follows: section shall apply to existing dwelling or (B), where branch circuit wiring is D Branch Circuit Extensions or units when electrical service panels or modified, replaced, or extended, the Modifications-Dweliin Units and sub-panels are replaced or upgraded. In branch circuit shall be protected by one of Dormitory Units. Theprovisions of this any of the areas specified in 210.12(A) or the following: section shall aouly to existing d�,^�-ellin (B), where branch-circuit wiring is (1) A listed combination-type AFCI units vrhen electrical service panels or modified, replaced, or extended, the located at the origin of the branch circuit sub QanE-- s are i ep'aceU or inti;tided, branch circuit shall be protected by one (2) A listed outlet branch-circuit-type any of he areas specified in 2"10._t21A.i or of the following: AFCI located at the first receptacle outlet ;, ti^.there or anchLLcirc,uit 1.4.:i.ir� is (1) A listed combination-type AFCI ...,n... .. ........ .._.._G of the existing branch circuit 'noclHie , reolacF'`.-.,or ex-e, .,.d, the located at the origin of the branch circuit (2) A listed outlet branch-circuit-type Exception: AFCI protection shall not be the follo,,.vin-- AFCI located at the first receptacle LLLb- required where the extension of the (1) A listedcombination- vne AEC! outlet of the existing branch circuit existing conductors is not more than 1.8 located at the origin of the branch circuit Exception: AFCI protection shall not-be m (6 ft) and does not include any (2) A listed outlet branch-circuit-type required where the extension of the additional outlets or devices. AFCI located at the first receptacle outlet existing conductors is not more than 1.8 of the existing branch circuit m (6 ft) and does not include any Exception: AFCI protection shall not be additional outlets or devices. required where the extension of the existing conductors is not more than 1.8 -- m 6 ft's and does not include an additional outlets or devices. Page 47 of 64 13-4.6. Housing Code. 13-4.6.1 Amendments made to the 1997 Uniform Housing Code. The 1997 Uniform Housing Code is amended as follows: The provisions of this code shall apply to (a) Section 103 is amended to revise the (a) Section 103 is amended to revise the all buildings or portions second sentence of the first paragraph to. second sentence of the first paragraph thereof used, or designed or intended to read as follows: to read as follows: be used, for human habitation. Such Such occupancies in existing buildings may Such occupancies in existing buildings occupancies in existing buildings may be be continued as provided by the California may be continued as provided by the continued as provided in Section 3401 of Existing Building Code, as contained in California Existing Building Code, as the Building Code, except such structures Title 24, Part 10 of the California Code of contained in Title 24, Part 10 of the as are found to be substandard as defined Regulations, except such structures as are California Code of Regulations, except in this code. Where any building or found to be substandard as defined by this such structures as are found to be portion thereof is used or intended to be code. substandard as defined by this code. used as a combination apartment house- hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. Rooming houses, congregate residences or lodging houses shall comply with all the requirements of this code for dwellings. For additions, alterations or repairs, see (b) Section 104.1 is amended to read as NO CHANGE Section 3403 of the Building Code. follows: All buildings or structures that are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations. The building official is hereby authorized (c) Section 201.1 is amended to revise the NO CHANGE and directed to enforce all of the first paragraph to read as follows: Page 48 of 64 provisions of this code. For such The Building Official and his designees are purposes, the building official shall have hereby authorized and directed to enforce the powers of a law enforcement officer. all of the provisions of this code. For such The building official shall have the power purposes, such officials shall have the to render interpretations of this code and powers of law enforcement officers. to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. When it is necessary to make an (d) Section 201.2 is amended to read as NO CHANGE inspection to enforce the provisions of follows: this code, or when the building official Whenever necessary to make an has reasonable cause to believe that inspection to enforce any of the provisions there exists in a building or upon a of this title, or whenever the Building premises a condition that is contrary to or Official or his authorized representative in violation of this code that makes the has reasonable cause to believe that there building or premises unsafe, dangerous exists in any building or upon any or hazardous, the building official may premises an immediate threat to health enter the building or premises at and safety, the Building Official or his reasonable times to inspect or to perform authorized representative may enter such the duties imposed by this code, provided building or premises at all reasonable that if such building or premises be times to inspect the same or to perform occupied that credentials be presented to any duty imposed upon the Building the occupant and entry requested. If such Official by this code; provided, that if such building or premises be unoccupied, the building or premises be occupied he shall building official shall first make a first present proper credentials and reasonable effort to locate the owner or demand entry; and if such building or other person having charge or control of premises be unoccupied he shall first the building or premises and request make a reasonable effort to locate the Page 49 of 64 entry. If entry is refused, the building owner or other persons having charge or official shall have recourse to the control of the building or premises and remedies provided by law to secure demand entry. If such entry is refused, the entry. Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California. In order to hear and decide appeals of (e) Section 203.1 is amended by adding (e) Section 203.1 is amended by adding orders, decisions or determinations made the following sentence to the end o the the following sentence to the end of the by the building official relative to the section: thereto: section thereto: application and interpretations of this For appeal of non-administrative For appeal of non-administrative code, there shall be and is hereby created provisions of the code, the housing provisions of the code, the housing a housing advisory and appeals board advisory and appeals board shall be the advisory and appeals board shall be the consisting of members who are qualified Tiburon Building Code Appeals Board. If Tiburon Building Code Appeals Board. If by experience and training to pass upon required by Health and Safety Code required by Health and Safety Code matters pertaining to building section 19957.5, the housing advisory and section 19957.5, the housing advisory construction and who are not employees appeals board shall be the County of and appeals board shall be the County of of the jurisdiction. The building official Marin's Disability Access Appeals Board. Marin's Disability Access Appeals Board. shall be an exofficio member and shall act The town council shall hear appeals of The town council shall hear appeals of as secretary to said board but shall have administrative provisions of this code. administrative provisions of this code. no vote upon any matter before the board.The housing advisory and appeals board shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Appeals to Page 50 of 64 the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules of procedure adopted by the board shall be delivered to the building official, who shall make them accessible to the public. No building or structure regulated by this (f) Section 301 is amended to read as NO CHANGE code shall be erected, constructed, follows: enlarged, altered, repaired, moved, No building or structure regulated by this improved, removed, converted or code shall be erected, constructed, demolished unless a separate permit for enlarged altered, repaired, moved, each building or structure has first been improved, removed, converted or obtained from the building official in the demolished unless a separate permit for manner and according to the applicable each building or structure has first been conditions prescribed in Section 106 of obtained as required by the Building Code. the Building Code. When a building permit is required by (g) Section 302 is deleted. NO CHANGE Section 301 of this code, the appropriate fees shall be paid as specified in Section 107 of the Building Code. Buildings or structures within the scope (h) Section 303 is amended to read as NO CHANGE of this code and all construction or work follows: for which a permit is required shall be Buildings or structures within the scope of subject to inspection by the building this code and all construction or work for official in accordance with and in which a permit is required shall be subject The manner provided by this code and to inspection by the Building Official as Sections 108 and 1701 of the Building provided by this code and in accordance Code. with the applicable requirements of the Building Code. For the purpose of this code, certain (i) Section 401 is amended f es. Section 401 is amended to add or change Page 51 of 64 terms, phrases, words and their " ;R I certain definitions as follows: derivatives shall be construed as specified SeGtie^ 491 is apReRd„moo—=e-e,-irto add or BUILDING CODE is the California Building in either this chapter or as specified in the change certain definitions as follows: Code as adopted with amendments by Building Code. Where terms are not de- BUILDING CODE is the California Building the Town of Tiburon. fined, they shall have their ordinary Code as adopted with amendments by the accepted meanings within the Town of Tiburon. context with which they are used. Websters Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. This section does not exist. (j) A definition for "Building Official” is NO CHANGE added to Section 401 to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon. MECHANICAL CODE is the Uniform (k) The definition of "Mechanical Code" in NO CHANGE Mechanical Code promulgated by the Section 401 is amended to read as follows: International Conference of Building MECHANICAL CODE is the California Officials, as adopted by this jurisdiction. Mechanical Code as adopted with amendments by the Town of Tiburon. PLUMBING CODE is the Plumbing Code as (1)The definition of"Plumbing Code" in NO CHANGE adopted by this jurisdiction. Section 401 is amended to read as follows: PLUMBING CODE is the California Plumbing Code as adopted with amendments by the Town of Tiburon. Page 52 of 64 13-4.7 Mechanical Code. 13-4.7.1 Amendments made to the 2404 2019 California Mechanical Code. The 241-&_2019 California Mechanical Code is amended as follows: Chapter 1, Division I (a) Chapter 1, Division I, Section 1.8.8.1 is NO CHANGE -� 1.8.8 Appeals Board. amended by adding the following 1.8.8.1 General. Every city, county, or city sentence thereto: and county shall establish a process to For appeal of non-administrative hear and decide appeals of orders, provisions of the code, the board of decisions, and determinations made by appeals shall be the Tiburon Building Code the enforcing agency relative to the Appeals Board, except that if required by application and interpretation of this code Health and Safety Code section 19957.5, and other regulations governing the board of appeals shall be the County construction, use, maintenance and of Marin's Disability Access Appeals change of occupancy. The governing body Board. The town council shall hear of any city, county, or city and county may appeals of administrative provisions as establish a local appeals board and a generally described in the administrative housing appeals board to serve this chapter of this code. purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the govern Iing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. Page 53 of 64 Chapter 1, Division II (1) Section 101.1 is amended to read as NO CHANGE 101.1 Title. This document shall be known follows: as the "Uniform Mechanical Code," may These regulations shall be known as the be cited as such, and will be referred to California Mechanical Code, may be cited herein as "this code." as such, and will be referred to herein as "this code". 104.3.2 Plan Review Fees. Where a plan or (d) Section 104.3.2 is amended to read as NO CHANGE other data is required to be submitted in follows: accordance with Section 104.3.1, a plan 104.3.2 General. Fees shall be assessed in review fee shall be paid at the time of accordance with the provisions of this submitting construction documents for section and as set forth in the Building review. Division Fee Schedule adopted by The plan review fees for mechanical resolution of the town council and system work shall be determined and amended from time to time. adopted by this jurisdiction. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5. Where plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 104.5. 104.5 Fees. Fees shall be assessed in (e) Section 104.5 is amended to read as NO CHANGE accordance with the provisions of this follows: section and as set forth in the fee 104.5 Fees. Any person desiring a permit schedule, Table 104.5. The fees are to be required by this code shall, at the time of determined and adopted by this issuance for the permit, pay a fee, which jurisdiction. fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. Page 54 of 64 105.2.6 Reinspections. A reinspection fee (f) Section 105.2.6 is amended to replace NO CHANGE shall be permitted to be assessed for each the third paragraph with the following: inspection or reinspection where such To obtain re-inspection, the applicant portion of work for which inspection is shall first pay the re-inspection fee in called is not complete or where required accordance with the Building Division Fee corrections have not been made. Schedule adopted by resolution of the This provision shall not be interpreted as town council and amended from time to requiring reinspection fees the first time a time. job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice of calling for inspec-tions before the job is ready for inspection or reinspection. Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accor-dance with Table 104.5. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 107.0 Board of Appeals. (c) Section 107.1 is amended by adding (c) Section 107.1 is amended by adding Page 55 of 64 107.1 General. In order to hear and decide the following to the end of'h> >xlst the following to the end of the existing appeals of orders, decisions, or section thereto: section thereto: For appeal of non- determinations made by the Authority For appeal of non-administrative administrative provisions of the code, Having Jurisdiction relative to the provisions of the code, the board of the board of appeals shall be the application and interpretations of this appeals shall be the Tiburon Building Code Tiburon Building Code Appeals Board, code, there shall be and is hereby created Appeals Board, except that if required by except that if required by Health and a Board of Appeals consisting of members Health and Safety Code section 19957.5, Safety Code section 19957.5, the board who are qualified by experience and the board of appeals shall be the County of appeals shall be the County of Marin's training to pass upon matters pertaining of Marin's Disability Access Appeals Disability Access Appeals Board. The to mechanical system design, Board. The town council shall hear town council shall hear appeals of construction, and maintenance and the appeals of administrative provisions as administrative provisions as generally public health aspects of mechanical generally described in the administrative described in the administrative chapter systems and who are not employees of chapter of this code. of this code.. the jurisdiction. The Authority Having Jurisdiction shall be an ex-officio member and shall act as secretary to said board but shall have no vote upon a matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render decisions and findings in writing to the appellant with a duplicate copy to the Authority Having Jurisdiction. Chapter 2 Definitions Section 203.0. (g) Section 203.0 is amended a­s-�=. (g) Section 203.0 is amended to change Authority Having Jurisdiction. The T14e-4-e�, the following definition as follows: organization, office, or individual 4-��--T-Q, �.de--e-��c AUTHORITY HAVING JURISDICTION — responsible for enforcing the c hi r e tie folloojinR definition ton as follows: The Authority Having Jurisdiction shall requirements of a code or standard, or for AUTHORITY HAVING JURISDICTION — The mean the Building Official or his duly approving equipment, materials, Authority Having Jurisdiction shall mean authorized representative. Page 56 of 64 installations, or procedures. The Authority the Building Official or his duly authorized Having Jurisdiction shall be a federal, representative. state, local, or other regional department or an individual such as a plumbing official, mechanical official, labor department official, health department official, building official, or others having . statutory authority. In the absence of statutory authority, the Authority Having Jurisdiction may be some other responsible party. This definition shall include the Authority Having Jurisdiction's duly authorized representative. [HCD 1, HCD 2, OSHPD 1, 2, 3 &4 and SFM] "Authority Having Jurisdiction"shall mean "Enforcing Agency"as defined in Section 207.0 of this code. 13-4.8 Dangerous Building Code. 13-4.8.1 Amendments made to the 1997 C 44f-e� Uniform Code for the Abatement of Dangerous Buildings. All buildings or structures which are (a) Section 103 is amended to read as NO CHANGE required to be repaired under the follows: provisions of this code shall be subject to All buildings or structures which are the provisions of Section 3403 of the required to be repaired under the Building Code. provisions of this code shall be subject to the provisions of <<le C..,. if7.flic _Y t (l, BuiUn, Code as contained in Title 24. w _.._ _............_ .. . .. ..............._.........._. Part 10 of the California Code of __._..._-....-_._.._......________...._................ IL..,.Iations. Page 57 of 64 When it is necessary to make an (b) Section 201.3 is amended to read as NO CHANGE inspection to enforce the provisions of follows: VVheneve, necessary to this code, or when the building official or make an inspection to enforce �ny o the the building official's authorized provisions of this ee e-title, or w4-,&n-- representative has reasonable cause to enever the Building Official or his believe that there exists in any building or authorized representative has reasonable upon any premises a condition which is cause to believe that there exists in any contrary to or in violation of this code building or upon any premises an which makes the building or premise immediate threat to health and safety, the unsafe, dangerous or hazardous, the Building Official or his authorized building official may enter the building or representative may enter such building or premises at all reasonable times to premises at all reasonable times to inspect inspect or to perform any duty imposed the same or to perform any duty imposed by this code, provided that if such upon the Building Official by this code; building or premises be occupied, the provided, that if such building or premises building official shall first make a be occupied he shall first present proper reasonable effort to locate the owner or credentials and demand entry; and if such other persons having charge or control of building or premises be unoccupied he the building or premises and request shall first make a reasonable effort to entry. If entry is refused, the building locate the owner or other persons having official shall have recourse to the charge or control of the building or remedies provided by law to secure premises and demand entry. If such entry entry. is refused, the Building Official, or his "Authorized representative" shall include authorized representative, shall have the officers named in section 201.2 and recourse to every remedy provided by law their authorized.inspection personnel. to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California. It shall be unlawful for any person, firm or (c) Section 203 is4&i. no longer Section 203 is no longer deleted, adopt corporation to erect, construct, enlarge, deleted, adoat entii,e section entire section. Page 58 of 64 alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. All buildings or structures within the (4c) Section 204 is amended to read as (c) Section 204 is amended to read as scope of this code and all construction or follows: follows: work for which a permit is required shall All buildings or structures within the scope All buildings or structures within the be subject to inspection by the building of this code and all construction or work scope of this code and all construction or official in accordance with and in for which a permit is required shall be work for which a permit is required shall the manner provided by this code and subject to inspection by the Building be subject to inspection by the Building Sections 108 and 1701 of the Official Official as provided in this code and in Building Code. accordance with the applicable Seetiep,s 109 gd 1-91 Gf the requirements of the Building Code. s Provided in this code C, r ra c v,ith the a:�olica' le reouiret eats�--f the Building Code. General. In order to hear and decide (e) Section 205.1 is amended by adding (d) section 205.1 is amended by adding appeals of orders, decisions or the following sentence to the end of that the following sentence to the end of that determinations made by the building section thereto: _ _ section thereto: For appeal of non- official relative to the application and For appeal of non-administrative administrative provisions of the code, interpretations of this code, there shall be provisions of the code, the board of the board of appeals shall be the Tiburon and is hereby created a board of appeals appeals shall be the Tiburon Building Code Building Code Appeals Board, except consisting of members who are qualified Appeals Board, except that if required by that if required by Health and Safety by experience and training to pass upon Health and Safety Code section 19957.5, Code section 19957.5, the board of matters pertaining to building the board of appeals shall be the County appeals shall be the County of Marin's construction and who are not employees of Marin's Disability Access Appeals Board. Disability Access Appeals Board. The of the jurisdiction. The building official The town council shall hear appeals of town council shall hear appeals of shall be an ex officio member and shall administrative provisions of this code. administrative provisions of this code. act as secretary to said board but shall Page 59 of 64 have no vote upon any matter before the board.The board of appeals shall be ap- pointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the building official, who shall make them freely accessible to the public. For the purpose of this code, certain (f) Section 301 is amended a-s4e4Gw-,. (e) Section 301 is amended terms, phrases, words and to change certain definitions as follows: their derivatives shall be construed as ameRded te read to chane certain BUILDING CODE is the California Building specified in either this chapter or as definitions as follows: Code as adopted with amendments by specified in the Building Code or the BUILDING CODE is the California Building the Town of Tiburon. Housing Code. Where terms are not Code as adopted with amendments by the defined, they shall have their ordinary Town of Tiburon. accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the Page 60 of 64 plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. HOUSING CODE is the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. This section does not exist. (g) A definition of"Building Official" is NO CHANGE added to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon. 13-4.9 Green Building Standards Code. 13-4.9.1 Amendments made to the 21-ra 2019 CALGreen Code. The California Green Building Standards Code is amended as follows: (TIERS 1 &2) The California Green Building Standards NO CHANGE TIER 1 Code is amended as follows: A5.504.4.7 Resilient flooring systems, Tier (a) For new residential construction 1. For 90 percent of floor area receiving only (not including additions), the Town Page 61 of 64 resilient flooring, install resilient flooring Council hereby adopts as mandatory that is: measures the following otherwise 1. Certified under the Resilient Floor voluntary divisions of Appendix A4: Covering Institute (RFCI) Floor Score 1. Division A4.1 (Planning & Design); program; 2. Division A4.3 (Water Efficiency & 2. Compliant with the VOC-emission limits Conservation); and testing requirements specified in the 3. Division A4.4 (Material California Department of Public Health's Conservation and Resource Efficiency); 2010 Standard Method for the Testing and 4. Division A4.5 (Environmental Evaluation Chambers, Version 1.1, Quality); and February 2010; 5. Division A4.6 (Tier 1 &Tier 2), 3. Compliant with the Collaborative for deleting all Tier 2 measures. High Performance Schools California (2014 (b) For new nonresidential CA-CHPS) Criteria and listed in the CHPS construction only (not including High Performance Product Database; or additions), the Town Council hereby 4. Products certified under UL adopts as mandatory measures the GREENGUARD Gold following otherwise voluntary divisions of (formerly the Greenguard Children's & Appendix A5: Schools Program). 1. Division A5.1 (Planning & Design); TIER 2 2. Division A5.3 (Water Efficiency & AS.504.4.7.1 Resilient flooring systems, Conservation); Tier 2. For 100 percent of floor area 3. Division A5.4 (Material receiving resilient flooring, install resilient Conservation and Resource Efficiency); flooring that is: 4. Division A5.5 (Environmental 1. Certified under the Resilient Floor Quality); and Covering Institute (RFCI) FloorScore 5. Division A5.6 (Tier 1 &Tier 2), program; deleting all Tier 2 measures. 2. Compliant with the VOC-emission limits and testing requirements specified in the California Department of Public Health's 2010 Standard Method for the Testing and Page 62 of 64 Evaluation Chambers, Version 1.1, February 2010; 3. Compliant with the Collaborative for High Per-formance Schools California (2014 CA-CHPS) Criteria and listed in the CHIPS High Performance Product Database; or 4. Products certified under UL GREENGUARD Gold (formerly the Greenguard Children's &Schools Program). Exception: Allowance may be permitted in Tier 2 for up to 5-percent specialty purpose flooring. 5.504.5.3 Filters. In mechanically ventilated buildings, provide regularly occupied areas of the building with air filtration media for outside and return air that provides at least a Minimum Efficiency Reporting Value (MERV) of 13. MERV 13 filters shall be installed prior to occupancy, 11 and recommendations for maintenance with filters of the same value shall be included in the operation and maintenance manual. Exception: Existing mechanical equipment. A5.504.5.3.1 Repealed (Tiers 1 & 2) to avoid conflict with CEC SECTION 5.505 INDOOR MOISTURE CONTROL 5.505.1 Indoor moisture control. Buildings shall meet or exceed the provisions of California Building Code, CCR, Title 24, Part 2, Sections 1202 (Ventilation) Chapter 14 Page 63 of 64 (Exterior Walls). For additional measures, see Section 5.407.2 of this code. California Energy Code SEE ENTIRE ENERGY CODE The Energy Code of the Town shall be the The Energy Code of the Town shall be California Energy Code,2916 2019 edition, the California Energy Code, 2019 and the appendices thereof, as published edition, and the appendices thereof, by the California Building Standards as published by the California Building Commission, on file with the office of the . Standards Commission, on file with Town Clerk, which Code and appendices the office of the Town Clerk, which are hereby referred to, adopted and made Code and appendices are hereby a part hereof as if fully set forth herein. referred to, adopted and made a part hereof as if fully set forth herein. 13-4.11 Miscellaneous Portions of the 13-4.11 Miscellaneous Portions of the Building Standards Code. Building Standards Code. The Town Council hereby adopts, for the The Town Council hereby adopts, for purpose of providing minimum the purpose of providing minimum requirements for the protection of life, requirements for the protection of life, limb, health, property, safety, and welfare limb, health, property, safety, and of the general public, 2414 2019 California welfare of the general public, 2019 Building Standards Code Part 8 (Historical California Building Standards Code Part Building Code), Part 10 (Existing Building 8 (Historical Building Code), Part 10 Code), and Part 12 (Referenced Standards (Existing Building Code), and Part 12 Code), said codes being on file with the (Referenced Standards Code), said office of the Town Clerk. codes being on file with the office of the Town Clerk. Page 64 of 64 EXHIBIT -> 1 ORDINANCE NO. 129 AN ORDINANCE OF THE TIBURON FIRE PROTECTION DISTRICT ADOPTING AND MODIFYING THE 2019 CALIFORNIA FIRE CODE, AND APPENDIX A OF THE 2018 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND DEFINE THE POWERS AND DUTIES OF THE COMMUNITY RISK REDUCTION AND FIRE PREVENTION BUREAU AND OFFICERS. WHEREAS, the Tiburon Fire Protection District (District) may adopt a fire prevention code by reference pursuant to Article 2 commencing with Section 50022 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code; WHEREAS, pursuant to Health and Safety Code Section 13869, the Tiburon Fire Protection District may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code when such modified standards are reasonably necessary because of local climatic, geological or topographical conditions; WHEREAS, pursuant to Sections 17958.5, 17958.7, and 18941.5 of the State of California Health and Safcty Code, changes or modifications to the 2019 California Building Standards Code are needed and are reasonably necessary because of local climatic, geographic and topographic conditions. WHEREAS, this Ordinance No. 129 was introduced and read by title only at a meeting of the Board of Directors of the Tiburon Fire Protection District on the 91h day of October 2019. NOW THEREFORE BE IT ORDAINED by the Board of Directors of Tiburon Fire Protection District the following: SECTION 1. ADOPTION OF 2019 CALIFORNIA FIRE CODE, and APPENDIX A of the 2018 INTERNATIONAL WILDLAND URBAN INTERFACE CODE The Board of Directors of the Tiburon Fire Protection District hereby adopt, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion the following: A. The 2019 California Fire Code, which consists of certain portions of the 2018 edition of the International Fire Code as amended by the California Building Standards Commission, including: 1. Appendix B FIRE FLOW REQUIREMENTS FOR BUILDINGS, the whole thereof, save and except such portions as are hereafter amended by section 11 of this Ordinance. 2. Appendix C FIRE HYDRANT LOCATIONS AND DISTRIBUTION, 3. Appendix F HAZARD RANKING, 4. Appendix H HAZARDOUS MATERIALS MANAGEMENT PLANS AND HAZARDOUS MATERIALS INVENTORY STATEMENTS 5. Appendix O TEMPORARY HAUNTED HOUSES, GHOST WALKS AND SIMILAR AMUSEMENT USES. B. The International Fire Code published by the International Fire Code Council, Inc., 2018 Edition hereof and the whole thereof, save and except such portions as are hereinafter amended, added or deleted by Section 11 of this Ordinance. C. Appendix A of the 2018 edition of the International Wildland-Urban Interface Code save and except such portions as are hereinafter deleted, modified or amended by Section 11 of this Ordinance. Not less than one (1) copy of the Codes and Standards hereby adopted is filed in the office of the Deputy Fire Marshal of the Tiburon Fire Protection District and the same are hereby adopted and incorporated fully as if set out at length herein, and from the date on which this Ordinance shall take effect, and the provisions thereof shall be controlling within the limits of the Tiburon Fire Protection District. SECTION 2. ESTABLISHMENT AND DUTIES OF THE COMMUNITY RISK REDUCTION AND FIRE PREVENTION BUREAU The 2019 California Fire Code, which consists of certain portions of the 2018 edition of the International Fire Code as amended by the California Building Standards Cornniissiorn, and Appendix A of the 2018 edition of the International Wildland-Urban Interface Code as adopted and amended herein, shall be enforced by the Community Risk Reduction and Fire Prevention Bureau of the Tiburon Fire Protection District and shall be operated under the supervision of the Chief of the Tiburon Fire Protection District. 2 SECTION 3. DEFINITIONS Wherever they appear in the California and International Fire Codes, unless otherwise provided, the following words shall have the meanings ascribed to them in this section: (a) Whenever the words "Fire Code" are used they shall mean those Codes and Standards adopted in Section 1 of this Ordinance. (b) Wherever the term "counsel" is used in the Fire Code, it shall be held to mean the attorney for the Tiburon Fire Protection District. (c) Wherever the word 'jurisdiction" is used in the Fire Code, it shall be held to mean the Tiburon Fire Protection District. (d) Wherever the words "Fire Code Official" are used in the Fire Code, they shall be held to mean the Fire Chief or his/her designee of the Community Risk Reduction and Fire Prevention Bureau of the Tiburon Fire Protection District. SECTION 4. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF CLASS I, CLASS II AND CLASS III LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED The geographic limits referred to in Section 5704.2.9.6.1 of the California Fire Code in which storage of Class I, Class II and Class III liquids in outside aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the Tiburon Fire Protection District. SECTION 5. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF CLASS I, CLASS II AND CLASS III LIQUIDS IN ABOVEGROUND TANKS IS PROHIBITED The geographic limits referred to in Section 5706.2.4.4 of the California Fire Code in which storage of Class 1, Class II and Class III liquids in aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by The Tiburon Fire Protection District. 3 SECTION 6. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF STATIONARY TANKS OF FLAMMABLE CRYOGENIC FLUIDS IS TO BE PROHIBITED The geographic limits, referred to in Section 5806.2 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers are prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, and in agricultural land of less than two (2) acres as established by The Tiburon Fire Protection District. SECTION 7. ESTABLISHMENTS OF GEOGRAPHIC LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED The geographic limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land less than two (2) acres the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons as established by the Tiburon Fire Protection District SECTION S. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED The geographic limits in which storage of explosives and blasting agents is prohibited, are as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the Tiburon Fire Protection District. SECTION 9. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF COMPRESSED NATURAL GAS IS TO BE PROHIBITED The geographic limits, in which the storage of compressed natural gas is prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the Tiburon Fire Protection District. SECTION 10. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED 4 The geographic limits, in which the storage of hazardous materials is prohibited or limited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by The Tiburon Fire Protection District. SECTION 11. AMENDMENTS MADE TO THE 2019 CALIFORNIA FIRE CODE AND APPENDIX A OF THE 2018 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE. The Tiburon Fire District Board of Directors hereby finds that local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications to the 2019 California Fire Code and the 2019 California Building Standards Code in order to provide a reasonable degree of property security and fire and life safety in this Fire District. The Tiburon peninsula extends in a generally southeastern direction from the northern shore of the San Francisco Bay. It is approximately one to one-half miles in width and approximately four miles long. The District has a population of approximateh, 12,000 residents, but has a significant visitor population to each municipality, both local and state parks which can boost the population considerably- higher depending on the time of year. With the given profile of the Tiburon Fire Protection District, the Board of Directors has established certain requirements which were developed to reduce the level of exposure to the citizens and guests of the District, as well as the property (investments) within the jurisdiction. Specifically, the Tiburon Fire Protection District Board finds that the following local conditions make more stringent standards a necessity: 1. Climatic a. Precipitation. The Weather patterns within the Tiburon Fire Protection District are considered to be moderately affected by the Pacific Ocean and the San Francisco Bay which extend a year-round growing season. Precipitation averages approximately 38 inches per year while the summer condition, with its prevalent Pacific High Cell, creates the morning and late afternoon fog normally associated wth the San Francisco Bay. Little to no rain falls during the period of April through November. b. Relative Humidity. Humidity generally ranges from 51% during daytime to 86% at night. It drops to 20% during the summer months and can drop lower on occasion. 5 c. Temperatures. Temperatures have been recorded as high as 98- degrees F. Average summer highs are in the 75-degree F to 80-degree F range. d. Winds. Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5 - 15 mph range, gusting to 7.4 - 30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. e. Summary. These local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. The winds experienced in this area can have a tremendous impact upon structure fires of buildings in close proximity to one another, commonly found in the Tiburon Fire Protection District. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts. 2. Geographic and Topographic a. Geography_ The fire environment of a community is primarily a combination of two factors: (1) the area's physical geographic characteristics and (2) the historic pattern of suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area's fire protection needs. The Tiburon Peninsula is geographically mixed with three classifications of rock: igneous, metamorphic and sedimentary. The outstanding material is volcanic in origin with a ridge of serpentine reaching in excess of 700 feet in elevation. Much of the District is characterized by precipitous hilly and steep areas where escape opportunities from residential structures are limited to one side of a home only. The uneven nature of the land often hinders, and sometimes prevents, the erecting of rescue ladders at the side of a home on a hillside parcel. The domestic water supply is located at the end of the Marin Municipal Water District's distribution system and consists of five levels of gravity systems of varying pressures and capacities. 6 Improvements have been made to the Paradise Drive area, but areas still exist that do not provide adequate water pressure. b. Seismic Location. Seismic activity within the District occurs annually with little to no damage, although real potential exists with the proximity of the peninsula to the San Andreas, Hayward and Rodgers Creek faults. c. Roads and Streets. Vehicular access within the District is affected by steep, hilly terrain and many secondary ridge lines. Many streets are narrow and winding, restricting the speed at which fire apparatus may safely respond and also increasing the time lapse between fire detection and apparatus arrival, during which a family will face the fire or other emergency on their oven. Of the approximately 189 streets in the District, 1.43 are dead-end streets, restricting the ease of relocating fire and rescue equipment from one location to another, even though actual separating distance between the two places may be minimal. In addition to restricting access routes for fire apparatus, the dead-end streets also limit egress opportunities for residents. d. Topography. The District is accessible from the outside by only tNvo primary thoroughfares and only one of those permits speed in excess of 25 miles per hour by virtue of the narrow and twisting configuration of Paradise Drive. This feature limits mutual aid companies responding from neighboring communities for a large-scale emergency to approach by only one realistic route, and from only one side of the District, as opposed to a non-peninsular area which would be approachable from many directions and roadways. The District's service area is a conglomeration of bay plains, hills, valleys and -ridges. Landslides have occurred on the Tiburon peninsula in recent years. While stabilization of hillsides can sometimes be achieved, heavy rainfalls have caused large failures. These slides have closed roadways, making accessibility to many locations in the District impossible until properly cleared. The: natural rocky shoreline of San Francisco Bay creates a situatioli (particularly along Main Street and Paradise Drive) by- which ywhich a„cess to buildings can only be made via one street. The front of the buildings is essentially the only accessibilitti.7 point for responding engine companies. Buildings constructed along the wat(-rfront and some actually on piers over the Bay, create a sit_uatio;l where the presence of bay waters Ili-lilts escape 7 opportunities from both residential and cominercial occupancies alike. Many of the: nonconforming existing structures on Main Street are built property line to property line with no provisions for required fire separations between the buildings. e. Vegetation. Tiburon Fire Protection District's semi-arid Mediterranean-type climate produces vegetation similar to that of most of Marin County, with specific growth locale a result of topography and prevailing wind. The western ridge exposure is primarily rye grass with occasional clumps of bay and oak trees in the more sheltered pockets. The east facing slopes are heavily wooded from lower elevations to ridge with oak and bay trees and minor shrubs of the general chaparral class. Expansion of the residential community into areas of heavier vegetation has resulted in homes existing in close proximity to dense natural foliage. Often such dwellings are completely surrounded by highly combustible vegetation compounding the fire problem from a conflagration point of view. A large percentage of the structures in the District have costly shingle or shake roofs. This very flammable material is susceptible to ignition by embers from a wildland fire, furthering the spread of fire to adjacent buildings. A large portion of the District is located adjacent to open space with high flashy fuels consisting of grasses and chaparral. Proliferation of sudden oak death syndrome has increased the dead fuel loads in the oak woodlands and bay forests which has significantly increased fire brand production and crown fire potential within the Wildland Urban Interface area. f. Summary. The above listed conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire District. The protection of life and property from fire is difficult due to limited access problems created by water, cliffs, steep slopes, and the lack of side yard setbacks, as well as the combustible structures and their roofs. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large percentage of dwellings in the Fire District have wood shingled roofs. The wood frame construction of older buildings, especially those in the commercial area, creates an idverse exposure problem, not 8 only in being easily ignited by an adjacent structure fire, but also in contributing to the extension of fire to other buildings through radiation, actual physical heat conduction and flying embers. Fire history in the District has shoxvn flying embers will start secondary fires after being blown in the air and onto shake shingle roofs. Other variables may tend to intensify the situation: 1. The extent of damage to the water system; 2. The extent of isolation due to bridge and/or freeway overpass collapse; 3. The extent of roadway damage and/or amount of debris blocking the roadways; 4. Climatic conditions (hot, dry weather with high winds); S. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 6. The availability of timely mutual aid or military assistance; 7. The large portion of dwellings with wood shingle roof coverings could result in conflagrations. Conclusion: Local climatic, geographic and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary that the International Fire Code, California Fire Code and the State Building Standards Code be changed or modified to mitigate the effects of the above conditions. Furthermore, California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the Tiburon Fire Protection District finds that the following table provides code sections that have been modified pursuant. to Ordinance No. 129, which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to local climatic, geographical, and topographical reasons. CA Fire Code Section Number Local followed by corresponding climatic, geological and topographical condition findings as set forth above: 9 Section Number: Local Climatic, Geographical and Topographical Conditions• Chapter 2 DEFINITION 202 Id, le, 2a, 2b, 2d, 2e, 2f Chapter 3 GENERAL REQUIREMENTS 302.1 2b, 2d, 2e 321.1 2b, 2d, 2e 321.2 2b, 2d, 2e 321.3 2b, 2d, 2e 321.4 2b, 2d, 2c Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS 401.1.1 2c,2d,2e 401.3.2.2 2a,2b,2c,2d,2e 403.1.1 2a,2b,2c,2d,2e 403.10.1.4 2a,2b,2c,2d,2e Chapter 5 FIRE SERVICE FEATURES 503.1 2a,2c,2d,2e,2f 503.1.4 2a,2c,2d,2e,2f 503.1.5 2a,2c,2d,2e,2f 503.2.6.1 2a,2c,2d,2e,2f 503.4 2a,2c,2d,2e,2f 503.4.2 2a,2c,2d,2e,2f 503.6.1 2a,2c,2d,2e,2f 503.6.2 2a,2c,2d,2e,2f 507.5.1 2a,2c,2d,2e,2f 507.5.1.1 2a,2c,2d,2e,2f 507.5.7 2a,2c,2d,2e,2f 510.1 2a,2c,2d,2e,2f Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS 903.2.1 - 903.2.4 2a, 2b, 2c, 2d, 2e 903.3.9 2a, 2b, 2c, 2d, 2e 903.6.1 2a, 2b, 2c, 2d, 2e 907.6.6 2a, 2b, 2c, 2d, 2e 912.2 2a, 2b, 2c, 2d, 2e Chapter 33 FIRE SAFETY UNDER CONSTRUCTION 3313.3 lc,ld,2a, 2b, 2c, 2d 3314.3 lc,ld,2a, 2b, 2c, 2d 3314.4 1c,ld,2a, 2b, 2c, 2d Chapter 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS 4902.1 la,lb,lc,ld,le,2a,2b,2c,2d 4906.2 1 a,l b,1 c,I d,l e,2a,2b,'2c,'2,d. 4907.1 1 a,l b,l c,l d,l e,2a,2b,2c,2d 4907.2 1 a,lb,l c,.l d,l e,2a,2b,2c,2d 4908 la,lb,1.c,Id,1e,2a,2b,2c,2d Chapter 56 EXPLOSIVES AND FIREWORKS 10 5608.1.2 - 5608.2 le,2a,2c,2d,2e Appendix B 2a,2b,2c,2d,2e,2f ACCORDINGLY, THE 2019 CALIFORNIA FIRE CODE IS AMENDED, ADDED OR DELETED AS IDENTIFIED HEREIN: CHAPTER 1: SCOPE AND ADMINISTRATION Section 10 1.1 of Chapter 1 is amended to read as follows: Section 10 1.1 Title. These regulations and locally adopted standards shall be known as the Fire Code of the Tiburon Fire Protection District hereinafter referred to as "this code." Section 102.5 of Chapter 1 is hereby amended to read as follows: Section 102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows: 1. Construction and designed provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure when specifically required by this code including, but not limited to, Section 903.2 and 1204.2.1 shall apply. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall also apply 2. Administrative, operational and maintenance provisions of this code shall apply. Section 102.7.3 is hereby added to Chapter 1 and shall read as follows: Section 102.7.3 Nationally Recognized Listed Products. Any installation of products and equipment due to permits required by this Code shall be Labeled and Listed, as defined in Section 202. Section 104.1.1 is hereby added to Chapter 1 and shall read as follows: Section 104.1.1 Supplemental Rules, Regulations and Standards or Policies. The Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations and to develop Fire Protection Standards or Policies to carry out the application and intent of this code. 11 Section 104.12 is hereby added to Chapter 1 and shall read as follows: Section 104.12. Fire Prevention Resource Sharing. Other enforcement agencies shall have authority to render necessary assistance in plan review, inspection, code interpretation, enforcement, investigation and other fire prevention services when requested to do so. Section 105.6 of Chapter 1 is hereby amended by adding the following additional operational permits: Section 105.6 Required Operational Permits. The fire code official is authorized to issue operational permits for operations set forth in Sections 105.6.1 through 105.6.52 Section 105.6.52 of Chapter 1 is hereby added to read as follows: Section 105.6.52 Local Permits. In addition to the permits required by section 105.6, the following permits shall be obtained from the Fire Prevention Division prior to engaging in the following activities, operations, practices or functions: 1. Fire Protection Plan. An operational permit is required to implement a fire protection plan. 2. Radioactive material. An operational permit is required to store or handle at any installation more than 1 micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or more than 1 millicurie (37,000,000 Becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which specific license from the Nuclear Regulatory Commission is required. Section 105.7.26 is hereby added to Chapter 1 and shall read as follows: Section 105.7.26 Vegetation Management Plan. A construction permit is required to implement a vegetation management plan'. Section 110.4 of Chapter 1 is hereby amended to read as follows: Section 110.4 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 12 guilty of a misdemeanor, punishable by a fine of not more than $500 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one penalty of any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 110.4.2 of Chapter 1 is added to read as follows: Section 110.4.2 Abatement of clearance of brush or vegetative growth from structures. The executive body is authorized to instruct the Chief to give notice to the owner of the property upon which conditions regulated by section 304.1.2 of Chapter 3 and section 4907.1 of Chapter 49 exists to correct such conditions. If the owner fails to correct such conditions, the executive body is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists. Section 112.4 of Chapter 1 is hereby amended to read as follows: Section 112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than $500 dollars or more than $1500 dollars. Section 114.1 is hereby added to Chapter 1 and shall read as follows: Section 114.1 Damages and Expense Recovery. The expense of securing any emergency that is within the responsibility for enforcement of the Fire Chief as given in Section 104 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up. 13 CHAPTER 2: DEFINITIONS Section 202 of Chapter 2 is hereby amended by adding the following general definitions: Coverings Shall mean materials including, but not limited to, gypsum board, paneling, floorboards, lathe and plaster, wood paneling, brick and mortar, or other materials attached to rough framing of the building elements. `Coverings' do not include carpet, linoleum, tile, wallpaper, or other decorative finishes. Driveway A private road giving access from a public way to a building or structure on abutting grounds. Easement Access An access that allows one or more persons to access or use or travel across another's land to reach a nearby location, such as a road. Fire-Prone Plant Species Plants which can ignite readily and burn intensely, generating large amounts of embers and other fire debris. Fire-Resistive Plant Species Those plant species that don't readily ignite from a flame or other ignition sources. Fire Road shall mean those improved or unimproved roads, public or private, that provide access for firefighting equipment and personnel to undeveloped areas. Occupancy Classification is modified to include: [BG] Factory Industrial F-1 Moderate-hazard occupancy is amended to add to the list of moderate-hazard factory industrial groups the following: Agricultural crop production including cultivation, drying, processing and /or storage. Pre-Plans shall mean detailed plans of target hazard buildings. These pre-plans include information on the building's location, occupancy, hazards, fire department connections and hydrants, building layout, and other pertinent data that would assist the fire department in case of an emergency. Private Roadways A road owned and maintained by a private individual, organization, or company rather than a government agency. Public Storage Facility shall mean any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration. Spark Arrestor shall mean a chimney device constructed in a skillful- like manner. The net free area of a spark arrestor shall not be less than four times the net free area of the outlet of the chimney. The spark arrestor screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Opening shall not permit the passage of spheres having a diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. Substantial Remodel shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purpose-s of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings. Temporary shall mean any use for a period of less than 90 days, where not otherwise referenced. Unwarranted Alarm shall mean the giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists. CHAPTER 3: GENERAL REQUIREMENTS Section 302.1 in Chapter 3 is hereby amended to add the following: Public Storage Facility Section 304.1.2 in Chapter 3 is hereby amended to add the following: Section 304.1.2.1 Vegetation Management Plan. All new construction and Substantial Remodel applications, not subject to regulations in Chapter 49, shall prepare a vegetation management plan (VMP). Not less 1.5 than two (2) complete plan sets shall be submitted to the Fire Code Official for review or a single complete set in digital form. Section 304.1.2.2 Content. The VMP shall be created by the requirements of the Tiburon Fire District Standard 220-220B which can be found on the Tiburon Fire District website. Section 304.1.2.3 Cost. The cost of vegetation management plan (VMP) preparation, review and recertification shall be the responsibility of the applicant. Section 304.1.2.3.4 Maintenance Agreement. Upon the approval of a VMP, the Fire Code Official shall require a signed memorandum, constructed by the District, as a Maintenance Agreement for the property. The agreement shall require that the vegetation does not display any fire-prone characteristics including, but not limited to, oil secretion and debris retainment or be deemed fire prone via the list provided by Fire Safe Marin. The agreement shall require that in any instance the vegetation is deemed by the Fire Code Official as unmaintained, dead, or hazardous to life and safety standards, that vegetation shall be maintained and/or removed from the property. The Maintenance Agreement is required to be returned to the Fire Code Official and shall be on record for the duration of the three years, with which the VMP will be recertified or required to be amended. Section 307.4.4 is hereby added to Chapter 3 and shall read as follows: Section 307.4.4 Exterior Fire Features. Exterior fire features, commonly used in landscape modifications or enhancements, shall be surrounded by hardscape one and a half times the height of the flame and located ten (10) feet from the structure. All exterior fire features shall be sourced by natural gas. Section 317.4.4 is hereby added to Chapter 3 and shall read as follows: Section 317.4.4 Maintenance Agreement. Upon the approval of a rooftop garden or landscaped roof, the Fire Code Official shall require a signed memorandum, constructed by the District, as a Maintenance Agreement for the proposed roof. The agreement shall require that the vegetation selected does not display any fire-prone characteristics, including, but not limited to, oil secretion and debris retainment. The agreement shall require that in any instance the vegetation is deemed by the Fire Code Official as unmaintained, dead, or hazardous to life and safety standards, all vegetation shall be removed from the roof surface 16 and a Class A roof covering shall be installed post-removal. The Maintenance Agreement is required to be returned to the Fire Code Official and shall be on record for the duration of the existence of the rooftop garden or landscaped roof. Section 319 of Chapter 3 is deleted in its entirety. Section 321 is hereby added to Chapter 3 and shall read as follows: Section 321 Public Storage Facilities. Section 321.1 General. Public Storage Facilities shall comply with the provisions of this section. Section 321.2 Location on Property and Fire Resistance of Exterior. All public storage facilities shall meet the minimum requirements for setback from property lines or fire resistive construction as set forth in Table 602 of the Building Code for Group S, Division 1 occupancies. Section 321.3 Fire Apparatus Access. All public storage facilities shall have fire apparatus access roads provided in accordance with Section 503. Section 321.4 Storage of Flammable and Combustible Liquids and Hazardous Materials. The storage of hazardous materials or flammable or combustible liquids in public storage facilities is prohibited. Such facilities shall post legible and durable sign(s) to indicate same in a manner and location(s) as specified by the Fire Code Official. This section shall apply to new and existing public storage facilities. Exception: Only those quantities of flammable and combustible liquids necessary for maintenance of the facility may be stored by the facility management per Chapter 57 of this code. CHAPTER 4: EMERGENCY PLANNING AND PREPAREDNESS Section 401.1.1 is hereby added to Chapter 4 and shall read as follows: Section 401.1.1 Hazardous Occupancies. In occupancies of a hazardous nature, where access for fire apparatus is unduly difficult, or where special life and fire safety hazards exist as determined by standards or policies of the Tiburon Fire Protection District, that facility or business management shall be required to develop and implement an Emergency Response Plan, provide for an on-site Emergency Response Team, Emergency Liaison Officer, staff training and fire drills in accordance with Sections 405 and 406 and standards developed by the Tiburon Fire Protection District. 17 Section 401 .3.2.1 is hereby added to Chapter 4 and shall read as follows: Section 401.3.2.1 Unwarranted Alarm Notification. Notification of emergency responders based on an unwarranted alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and administrative costs, incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification. Section 401.3.2.2 is added to read as follows: Section 401.3.2.2 Multiple Unwarranted or Nuisance Alarm Activations. Any occupancy that has more than 3 unwarranted or nuisance alarms causing emergency response within a 12-month period may be required to modify, repair, upgrade or replace their system and or monitoring station as determined by the Fire Code Official. Section 402.1 of Chapter 4 is hereby amended to add the following: Pre-Plans Unwarranted Alarms Section 403.1.1 is hereby added to Chapter 4 and shall read as follows: Section 403.1.1 Pre-Plans: When required by the Fire Code Official, pre- plans shall be developed for target hazard buildings according to the written standards developed by the authority having jurisdiction. Section 403.10.1.4 is hereby added to Chapter 4 and shall read as follows: Section 403.10.1.4 Emergency Preparedness for Hotels, Lodging and Congregate Houses. Hotels, lodging and congregate houses shall provide guests with immediate access to a telephone to report emergencies. The exit diagram shall indicate the location of the nearest telephone and instructions to dial 911. CHAPTER 5: FIRE SERVICE FEATURES Section 501.5 is hereby added to Chapter 5 to read as follows: Section 501.5 Failure to Comply. Failure to comply with this section upon written or verbal notice from the Fire Chief, Division Chief/Fire Marshal or his/her designee shall result in a Fire District order to cease operations and desist further operations until such time as adequate access and/or water for fire protection is provided. 18 Section 502.1 of Chapter 5 is hereby amended by adding the following term(s): Fire Road Section 503.1. of Chapter 5 is hereby amended as follows: Section 503.1 Where Required. Fire Apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.5. Section 503.1.4 of Chapter 5 is hereby added to read as follows: Section 503.1.4 Undeveloped Areas. Fire Apparatus access roads, improved or unimproved, shall be provided for firefighting equipment, apparatus and personnel to undeveloped areas of the Tiburon Fire Protection District so as to gain access to improved, unimproved, and undeveloped areas of the Tiburon Fire Protection District in a manner approved by the Fire Code Official. Any vehicle or other obstructions may be towed away at the owner's expense. Section 503.1.5 of Chapter 5 is hereby added to read as follows: Section 503.1.5 Aerial Fire Apparatus access. Buildings or facilities exceeding 30 feet or three stories in height, approved Aerial Fire Apparatus access roads shall be provided. For the purposes of this section, the highest roof surface shall be determined by the measurement to the eave of the pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. Section 503.1.5.1 Width. Aerial Fire Apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. Section 503.1.5.2 Proximity to building. One or more of the required access routes meeting this condition shall be located not less than 15 feet and not more than 30 feet from the building and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the Fire Code Official. Section 503.1.5.3 Obstructions. Overhead utility and power lines shall not be located over the Aerial Fire Apparatus access road or between the Aerial Fire Apparatus access road and the building. Other obstructions shall be permitted to be placed with the approval of the Fire Code Official. 19 Section 503.2.6.1. is hereby added to Chapter 5 and shall read as follows: Section 503.2.6.1 Evaluation and maintenance. All existing private bridges and elevated surfaces that are a part of the District access roadway shall be evaluated by a California licensed civil engineer experienced in structural engineering or a California licensed structural engineer, for safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual: "The Manual for Bridge Evaluation," Second Edition, or other approved standard. Vehicle load limits shall be posted at both entrances to bridges. All bridges and elevated structures providing District access shall be routinely maintained in accordance with Section 503.2.6 or when directed by the Fire Code Official or authorized designee. Section 503.4 of Chapter 5 is amended to read as follows: Section 503.4 Obstruction of Fire Apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in sections 503.2.1 and 503.2.2 shall be maintained at all times. Any vehicle or other obstruction may be towed away at the owner's expense. Section 503.4.2 is hereby added to read as follows: 503.4.2 Prohibition on Vehicular Parking on Private Access ways. If, in the judgment of the Fire Code Official, it is necessary to prohibit vehicular parking along private access ways serving existing facilities, buildings, or portions of buildings in order to keep them clear and unobstructed for fire apparatus access, the Fire Code Official may issue an Order to the owner, lessee or other person in charge of the premises to paint the curbs red or install signs or other appropriate notices to the effect that parking is prohibited by Order of the Fire District. It shall thereafter be unlawful for such owner, lessee or other person in charge of the premises to fail to install, maintain in good condition, the form of notice so prescribed. When such areas are marked or signed as provided herein, no person shall park a vehicle adjacent to any such curb or in the private access way contrary to such markings or signs. Any vehicle so parked in the private access way may be towed away at the expense of the owner of the vehicle. Section 503.6.1 is hereby added to Chapter 5 and shall read as follows: 503.6.1 Width. All gates shall open fully to provide an unobstructed passage width of not less than 16 feet or a minimum of two feet wider 20 than the approved net clear opening of the required all weather roadway or driveway and a minimum net vertical clearance of 15 feet. Section 503.6.2 is hereby added to Chapter 5 and shall read as follows: Section 503.6.2 Electronic Gates. All electronic operated gates shall have installed an approved key switch override system mounted on a stanchion or wall as approved by the Chief in accordance with Standards/Policies adopted by the Fire Code Official. All electronic or motorized gates shall incorporate in their design the means for fast, effective manual operation of the gates in the event of power or mechanical failure (i.e., easily removable hinge pins for separating power linkage from gates; undercut, weakened or frangible members requiring 40 pounds or less pressure against the gates to cause their failure and the gates to open). All electrical wiring and components of motorized gates. shall be UL listed and installed in accordance with the National Electric Code. Section 506.1 of Chapter 5 is hereby amended to read as follows: Section 506.1 Key Entry Systems. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes or in commercial structures that have an automatic fire sprinkler or fire alarm system installed, the Fire Code Official is authorized to require a key entry system to be installed in an approved location. The key entry system shall be of an approved type listed in accordance with UL1037, and if it is a box shall contain keys necessary to gain access as required by the Fire Code Official. Section 507.5.1 of Chapter 5 is hereby amended by deleting exceptions 1 and 2 and shall read as follows: Section 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 350 feet 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. Section 507.5. 1.1 of Chapter 5 is amended to read as follows: Section 507.5.1.1 Hydrant for fire department connections. Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant 21 within 100 feet of the fire department connections, or as approved by the Fire Code Official. (Also see Section 912.2). Section 507.5.7 is hereby added to Chapter 5 and shall read as follows: Section 507.5.7 Fire Hydrant Upgrades. When additions or modifications to structures are made, the nearest fire hydrant (if a new one is not required) located by the Fire Code Official, shall be upgraded to the minimum standard of one 4 1/2" outlet and one 2 1/2" outlet for single family dwellings and the minimum standard of one 4 1/2" outlet and two 2 1/2" outlets for commercial structures. Exception: If the cost of upgrading the fire hydrant exceeds 2% of the cost of the project based on the building permit valuation. Section 510.1 of Chapter 5 is hereby amended by deleting Exception 1. CHAPTER 9: FIRE PROTECTION AND LIFE SAFETY SYSTEMS Section 901.7 of Chapter 9 is hereby amended by adding the following sentence: Section 901.7 Systems out of Service. Where a required fire protection system is out of service, the District and the Fire Code Official shall be notified immediately and, where required by the Fire Code Official, the building shall be either evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. This section shall also apply to residential fire sprinkler systems. Section 903.2 of Chapter 9 is repealed in its entirety (with the exception of sub- sections 903.2.5, 903.2.6, 903.2.8, 903.2.11, 903.2.12, 903.2.14, 903.2.15, 903.2.16, 903.2.17, 903.2.18, 903.2.19, 903.2.20 which shall remain in effect). Section 903.2 of Chapter 9 is hereby added to read as follows: Section 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings shall be provided in the locations described in this section. Section 903.2.1 through 903.2.4 of Chapter 9 are hereby added to read as follows: Section 903.2.1 Required installations. An automatic sprinkler system shall be installed and maintained in all newly constructed buildings or structures. 22 Exceptions: 1. Detached pool houses, workshops, Group U private garages, barns and similar structures, built in conjunction with existing non- sprinklered single family residences and provided the new structure is less than 1,000 square feet and is not intended for use as a dwelling unit. 2. Detached non-combustible, limited combustible, or fire-retardant treated wood canopies. 3. Group B or M occupancies less than 1000 square feet. 4. Detached restroom facilities associated with golf courses, ball fields, parks and similar uses as approved by the Fire Code Official. S. Agricultural buildings as defined in Appendix C of the Building Code and not exceeding 2000 square feet, having clear unobstructed side yards free of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height, located within an agricultural zoned district as defined in the Marin County Planning Code. Section 903.2.2 Additions and Alterations. An automatic sprinkler system shall be installed in all buildings in excess of 3,000 sq. ft. which have ten percent (10%) or more floor area added within any 36-month period. Section 903.2.2.1 Substantial Remodel. An automatic sprinkler system shall be installed in all buildings which have fifty per cent (50%) or more floor area added, or any "substantial remodel" as defined in this code, within any 36-month period. Section 903.2.3 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the-California Residential Code. An automatic sprinkler system shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations. Section 903.2.4 Change of Occupancy or Use. For any change of occupancy or use, when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official, including but not limited to conversion of buildings to single family residences, accessory dwelling units, bed and breakfast, inns, lodging houses or congregate residences or other similar uses, an automatic sprinkler system shall be installed throughout. 23 Section 903.3 of Chapter 9 is hereby amended by adding the following thereto: The requirements for fire sprinklers in this code section are not meant to disallow the provisions for area increase, height increase, or Fire- Resistive substitution if otherwise allowed by sections 504 and 506 of the 2019 California Building Code. All automatic fire sprinkler systems shall be installed in accordance with the written standards of the Fire Code Official and the following: a. In all residential buildings required to be sprinkled any attached garages shall also be sprinkled, and except for single family dwellings, in all residential occupancies the attics shall be sprinkled. b. In all existing buildings, where fire sprinklers are required by provisions of this code, they shall be extended into all unprotected areas of the building. c. All single-family dwellings in excess of 5,000 square feet shall have automatic fire sprinkler systems designed in accordance with NFPA Standard 13 or 13R. d. All public storage facilities shall have installed an approved automatic fire sprinkler system. An approved wire mesh or other approved physical barrier shall be installed 18 inches below the sprinkler head deflector to prevent storage from being placed to within 18 inches from the bottom of the deflector measured at a horizontal plane. Section 903.3.9 of Chapter 9 is hereby amended by replacing item 2 with the following: Section 903.3.9 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed 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 above the lowest level of fire department vehicle access. 2. Buildings that are two or more stories in height. 24 3. Buildings that are two or more stories below the highest level of fire department vehicle access. Exception: Group R-3 and R-3.1 occupancies floor control valves and waterflow detection assemblies shall not be required. Section 903.6.1 of Chapter 9 is hereby added and shall read as follows: Section 903.6.1 Application. In all existing buildings, when the addition of automatic fire sprinklers is required by the provisions of this code, automatic fire sprinklers shall be extended into all unprotected areas of the building. Section 904.12 is amended to read as follows: Section 904.12 Commercial cooking systems. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, NFPA 96, and an automatic fire extinguishing system that is listed and labeled for its intended use as follows: 1. Wet chemical extinguishing system, complying with UL 300 2. Carbon dioxide extinguishing system. 3. Automatic fire sprinkler systems. All existing dry chemical and wet chemical extinguishing systems shall comply with UL 300. Exception: Public school kitchens, without deep-fat fryers, shall be upgraded to a UL 300 compliant system during state-funded modernization projects that are under the jurisdiction of the Division of the State Architect (DSA). All systems shall be installed in accordance with the California Mechanical Code, NFPA 96, appropriate adopted standards, their listing and the manufacturers' installation instructions. Exception: Factory-built commercial cooking recirculating systems that are tested, listed, labeled and installed in accordance with UL 710B and the California Mechanical Code and NFPA 96. Section 906.11 is hereby added to Chapter 9 and shall read as follows: 25 Section 906.11 Fire Extinguisher Documentation. The owner and/or operator of every Group R Division 1 and R Division 2 occupancies shall annually provide the Chief written documentation that fire extinguishers are installed and have been serviced as required by Title 19 California Code of Regulations when such extinguishers are installed in residential units in lieu of common areas. Section 907.2.12.1.2 of Chapter 9 is hereby amended by adding new subsection 3 to read as follows: 3. Duct smoke detectors shall be capable of being reset by a readily accessible, remote push button or key activated switch as approved by the Fire Code Official. Section 907.6.6 is hereby amended to read as follows: Section 907.6.6 Monitoring. New and upgraded fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved Central Station in accordance with NFPA 72 and this section. Exception: Monitoring by central station 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. Section 907.8.5.1 of Chapter 9 is hereby added and shall read as follows: Section 907.8.5.1. Smoke Alarm Documentation. The owner and/or operator of every Group R Division 1. Division 2, Division 3.1, and Division 4 Occupancies shall annually provide the Fire Code Official with written documentation that the smoke alarms installed pursuant to the Building Code have been tested and are operational. If alarms are found to be inoperable or are missing, such alarms shall be repaired or replaced immediately. CHAPTER 11: CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 26 Section 1103.1 of Chapter 1. 1 is hereby amended to read as follows: Section 1103.1 Required Construction. Existing buildings shall comply with not less than the minimum provisions specified in Table 1103.1 and as further enumerated in Sections 1 103.2, 1103.7 through 1103.8.5.3, 1103.9.1, and 1103.10. The provisions of this chapter shall not be constructed to allow the elimination of fire protection systems or a reduction in the level of fire safety provided in buildings constructed in accordance with previously adopted codes. Exceptions: 1. Where a change in fire-resistance rating has been approved in accordance with Section 501.2 or 802.6 of the California Existing Building Code. 2. Group U occupancies. Sections 1103.2 Item #I is deleted. Sections 1103.3 through 1103.6.2 are deleted. Sections 1103.9 is deleted. Sections 1104 and 1105 are deleted. CHAPTER 26: FUMIGATION AND INSECTICIDAL FOGGING Chapter 26 is deleted in its entirety. CHAPTER 33: FIRE SAFETY DURING CONSTRUCTION Section 3313.3 of Chapter 33 is amended by adding the following to the end of the exception: Exception: Standpipes shall be either temporary or permanent in nature, and with or without a eater supply, provided that such standpipes comply with the requirements of Section 905 as to capacity, outlets and materials, as approved by the Fire Code Official. Section 3314.3 in Chapter 33 is added to read as follows: 2 Section 3314.3 Where required. In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding two stories in height above the lowest level of District vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. Section 3314.4 of Chapter 33 is added to read as follows: Section 3314.4 Buildings being demolished. Where a building is being demolished and an automatic sprinkler system is existing within such a building, such automatic sprinkler system shall be maintained in an operable condition so as to be available for use by the District. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished. Section 3314.5 of Chapter 33 is added to read as follows: Section 3314.5 Detailed requirements. Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903. CHAPTER 49: REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS Section 4902.1 of Chapter 49 is amended to read as follows: Section 4902.1 WILDLAND-URBAN INTERFACE FIRE AREA. A geographical area identified by the Tiburon Fire Protection District as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires, as designated on the map titled "Tiburon Fire District Wildland-Urban Interface Fire Areas," dated November 2008. Section 4906.2 of Chapter 49 is amended to read as follows: Section 4906.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including: 28 1.1. Moderate Fire Hazard Severity Zones 1.2. High Fire Severity Zones 1.3. Very-high Fire Severity Zones 2. Land designated as Very-high Fire Hazard Severity Zone by cities and other local agencies. 3. Land designated as Wildland-Urban Interface Fire Areas by cities and other local agencies. Section 4906.4. Vegetation Management Plan. All neve construction and substantial remodels shall prepare a Vegetation Management Plan (VMP). Not less than two (2) complete plan sets shall be submitted to the Fire Code Official for review or a single complete set in digital form. Section 4906.4.1 Content. The VMP shall be created by the requirements of the. Tiburon Fire District Standard 220-220B which can be found on the Tiburon Fire District website. Section 4906.4.2 Cost. The cost of Vegetation Management Plan (VMP) preparation and review shall be the responsibility of the applicant. Section 4907.1 of Chapter 49 is amended to read as follows: Section 4907.1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title 14 Division 1.5, Chapter 7, Subchapter 2, Section 1270. Buildings and structures within the Very-high Fire Hazard Severity Zones of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code 51175-51189 and any local ordinance of the authority having jurisdiction. Buildings and structures within the Wildland-Urban Interface Fire Area of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in the Government Code Sections 51175-51189 and local standards of the authority having jurisdiction. Section 4907.2 of Chapter 49 is hereby added and shall read as follows: 29 Section 4907.2 Fire Hazard Reduction. Any person who owns, leases, controls or maintains any building or structure, vacant lands, open space, and/or lands within specific Wildland Urban Interface areas of the jurisdiction of the Tiburon Fire Protection District, shall comply with the following: 1. Cut and remove all fire prone vegetation within 30 feet of structures, up to 150 feet when topographic or combustible vegetative types necessitate removal as determined by the Fire Code Official. 2. Remove accumulated dead vegetation on the property. 3. Cut and remove tree limbs that overhang wood decks and roofs. 4. Remove that portion of any tree which extends within 10 feet of any chimney or stovepipe, roof surfaces and roof gutters 5. Clean any leaves and needles from roof and gutters. 6. Cut and remove growth less than 3-inches in diameter, from the ground up to a maximum height of 10 feet, provided that no crown shall be raised to a point so as to remove branches from more than the lower one-third of the tree's total height. 7. Vegetation clearance requirements for new construction and substantial remodels in Wildland-Urban Interface Areas shall be in accordance with the 2018 International Wildland-Urban Interface Code, as amended by the Tiburon Fire Protection District 8. Clearance of flammable brush or vegetative growth from fire access road or driveways. The Fire Code Official is authorized to require, within 10 feet on each side and 15 feet in height of highways, streets, fire apparatus roads and driveways, to be abated of flammable vegetation and other combustible growth. EXCEPTION 1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to any structure. EXCEPTION 2: When approved by the Fire Code Official, grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures less than 18 inches (457 30 mm) in height above the ground need not be removed where necessary to stabilize soil and prevent erosion. Section 4908 of Chapter 49 is hereby added and shall read as follows: Section 4908 Fire Hazard Reduction from Roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 cm) on each side of portions of highways, Fire Apparatus access roads (improved or unimproved), and driveways (improved or unimproved), which are improved, designed, or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. Corrective action, if necessary, shall be the same as the actions required in section 4907.2. The Fire Code Official is authorized to enter upon private property to carry out this work. EXCEPTION .1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. CHAPTER 56: EXPLOSIVES AND FIREWORKS Section 5601.1.3 of Chapter 56 Exceptions 1, 2, and 4 are hereby deleted. Section 5608.1.2 of Chapter is added to read as follows: Section 5608.1.2 Permit required. A permit shall be obtained from the Fire Code Official in accordance with Section 105.6 prior to the performance of any firework display. Application for such approval shall be made in writing no less than twenty (20) days prior to the proposed display. The application shall be considered and acted upon by the Fire Code Official or authorized designee pursuant to this Chapter and Title 19, Chapter 6, Article 3 - Licenses of the California Code of Regulations. :-Nny permit for a fireworks display may be suspended or revoked at any time by the Fire Code Official or authorized designee. Section 5608.2 of Chapter 56 is added to read as follows: Section 5608.2 Limitations. Possession, storage, offer or expose for sale, sell at retail, gift or give ave ay, use, explode, discharge, or in any manner dispose of fireworks is prohibited within the limits established by law as the limits of the districts in which such possession, storage, offer or exposure for sale, retail sale, gifting, 31 use, explosion, discharge, or disposal of fireworks is prohibited in any area as established by applicable land-use and zoning standards. Exception: Firework displays authorized pursuant to section 5608.1 for which a permit has been issued. . APPENDIX B: FIRE-FLOW REQUIREMENTS FOR BUILDINGS California Fire Code, Appendix B Table B 105.1(1) is amended to read as follows: TABLE B105.1(1) REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES IRE-FLOW AUTOMATIC SPRINKLER MINIMUM FLOW ALCULATION SYSTEM IRE-FLOW DURATION AREA Design Standard) (gallons per (hours) s uarefeetminute) -3,600 No automaticsprinkler system 1,500 3,601 and greaterNo automatic sprinkler system Value in Duration in Table able B 105.1(2) 105.1(2) at The required fire- ow rate -3,600 Section 903.3.1.3 of the 1,000 1 California Fire Code r Section 313.3 of the Cali ornia Residential Code ,601 and greaterSection 903.3.1.3 of the 1/2 value in Duration in Table California Fire Code able BIOS.1(2)n 105.1(2) at r Section 313.3 of the The required fire- California Residential Code flow rate For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire flow shall be not less than 1,000 gallons per minute. Appendix B Table B 105.2 is amended to read as follows: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC MINIMUM FIRE- FLOW DURATION SPRINKLER SYSTEM FLOW (hours) 32 (Design Standard) (gallons per minute No automatic sprinkler Value in Table Duration in Table B105.1(2) system B105.1(2) Section 903.3.1.1 of the 50% of the value in Duration in Table B105.1(2) at California Fire Code Table B 105.1 2 a the reduced flow rate Section 903.3.1.2 of the 50% of the value in Duration in Table BIOS.1(2) at California Fire Code Table B105.1(2)8 the reduced flow rate For SI: 1 gallon per minute = 3.785 L/m. a. The reduced fire flow shall be not less than 1,500 gallons per minute. APPENDIX C: FIRE HYDRANT LOCATIONS AND DISTRIBUTION Section C 103.1 of Appendix C is amended to read as follows: Section C103.1 Hydrant spacing. Fire Apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C 102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be approved by the Fire Code Official. Section C103.2 of Appendix C is deleted. Section C103.3 of Appendix C is deleted. INTERNATIONAL WILDLAND-URBAN INTERFACE: APPENDIX A Section A104.7.2 of Appendix A of the International Wildland-Urban Interface Code is amended to read as follows: Section A104.7.2 Permits. The Fire Code Official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the Fire Code Official. Section A 104.1 1 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A 104.11 - Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across hazardous fire areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause a fire shall not be fired or projected into or across hazardous fire areas. 33 Section A104.12 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A 104.12 Apiaries. Lighted or smoldering material shall not be used in connectionwith smoking bees in or upon hazardous fire areas except by permit from the Fire Code Official. Section A104.13 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.13 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas except by permit from the Fire Code Official. SECTION 12. AUTHORITY TO ARREST AND ISSUE CITATIONS The Fire Chief, Chief Officers, Fire Marshal, Deputy Fire Marshal, and Fire Inspectors shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, Sc and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. It is the intent of the Board of Directors of the Tiburon Fire Protection District that the immunities provided in Penal Code Section 836.5 be applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter. SECTION 13. PENALTIES A. Violations of the Fire Code as adopted herein are misdemeanors/infractions and are subject to the penalties set forth herein. B. If a criminal citation is issued, penalties shall be per Section 109 of the California Fire Code and 109.4, or 111.4 of Section 1 1 of this ordinance. If an administrative citation is issued, the penalties are as follows: 1 . The first citation, within a 12-month period, for violations of the Fire Code and any amendments adopted herein, shall be treated as a Civil Penalty payable directly to the Tiburon Fire Protection District and is set 34 at $250 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Tiburon Fire Protection District. Said civil penalties shall be a debt owed to the District by the person responsible for the violation within thirty (30) days after the date of mailing of the citation unless an appeal is filed as provided in Section 14. Upon failure to pay the civil penalty when due, the responsible person shall be liable in a civil action brought by the Tiburon Fire Protection District for such civil penalty and costs of the litigation, including reasonable attorney's fees. 2. Any subsequent citations within a twelve (12) month period for any violations of the Fire Code and any amendments adopted herein shall be misdemeanors/infractions and shall be subject to the penalties set forth herein. 3. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that a violation occurs or continues after a final notice has been delivered, shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions. 4. Nothing contained in Subsections (1) through (4) of this Section shall be construed or interpreted to prevent the Tiburon Fire Protection District from recovering all costs associated with a Fire District response as described in Section 104.12 of the 2019 California Fire Code as amended. 5. Any violation of any provision of this Chapter shall constitute a public nuisance and shall entitle the Tiburon Fire Protection District to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by special assessment to be collected by the County Tax Collector as more particularly set forth in Government Code Section 38773.5. At least thirty (30) days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Tiburon Fire Protection District intent to charge the property owner for all administrative costs associated with enforcement of this Ordinance and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this Ordinance and abatement of the nuisance. The property owner may appeal the Chief's decision to the Board of Directors of the Tiburon Fire Protection District within fifteen (15) days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. In addition to the 35 foregoing, the Tiburon Fire Protection District is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property, and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney's fees. The provisions of this section shall also apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in section 110. SECTION 14. APPEALS A. Any person receiving a citation for a civil penalty pursuant to Section 13 (B) or a bill for Tiburon Fire Protection District response costs and expenses pursuant to Section 104.12 of the Fire Code, may file within thirty (30) days after the date of mailing the citation or bill, an administrative appeal against imposition of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days advance written notice of the time and place of the hearing. Within ten (10) days after the hearing the Chief shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the decision of the hearing officer. B. Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Directors of the Tiburon Fire Protection District within 10 days from the date of the decision. The provision of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in various sections of this Code, or to matters for which an appeal is provided pursuant to Section 14 (A) above. SECTION 15. FORMER ORDINANCES All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the Code hereby adopted are hereby repealed. SECTION 15_ VALIDITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Board of Directors of the Tiburon Fire Protection District hereby declares that it would have adopted the Ordinance 36 and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. SECTION 17. ORDINANCE PUBLICATION AND EFFECTIVE DATE A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the Tiburon Fire Protection District Clerk at least five (5) days prior to the meeting at which it is adopted. This Ordinance shall be in full force and effective thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of Board of Directors voting for or against same, in the Marin IJ, a newspaper of general circulation in the County of Marin, State of California. SECTION 18. CALIFORNIA ENVIRONMENTAL QUALITY ACT The Board of Directors of the Tiburon Fire Protection District finds that adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA") under California Code of Regulations, Title 14, § 15061(b)(3). 37 The foregoing Ordinance No.129 was read and introduced at a Regular meeting of the Board of Directors of the Tiburon Fire Protection District held on the 9th day of October 2019, with a public hearing and ordered passed to print by the following vote, to wit: AYES: NOES: ABSENT: and will come up for adoption as an Ordinance of the Tiburon Fire Protection District at a Regular meeting of the Board of Directors to be held on the 13th day of November 2019. Nicole Chaput, Clerk of the Board Tiburon Fire Protection District PASSED AND ADOPTED by the Board of Directors, Tiburon Fire Protection District, on the 13th day of November 201.9, with last public hearing by the following vote: AYES: NOES: ABSENT: Attest: David Kirchhoff, Board Secretary Steve Sears, Board President 38 EXHIBIT ORDINANCE NO. 2019/2020-01 AN ORDINANCE OF THE SOUTHERN MARIN FIRE PROTECTION DISTRICT ADOPTING AND MODIFYING THE 2019 CALIFORNIA FIRE CODE, AND APPENDIX A OF THE 2018 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND DEFINE THE POWERS AND DUTIES OF THE RISK REDUCTION PREVENTION AND MITIGATION DIVISION AND OFFICERS. WHEREAS, the Southern Marin Fire Protection District (District) may adopt a fire prevention code by reference pursuant to Article 2 commencing with Section 50022 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code; WHEREAS, pursuant to Health and Safety Code Section 13869, the Southern Marin Fire Protection District may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code when such modified standards are reasonably necessary because of local climatic, geological or topographical conditions; WHEREAS, pursuant to Sections 17958.5, 17958.7, and 18941.5 of the State of California Health and Safety Code, changes or modifications to the 2019 California Building Standards Code are needed and are reasonably necessary because of local climatic, geographic and topographic conditions. WHEREAS, this ordinance No. 2019/2020-01 was introduced and read by title only at a meeting of the Board of Directors of the Southern Marin Fire Protection District on the 18th day of September 2019. NOW THEREFORE BE IT ORDAINED by the Board of Directors of Southern Marin Fire Protection District the following: SECTION 1. ADOPTION OF 2019 CALIFORNIA FIRE CODE, and APPENDIX A of the 2018 INTERNATIONAL WILDLAND URBAN INTERFACE CODE 1 The Board of Directors of the Southern Marin Fire Protection District hereby adopt, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion the following: A. The 2019 California Fire Code, which consists of certain portions of the 2018 edition of the International Fire Code as amended by the California Building Standards Commission, including: 1. Appendix B FIRE FLOW REQUIREMENTS FOR BUILDINGS, the whole thereof, save and except such portions as are hereafter amended by section 11 of this Ordinance. 2. Appendix C FIRE HYDRANT LOCATIONS AND DISTRIBUTION, 3. Appendix F HAZARD RANKING, 4. Appendix H HAZARDOUS MATERIALS MANAGEMENT PLANS AND HAZARDOUS MATERIALS INVENTORY STATEMENTS S. Appendix I FIRE PROTECTION SYSTEMS- NONCOMPLIANT CONDITIONS 6. Appendix O TEMPORARY HAUNTED HOUSES, GHOST WALKS AND SIMILAR AMUSEMENT USES. B. The International Fire Code published by the International Fire Code Council, Inc., 2019 Edition hereof and the whole thereof, save and except such portions as are hereinafter amended, added or deleted by Section 11 of this Ordinance. C. Appendix A of the 2018 edition of the International Wildland-Urban Interface Code save and except such portions as are hereinafter deleted, modified or amended by Section 11 of this Ordinance. Not less than one (1) copy of the Codes and Standards hereby adopted is filed in the office of the Fire Marshal of the Southern Marin Fire Protection District, and the same are hereby adopted and incorporated fully as if set out at length herein, and from the date on which this Ordinance shall take effect, and the provisions thereof shall be controlling within the limits of the Southern Marin Fire Protection District. SECTION 2. ESTABLISHMENT AND DUTIES OF THE RISK REDUCTION PREVENTION AND MITIGATION DIVISION The 2019 California Fire Code, which consists of certain portions of the 2018 edition of the International Fire Code as amended by the California Building Standards Commission, and Appendix A of the 2018 edition of the International Wildland-Urban Interface Code as adopted and amended herein, shall be enforced by the Risk Reduction Prevention and Mitigation Division of the Southern Marin Fire Protection District and shall be operated under the supervision of the Chief of the Risk Reduction Prevention and Mitigation Division of the Southern Marin Fire Protection District. 2 SECTION 3. DEFINITIONS Wherever they appear in the California and International Fire Codes, unless otherwise provided, the following words shall have the meanings ascribed to them in this section: (a) Whenever the words "Fire Code" are used they shall mean those Codes and Standards adopted in Section 1 of this Ordinance. (b) Wherever the term "counsel" is used in the Fire Code, it shall be held to mean the attorney for the Southern Marin Fire Protection District. (c) Wherever the word "jurisdiction" is used in the Fire Code, it shall be held to mean the Southern Marin Fire Protection District. (d) Wherever the words "Fire Code Official" are used in the Fire Code, they shall be held to mean the Fire Chief, Division Chief/Fire Marshal or his/her designee of the Risk Reduction Prevention and Mitigation Division of the Southern Marin Fire Protection District. SECTION 4. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF CLASS I, CLASS II AND CLASS III LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED The geographic limits referred to in Section 5704.2.9.6.1 of the California Fire Code in which storage of Class I, Class II and Class III liquids in outside aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 5. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF CLASS I, CLASS II AND CLASS III LIQUIDS IN ABOVEGROUND TANKS IS PROHIBITED The geographic limits referred to in Section 5706.2.4.4 of the California Fire Code in which storage of Class 1, Class II and Class III liquids in aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 6. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF STATIONARY TANKS OF FLAMMABLE CRYOGENIC FLUIDS IS TO BE PROHIBITED The geographic limits, referred to in Section 5806.2 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers are prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, and in agricultural land of less than two (2) acres as established by County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 7. ESTABLISHMENTS OF GEOGRAPHIC LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED The geographic limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land less than two (2) acres the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons as established by the County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 8. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED The geographic limits in which storage of explosives and blasting agents is prohibited, are as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 9. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF COMPRESSED NATURAL GAS IS TO BE PROHIBITED The geographic limits, in which the storage of compressed natural gas is prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 10. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED The geographic limits, in which the storage of hazardous materials is prohibited or limited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 11. AMENDMENTS MADETO THE 2019 CALIFORNIA FIRE CODE AND 2018 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE. The Southern Marin Fire District Board of Directors hereby finds that local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications to the 2019 California Fire Code and the 2019 California Building Standards Code in order to provide a reasonable degree of property security and fire and life safety in this Fire District. Specifically, the Southern Marin Fire Protection District Board finds that the following local conditions make more stringent standards a necessity: 1. Climatic a. Precipitation.Precipitation ranges from 15 to 42 inches per year with an average of approximately 39.2 inches per year. Approximately ninety percent (90%) falls during the months of November through April, and 10% from May through October. b. Relative Humidity. Humidity generally ranges from 501/0 during daytime to 86% at night. It drops to 20% during the summer months and occasionally drops lower. c. Temperatures. Temperatures have been recorded as high as 104 degrees F. Average summer highs are in the 78 degree to 85 degree range. d. Winds. Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5 - 15 mph range, gusting to 7.4 - 30 5 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. e. Summary. These local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. The winds experienced in this area can have a tremendous impact upon structure fires of buildings in close proximity to one another, commonly found in Southern Marin. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts. 2. Geographic and Topographic a. Geography. The fire environment of a community is primarily a combination of two factors: (1) the area's physical geographic characteristics and (2) the historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area's fire protection needs. The basic geographical boundaries of the District include the City of Sausalito to the south, Tamalpias / Homestead Valley to the west, Mill Valley to the north and Strawberry / Tiburon to the east. The Fire District is in a unique geographic area, built upon a tree- covered 980-foot slope with an average grade of 22%. Slopes of 60% are commonplace. The District is water bound at its base, and along its ridgeline is a national park area of highly combustible grass, brush, and trees, mainly eucalyptus. Lands in the southerly portion of the District were subdivided in 1850, and in the central and northerly portions in 1870. The structural buildup occurred between the 1880's and 1920's in many of the residential areas and the District's commercial center. The original construction consists of frame structures built with little or no side yard setbacks on small, narrow lots typical of that era. Because of the size of the District (20.5 square miles), the characteristics of the fire environment changes from one location to the next. Therefore, the District has not a singular environment, but a 6 number of fire environments, each of which has its individual fire protection need. The domestic water supply is located at the end of the Marin Municipal Water District's distribution system and consists of five levels of gravity systems of varying pressures and capacities. Sixteen percent of the District's hydrants are rated at less than 500 gallons per minute and, therefore, are deficient for fire protection. The service area of the District has a varied topography and vegetative cover. A conglomeration of bay plains, hills and ridges make up the terrain. Development has occurred on the flat lands in the central portion of the District. However, over the last ten years, development has spread into the surrounding hills and the smaller valleys and canyons. b. Seismic Location. The relatively young geological processes that have created the San Francisco Bay Area are still active today. The District sits between two active earthquake faults (San Andreas and the Hayward/-Calaveras) and numerous potentially active faults. Approximately 50% of the District's land surface is in the high-to- moderate seismic hazard zones. c. Size and Population. The Fire District covers 20.5 square miles including an urban population estimated at 26,175 and over 11,055 residential and commercial structures. Southern Marin Fire Protection District is the fourth largest fire department in Marin County. Within the Fire Protection District are three (3) fire stations and a total of 59 Fire District personnel. The Fire Protection District handles diverse responsibilities including wildland, urban, freeway, air, water and emergency paramedical services. d. Roads and Streets Most of the District's street and pathway systems were laid out in the 1870's. Limited off-street parking has been provided; therefore, many of the District's streets have less than 20 feet of unobstructed width and turning radius, as required by the California Fire Code, Section 503.2. Roadways with less than 20 feet of unobstructed paved surface are considered hazardous in terms of fire access and protection. e. Topography. The District's service area is a conglomeration of bay plains, hills, valleys and ridges. The flatter lands are found in the central and eastern portions of the District. Most of the existing urban and suburbanized areas are built on slopes ranging from 50/0 - 70% grades. 7 Elevations are varied in the District with Sausalito Marinship area listed as 18 feet below sea level. Elevations in the Amaranth development are in the area of 980 feet above sea level. Correspondingly, there is much diversity in slope percentages with a large percentage of homes in the 25% to 45% range and the average slope being 22%. Slope is an important factor in fire spread. As a basic rule of thumb, the rate of spread will double as the slope percentage doubles, all other factors remaining the same. f. Vegetation. Southern Marin Fire Protection District's semi-arid Mediterranean-type climate produces vegetation similar to that of most of Marin County, with specific growth locale a result of topography and prevailing wind. The south facing exposure is primarily rye grass with occasional clumps of bay and oak trees in the more sheltered pockets. The north facing slopes are heavily wooded from lower elevations to ridge with oak and bay trees and minor shrubs of the general chaparral class. Expansion of the residential community into areas of heavier vegetation has resulted in homes existing in close proximity to dense natural foliage. Often such dwellings are completely surrounded by highly combustible vegetation compounding the fire problem from a conflagration point of view. A large percentage of the structures in the District have costly shingle or shake roofs. This very flammable material is susceptible to ignition by embers from a wildland fire, furthering the spread of fire to adjacent buildings. Of the Fire District's 20.5 square mile service area, approximately 15.8 square miles encompasses the wildland urban interface area. Proliferation of sudden oak death syndrome has increased the dead fuel loads in the oak woodlands and bay forests which has significantly increased fire brand production and crown fire potential within the wildland urban interface area. g. Summary. The above listed conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire District. The protection of life and property from fire is difficult due to limited access problems created by water, cliffs, steep slopes, and the lack of side yard setbacks, as well as the combustible structures and their roofs. 8 Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large percentage of dwellings in the Fire District have wood shingled roofs. The majority of the District's industrial complexes are located in the highest seismic risk zones. The highest seismic risk zone also contains the largest concentration of hazardous materials. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. The District's resources would have to be prioritized to mitigate the greatest threat and may likely be unavailable for smaller single-dwelling or structure fires. Other variables may tend to intensify the situation: 1. The extent of damage to the water system; 2. The extent of isolation due to bridge and/or freeway overpass collapse; 3. The extent of roadway damage and/or amount of debris blocking the roadways; 4. Climatic conditions (hot, dry weather with high winds); 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 6. The availability of timely mutual aid or military assistance; 7. The large portion of dwellings with wood shingle roof coverings could result in conflagrations. Conclusion: Local climatic, geographic and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary that the International Fire Code, California Fire Code and the State Building Standards Code be changed or modified to mitigate the effects of the above conditions. Furthermore, California Health and Safety Code Section 1.7958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the Southern Marin Fire Protection District finds that the following table provides code sections that have been modified pursuant to Ordinance No. 2019/2020-01, which are building standards as defined in Health 9 and Safety Code Section 18909, and the associated referenced conditions for modification due to local climatic, geographical, and topographical reasons. CA Fire Code Section Number Local followed by corresponding climatic, geological and topographical condition findings as set forth above: Section Number: Local Climatic, Geographical and Topographical Conditions: Chapter 2 DEFINITION 202 le, 2a, 2b, 2d, 2e, 2f Chapter 3 GENERAL REQUIRMENTS 302.1 2b, 2d, 2e, 2g 321.1 2b, 2d, 2e, 2g 321.2 2b, 2d, 2e, 2g 321.3 2b, 2d, 2e, 2g 321.4 2b, 2d, 2e, 2g Chapter 4 EMERGENCY PLANNING AND PREPARDNESS 401.1.1 2c,2d,2e,2g 401.3.2.2 2a,2b,2c,2d,2e,2g 403.1.1 2a,2b,2c,2d,2e,2g 403.10.1.4 2a,2b,2c,2d,2e,2g Chapter 5 FIRE SERVICE FEATURES 503.1 2a,2c,2d,2e,2f,2g 503.1.4 2a,2c,2d,2e,2f,2g 503.1.5 2a,2c,2d,2e,2f,2g 503.2.6.1 2a,2c,2d,2e,2f,2g 503.4 2a,2c,2d,2e,2f,2g 503.4.2 2a,2c,2d,2e,2f,2g 503.6.1 2a,2c,2d,2e,2f,2g 503.6.2 2a,2c,2d,2e,2f,2g 507.5.1 2a,2c,2d,2e,2f,2g 507.5.1.1 2a,2c,2d,2e,2f,2g 507.5.7 2a,2c,2d,2e,2f,2g 510.1 2a,2c,2d,2e,2f,2g Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS 903.2.1 - 903.2.4 2a, 2b, 2c, 2d, 2e, 2g 903.3.9 2a, 2b, 2c, 2d, 2e, 2g 903.6.1 2a, 2b, 2c, 2d, 2e, 2g 907.6.6 2a, 2b, 2c, 2d, 2e, 2g 912.2 2a, 2b, 2c, 2d, 2e, 2g Chapter 33 FIRE SAFETY UNDER CONSTRUCTION 3313.3 2a, 2b, 2c, 2d, 2g 3314.3 2a, 2b, 2c, 2d, 2g 3314.4 2a, 2b, 2c, 2d, 2g Chapter 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS 4902.1 la,lb,lc,ld,le,2a,2b,2c,2d,2g 10 4906.2 1a,Ib,Ic,Id,Ie,2a,2b,2c,2d,2g 4907.1 1a,Ib,Ic,Id,Ie,2a,2b,2c,2d,2g 4907.2 la,lb,lc,Id,Ie,2a,2b,2c,2d,2g 4908 1a,1b,Ic,Id,Ie,2a,2b,2c,2d,2g Chapter 56 EXPLOSIVES AND FIREWORKS 5608.1.2 - 5608.2 2a,2c,2d,2e,2g Appendix B 2a,2b,2c,2d,2e,2f,2g ACCORDINGLY, THE 2019 CALIFORNIA FIRE CODE IS AMENDED, ADDED OR DELETE AS IDENTIFIED HEREIN: CHAPTER 1: SCOPE AND ADMINISTRATION Section 10 1.1 of Chapter 1 is amended to read as follows: Section 101.1 Title. These regulations and locally adopted standards shall be known as the Fire Code of the Southern Marin Fire Protection District hereinafter referred to as "this code." Section 102.5 of Chapter 1 is hereby amended to read as follows: Section 102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows: 1. Construction and designed provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure when specifically required by this code including, but not limited to, Section 903.2 and 1204.2.1 shall apply. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall also apply 2. Administrative, operational and maintenance provisions of this code shall apply. Section 102.7.3 is hereby added to Chapter 1 and shall read as follows: Section 102.7.3 Nationally Recognized Listed Products. Any installation of products and equipment due to permits required by this Code shall be Labeled and Listed, as defined in Section 202. Section 104.1.1 is hereby added to Chapter 1 and shall read as follows: 11 Section 104.1.1 Supplemental Rules, Regulations and Standards or Policies. The Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations and to develop Fire Protection Standards or Policies to carry out the application and intent of this code. Section 104.12 is hereby added to Chapter 1 and shall read as follows: Section 104.12. Fire Prevention Resource Sharing. Other enforcement agencies shall have authority to render necessary assistance in plan review, inspection, code interpretation, enforcement, investigation and other fire prevention services when requested to do so. Section 105.6 of Chapter 1 is hereby amended by adding the following additional operational permits: 105.6 Required Operational Permits. The fire code official is authorized to issue operational permits for operations set forth in Sections 105.6.1 through 105.6.52 Section 105.6.52 of Chapter 1 is hereby added to read as follows: 105.6.52 Local Permits. In addition to the permits required by section 105.6, the following permits shall be obtained from the Fire Prevention Division prior to engaging in the following activities, operations, practices or functions: 1. Fire Protection Plan. An operational permit is required to implement a fire protection plan. 2. Radioactive material. An operational permit is required to store or handle at any installation more than 1 micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or more that 1 millicurie (37,000,000 Becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which specific license from the Nuclear Regulatory Commission is required. Section 105.7.26 is hereby added to Chapter 1 and shall read as follows: Section 105.7.26 Vegetation Management Plan. A construction permit is required to implement a vegetation management plan. Section 110.4 of Chapter 1 is hereby amended to read as follows: Section 110.4 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 appro\ed construction documents or directive of the Fire Code Official, or of a permit 12 or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one penalty of any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 110.4.2 of Chapter 1 is added to read as follows: Section 110.4.2 Abatement of clearance of brush or vegetative growth from structures. The executive body is authorized to instruct the Chief to give notice to the owner of the property upon which conditions regulated by section 304.1.2 of Chapter 3 and section 4907.1 of Chapter 49 exists to correct such conditions. If the owner fails to correct such conditions, the executive body is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists. Section 112.4 of Chapter 1 is hereby amended to read as follows: Section 112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than $500 dollars or more than $1500 dollars. Section 114.1 is hereby added to Chapter 1 and shall read as follows: Section 114.1 Damages and Expense Recovery. The expense of securing any emergency that is within the responsibility for enforcement of the Fire Chief as given in Section 104 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agenc, to secure the emergency, monitor remediation, and clean up. 13 CHAPTER 2: DEFINITIONS Section 202 of Chapter 2 is hereby amended by adding the following general definitions: Coverings shall mean materials including, but not limited to gypsum board, paneling, floorboards, lathe and plaster, wood paneling, brick and mortar, or other materials attached to rough framing of the building elements. `Coverings' do not include carpet, linoleum, tile, wallpaper, or other decorative finishes. Driveway A private road giving access from a public way to a building or structure on abutting grounds Easement Access An access that allows one or more persons to access or use or travel across another's land to reach a nearby location, such as a road. Fire-Prone Plant Species Plants, which can ignite readily and burn intensely, generating large amounts of embers and other fire debris. Fire-Resistive Plant Species Those plant species that don't readily ignite from a flame or other ignition sources. Fire Road shall mean those improved or unimproved roads, public or private, that provide access for firefighting equipment and personnel to undeveloped areas. Occupancy Classification is modified to include: [BG] Factory Industrial F-1 Moderate-hazard occupancy is amended to add to the list of moderate-hazard factory industrial groups the following: Agricultural crop production including cultivation, drying, processing and /or storage. Pre-Plans shall mean detailed plans of target hazard buildings. These pre- plans include information on the building's location, occupancy, hazards, fire department connections and hydrants, building layout, and other pertinent data that would assist the fire department in case of an emergency. Private Roadways A road owned and maintained by a private individual organization, or company rather than a government agency. 19 Public Storage Facility shall mean any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration. Spark Arrestor shall mean a chimney device constructed in a skillful-like manner. The net free area of a spark arrestor shall not be less than four times the net free area of the outlet of the chimney. The spark arrestor screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Opening shall not permit the passage of spheres having a diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. Substantial Remodel shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings. Temporary shall mean any use for a period of less than 90 days, where not otherwise referenced. Tent A structure, enclosure, umbrella structure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects. Umbrella Structure A structure, enclosure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by a central pole. (See "Membrane Structure" and "Tent") Unwarranted Alarm shall mean the giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists. CHAPTER 3: GENERAL REQUIREMENTS Section 302.1 in Chapter 3 is hereby amended to add the following: 1.5 Public Storage Facility Section 307.4.4 is hereby added to Chapter 3 and shall read as follows: Section 307.4.4 Exterior Fire Features. Exterior fire features, commonly used in landscape modifications or enhancements, shall be surrounded by hardscape one and a half times the height of the flame and located ten (10) feet from the structure. All exterior fire features shall be sourced by natural gas. Section 317.4.4 is hereby added to Chapter 3 and shall read as follows: Section 317.4.4 Maintenance Agreement. Upon the approval of a rooftop garden or landscaped roof, the fire official shall require a signed memorandum, constructed by the District, as a Maintenance Agreement for the proposed roof. The agreement shall require that the vegetation selected does not display any fire-prone characteristics, including, but not limited to, oil secretion and debris retainment. The agreement shall require that in any instance the vegetation is deemed by the Fire Official as unmaintained, dead, or hazardous to life and safety standards, all vegetation shall be removed from the roof surface and a Class A roof covering shall be installed post-removal. The Maintenance Agreement is required to be returned to the Fire Official and shall be on record for the duration of the existence of the rooftop garden or landscaped roof. Section 319 of Chapter 3 is deleted in its entirety. Section 321 is hereby added to Chapter 3 and shall read as follows: Section 321 Public Storage Facilities Section 321.1 General. Public Storage Facilities shall comply with the provisions of this section. Section 321.2 Location on Property and Fire Resistance of Exterior. All public storage facilities shall meet the minimum requirements for setback from property lines or fire resistive construction as set forth in Table 602 of the Building Code for Group S, Division 1 occupancies. Section 321.3 Fire Apparatus Access. All public storage facilities shall have fire apparatus access roads provided in accordance with Section 503. Section 321.4 Storage of Flammable and Combustible Liquids and Hazardous Materials. The storage of hazardous materials or flammable or combustible liquids in public storage facilities is prohibited. Such facilities shall post legible and durable sign(s) to indicate same in a manner 16 and location(s) as specified by the Fire Code Official. This section shall apply to new and existing public storage facilities. Exception: Only those quantities of flammable and combustible liquids necessary for maintenance of the facility may be stored by the facility management per Chapter 57 of this code. CHAPTER 4: EMERGENCY PLANNING AND PREPARDNESS Section 401.1.1 is hereby added to Chapter 4 and shall read as follows: Section 401.1.1 Hazardous Occupancies. In occupancies of a hazardous nature, where access for fire apparatus is unduly difficult, or where special life and fire safety hazards exist as determined by standards or policies of the Southern Marin Fire Protection District, that facility or business management shall be required to develop and implement an Emergency Response Plan, provide for an on-site Emergency Response Team Emergency Liaison Officer, staff training and fire drills in accordance with Sections 405 and 406 and standards developed by the Southern Marin Fire Protection District. Section 401.3.2.1 is hereby added to Chapter 4 and shall read as follows: Section 401 .3.2.1 Unwarranted Alarm Notification. Notification of emergency responders based on an unwarranted alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and administrative costs, incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification. Section 401.3.2.2 is added to read as follows: Section 401.3.2.2 Multiple Unwarranted or Nuisance Alarm Activations. Any occupancy that has more than 3 unwarranted or nuisance alarms causing emergency response within a 12-month period may be required to modify, repair, upgrade or replace their system and or monitoring station as determined by the Fire Code Official. Section 402.1 of Chapter 4 is hereby amended to add the following: Pre-Plans Unwarranted Alarms 17 Section 403.1.1 is hereby added to Chapter 4 and shall read as follows: Section 403.1.1 Pre-Plans: When required by the fire code official, pre- plans shall be developed for target hazard buildings according to the written standards developed by the authority having jurisdiction. Section 403.10.1.4 is hereby added to Chapter 4 and shall read as follows: Section 403.10.1.4 Emergency Preparedness for Hotels, Lodging and Congregate Houses. Hotels, lodging and congregate houses shall provide guests with immediate access to a<telephone to report emergencies. The exit diagram shall indicate the location of the nearest telephone and instructions to dial 911. CHAPTER 5: FIRE SERVICE FEATURES Section 501.5 is hereby added to Chapter 5 to read as follows: Section 501.5 Failure to Comply. Failure to comply with this section upon written or verbal notice from the Fire Chief, Division Chief/Fire Marshal or his/her designee shall result in a Fire District order to cease operations and desist further operations until such time as adequate access and/or water for fire protection is provided. Section 502.1 of Chapter 5 is hereby amended by adding the following term(s): Fire Road Section 503.1. of Chapter 5 is hereby amended as follows: Section 503.1 Where Required. Fire Apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.5. Section 503.1.4 of Chapter 5 is hereby added to read as follows: Section 503.1.4 Undeveloped Areas. Fire Apparatus Access Roads, improved or unimproved, shall be provided for firefighting equipment, apparatus and personnel to undeveloped areas of the Southern Marin Fire Protection District so as to gain access to improved, unimproved, and undeveloped areas of the Southern Marin Fire Protection District in a manner approved by the Fire Code Official. Any vehicle or other obstructions may be towed away at the owner's expense. Section 503.1.5 of Chapter 5 is hereby added to read as follows: ` is Section 503.1.5 Aerial fire apparatus access. Buildings or facilities exceeding 30 feet or three stories in height, approved aerial apparatus access roads shall be provided. For the purposes of this section, the highest rood surface shall be determined by the measurement to the eave of the pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. Section 503.1.5.1 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. Section 503.1.5.2 Proximity to building. One or more of the required access routes meeting this condition shall be located not less than 15 feet and not more than 30 feet from the building and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. Section 503.1.5.3 Obstructions. Overhead utility and power lines shall not be located over the aerial fine apparatus access road or between the aerial fire apparatus access road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. Section 503.2.6.1. is hereby added to Chapter 5 and shall read as follows: Section 503.2.6.1 Evaluation and maintenance. All existing private bridges and elevated surfaces that are a part of the fire department access roadway shall be evaluated by a California licensed civil engineer experienced in structural engineering or a California licensed structural engineer, for safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual: "The Manual for Bridge Evaluation," Second Edition, or other approved standard. Vehicle load limits shall be posted at both entrances to bridges. All bridges and elevated structures providing fire department access shall be routinely maintained in accordance with Section 503.2.6 or when directed by the fire code official or authorized designee. Section 503.4 of Chapter 5 is amended to read as follows: Section 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shah not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in sections 503.2.1 and 503.2.2 shall be maintained at all times. Any vehicle or other obstruction may be towed away at the owner's expense. 19 Section 503.4.2 is hereby added to read as follows: 503.4.2 Prohibition on Vehicular Parking on Private Access ways. If, in the judgment of the Fire Code Official, it is necessary to prohibit vehicular parking along private access ways serving existing facilities, buildings, or portions of buildings in order to keep them clear and unobstructed for fire apparatus access, the Fie Code Official may issue an Order to the owner, lessee or other person in charge of the premises to paint the curbs red or install signs or other appropriate notices to the effect that parking is prohibited by Order of the Fire Department. It shall thereafter be unlawful for such owner, lessee or other person in charge of the premises to fail to install, maintain in good condition, the form of notice so prescribed. When such areas are marked or signed as provided herein, no person shall park a vehicle adjacent to any such curb or in the private access way contrary to such markings or signs. Any vehicle so parked in the private access way may be towed away at the expense of the owner of the vehicle. Section 503.6.1 is hereby added to Chapter 5 and shall read as follows: 503.6.1 Width. All gates shall open fully to provide an unobstructed passage width of not less than 16 feet or a minimum of two feet wider than the approved net clear opening of the required all weather roadway or driveway and a minimum net vertical clearance of 15 feet. Section 503.6.2 is hereby added to Chapter 5 and shall read as follows: Section 503.6.2 Electronic Gates. All electronic operated gates shall have installed an approved key switch override system mounted on a stanchion or wall as approved by the Chief in accordance with Standards/Policies adopted by the Fire Code Official. All electronic or motorized gates shall incorporate in their design the means for fast, effective manual operation of the gates in the event of power or mechanical failure (i.e., easily removable hinge pins for separating power linkage from gates; undercut, weakened or frangible members requiring 40 pounds or less pressure against the gates to cause their failure and the gates to open. All electrical wiring and components of motorized gates shall be UL listed and installed in accordance with the National Electric Code. Section 506.1 of Chapter 5 is hereby amended to read as follows: Section 506.1 Key Entry Systems. When access to or within a structure or, an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes or in commercial structures that have an automatic fire sprinkler or fire alarm system installed, the Fire Code Official is authorized to require a key entry system to be installed in an approved location. The key entry system shall 0 be of an approved type listed in accordance with UL 1037, and if it is a box shall contain keys necessary to gain access as required by the Fire Code Official. Section 507.5.1 of Chapter 5 is hereby amended by deleting exceptions 1 and 2 and shall read as follows: Section 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 350 feet 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. Section 507.5.1.1 of Chapter 5 is amended to read as follows: Section 507.5.1.1 Hydrant for fire department connections. Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant within 100 feet of the fire department connections, or as approved by the fire code official. (Also see Section 912.2). Section 507.5.7 is hereby added to Chapter 5 and shall read as follows: Section 507.5.7 Fire Hydrant Upgrades. When additions or modifications to structures are made, the nearest fire hydrant (if a new one is not required) located by the Fire Code Official, shall be upgraded to the minimum standard of one 4 1/2" outlet and one 2 1/2" outlet for single family dwellings and the minimum standard of one 4 1/2" outlet and two 2 1/2" outlets for commercial structures. Exception: If the cost of upgrading the fire hydrant exceeds 2% of the cost of the project based on the building permit valuation. Section 5 10.1 of Chapter 5 is hereby amended by deleting Exception 1. CHAPTER 9: FIRE PROTECTION AND LIFE SAFETY SYSTEMS Section 901.7 of Chapter 9 is hereby amended by adding the following sentence: Section 901 .7 Systems out of Service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall be either evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire 21 protection system has been returned to service. This section shall also apply to residential fire sprinkler systems. Section 903.2 of Chapter 9 is repealed in its entirety (with the exception of sub- sections 903.2.5, 903.2.6, 903.2.8, 903.2.11, 903.2.12, 903.2.14, 903.2.15, 903.2.16, 903.2.17, 903.2.18, 903.2.19, 903.2.20 which shall remain in effect). Section 903.2 of Chapter 9 is hereby added to read as follows: Section 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings shall be provided in the locations described in this section. Section 903.2.1 through 903.2.4 of Chapter 9 are hereby added to read as follows: Section 903.2.1 Required installations. An automatic sprinkler system shall be installed and maintained in all newly constructed buildings or structures. Exceptions: 1. Detached pool houses, workshops, Group U private garages, barns and similar structures, built in conjunction with existing non-sprinklered single family residences and provided the new structure is less than 1,000 square feet and is not intended for use as a dwelling unit. 2. Detached non-combustible, limited combustible, or fire- retardant treated wood canopies. 3. Group B or M occupancies less than 1000 square feet. 4. Detached restroom facilities associated with golf courses, ball fields, parks and similar uses as approved by the Fire Code Official. 5. Agricultural buildings as defined in Appendix C of the Building Code and not exceeding 2000 square feet, having clear unobstructed side yards free of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height, located within an agricultural zoned district as defined in the Marin County Planning Code. Section 903.2.2 Additions and Alterations. An automatic sprinkler system shall be installed in all buildings in excess of 3,000 sq. ft. which have ten percent (10°/ ) or more floor area added within any 36-month period. Section 903.2.2.1 Substantial Remodel. An automatic sprinkler system shall be installed in all buildings which have fifty per cent (50%) or more 22 floor area added, or any "substantial remodel" as defined in this code, within any 36-month period. Section 903.2.3 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the-California Residential Code. An automatic sprinkler system shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with 'Title 25 of the California Code of Regulations. Section 903.2.4 Change of Occupancy or Use. For any change of occupancy or use, when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official, including but not limited to conversion of buildings to single family residences, accessory dwelling units, bed and breakfast, inns, lodging houses or congregate residences or other similar uses, an automatic sprinkler system shall be installed throughout. Section 903.3 of Chapter 9 is hereby amended by adding the following thereto: The requirements for fire sprinklers in this code section are not meant to disallow the provisions for area increase, height increase, or Fire-Resistive substitution if otherwise allowed by sections 504 and 506 of the 2019 California Building Code. All automatic fire sprinkler systems shall be installed in accordance with the written standards of the Fire Code Official and the following: a. In all residential buildings required to be sprinkled any attached garages shall also be sprinkled, and except for single family dwellings, in all residential occupancies the attics shall be sprinkled. b. In all existing buildings, where fire sprinklers are required by provisions of this code, they shall be extended into all unprotected areas of the building. c. All single-family dwellings in excess of 5,000 square feet shall have automatic fire sprinkler systems designed in accordance with NFPA Standard 13 or 13R. d. All public storage facilities shall have installed an approved automatic fire sprinkler system. An approved wire mesh or other approved physical barrier shall be installed 18 inches below the sprinkler head deflector to prevent storage from being placed to within 18 inches from the bottom of the deflector measured at a 23 horizontal plane. Section 903.3.9 of Chapter 9 is hereby amended by replacing item 2 with the following: Section 903.3.9 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed 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 above the lowest level of fire department vehicle access. 2. Buildings that are two or more stories in height. �. Buildings that are two or more stories below the highest level of fire department vehicle access. Exception: Group R-3 and R-3.1 occupancies floor control valves and waterflow detection assemblies shall not be required. Section 903.6.1 of Chapter 9 is hereby added and shall read as follows: Section 903.6.1 Application. In all existing buildings, when the addition of automatic fire sprinklers is required by the provisions of this code, automatic fire sprinklers shall be extended into all unprotected areas of the building. Section 904.12 is amended to read as follows: Section 904.12 Commercial cooking systems. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, NFPA 96. and an automatic fire extinguishing system that is listed and labeled for its intended use as follows: 1. Wet chemical extinguishing system, complying with UL 300 2. Carbon dioxide extinguishing system. 3. Automatic fire sprinkler systems. All existing dry chemical and wet chemical extinguishing systems shall comply with UL 300. Exception: Public school kitchens, without deep-fat fryers, shall be upgraded to a UL 300 compliant system during state-funded modernization projects that are under the jurisdiction of the Division of the Shite Architect (DSA). 24 All systems shall be installed in accordance with the California Mechanical Code, NFPA 96, appropriate adopted standards, their listing and the manufactures' installation instructions. Exception: Factory-built commercial cooking recirculating systems that are tested, listed, labeled and installed in accordance with UL 710B and the California Mechanical Code and NFPA 96. Section 906.11 is hereby added to Chapter 9 and shall read as follows: Section 906.11 Fire Extinguisher Documentation. The owner and/or operator of every Group R Division 1 and R Division 2 occupancies shall annually provide the Chief written documentation that fire extinguishers are installed and have been serviced as required by Title 19 California Code of Regulations when such extinguishers are installed in residential units in lieu of common areas. Section 907.2.12.1.2 of Chapter 9 is hereby amended by adding new subsection 3 to read as follows: 3. Duct smoke detectors shall be capable of being reset by a readily accessible, remote push button or key activated switch as approved by the Fire Code Official. Section 907.6.6 is hereby amended to read as follows: Section 907.6.6 Monitoring. New and upgraded fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved Central Station in accordance with NFPA 72 and this section. Exception: Monitoring by central station 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. Section 907.8.5.1 of Chapter 9 is hereby added and shall read as follows: Section 907.8.5.1 Smoke Alarm Documentation. The owner and/or operator of every Group R Division 1, Division 2, Division 3.1, and Division 4 Occupancies shall annually provide the Fire Code Official with written documentation that the smoke alarms installed pursuant to the Building 25 Code have been tested and are operational. If alarms are found to be inoperable or are missing, such alarms shall be repaired or replaced immediately. CHAPTER 11: CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS Section 1103.1 of Chapter 11 is hereby amended to read as follows: Section 1103.1 Required Construction. Existing buildings shall comply with not less than the minimum provisions specified in Table 1103.1 and as further enumerated in Sections 1103.2, 1103.7 through 1103.8.5.3, 1103.9.1, and 1103.10. The provisions of this chapter shall not be constructed to allow the elimination of fire protection systems or a reduction in the level of fire safety provided in buildings constructed in accordance with previously adopted codes. Exceptions: 1. Where a change in fire-resistance rating has been approved in accordance with Section 501.2 or 802.6 of the California Existing Building Code. 2. Group U occupancies. Sections 1103.2 Item #1 is deleted. Sections 1103.3 through 1103.6.2 are deleted. Sections 1103.9 is deleted. Sections 1104 and 1105 are deleted. CHAPTER 26: FUMIGATION AND INCECTICIDAL FOGGING Chapter 26 is deleted in its entirety. CHAPTER 33: FIRE SAFETY DURING CONSTRUCTION Section 3313.3 of Chapter 33 is amended by adding the following to the end of the exception: 26 Exception: Standpipes shall be either temporary or permanent in nature, and with or without a water supply, provided that such standpipes comply with the requirements of Section 905 as to capacity, outlets and materials, as approved by the Fire Code Official. Section 3314.3 in Chapter 33 is added to read as follows: Section 3314.3 Where required. In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding two stories in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. Section 3314.4 of Chapter 33 is added to read as follows: Section 3314.4 Buildings being demolished. Where a building is being demolished and an automatic sprinkler system is existing within such a building, such automatic sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished. Section 3314.5 of Chapter 33 is added to read as follows: Section 3314.5 Detailed requirements. Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903. CHAPTER 49: REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS Section 4902.1 of Chapter 49 is amended to read as follows: WILDLAND-URBAN INTERFACE FIRE AREA. A geographical area identified by the Southern Marin Fire Protection District as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires, as designated on the map titled Wildland- Urban Interface Fire Area, dated Section 4906.2 of Chapter 49 is amended to read as follows: 2% Section 4906.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including: 1.1. Moderate Fire Hazard Severity Zones. 1.2. High Fire Severity Zones. 1.3. Very-high Fire Severity Zones. 2. Land designated as Very-high Fire Hazard Severity Zone by cities and other local agencies. 3. Land designated as Wildland-Urban Interface Fire Areas by cities and other local agencies. Section 4907.1 of Chapter 49 is amended to read as follows: Section 4907.1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title 14 Division 1.5, Chapter 7, Subchapter 2, Section 1270. Buildings and structures within the Very-high Fire Hazard Severity Zones of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code 51175-51189 and any local ordinance of the authority having jurisdiction. Buildings and structures within the Wildland-Urban Interface Fire Area of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in the Government Code Sections 51175-51189 and local standards of the authority having jurisdiction. Section 4907.2 of Chapter 49 is hereby added and shall read as follows: Section 4907.2 Fire Hazard Reduction. Any person who owns, leases, controls or maintains any building or structure, vacant lands, open space, and/or lands within specific Wildland Urban Interface areas of the jurisdiction of the Southern. Marin Fire Protection District, shall comply with the following: 1. Cut and remove all fire prone vegetation within 30 feet of structures, up to 150 feet when topographic or combustible vegetative types necessitate removal as determined by the Fire Code Official. 28 2. Remove accumulated dead vegetation on the property. 3. Cut and remove tree limbs that overhang wood decks and roofs. 4. Remove that portion of any tree which extends within 10 feet of any chimney or stovepipe, roof surfaces and roof gutters S. Clean any leaves and needles from roof and gutters. 6. Cut and remove growth less than 3-inches in diameter, from the ground up to a maximum height of 10 feet, provided that no crown shall be raised to a point so as to remove branches from more than the lower one-third of the tree's total height. 7. Vegetation clearance requirements for new construction and substantial remodels in Wildland-Urban Interface Areas shall be in accordance with the 2018 International Wildland-Urban Interface Code, as amended by the Southern Marin Fire Protection District 8. Clearance of flammable brush or vegetative growth from fire access road or driveways. The fire code official is authorized to require, within 10 feet on each side and 15 feet in height of highways, streets, fire apparatus roads and driveways, to be abated of flammable vegetation and other combustible growth. EXCEPTION 1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers, provided they do not form a means of rapidly transmitting fire from the native growth to any structure. EXCEPTION 2: When approved by the Fire Code Official, grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize soil and prevent erosion. Section 4908 of Chapter 49 is hereby added and shall read as follows: Section 4908 Fire Hazard Reduction from Roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 cm) on each side of portions of highways, fire apparatus access roads (improved or unimproved), and driveways (improved or unimproved), which are improved, designed, or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. 29 Corrective action, if necessary, shall be the same as the actions required in section 4907.2. The Fire Code Official is authorized to enter upon private property to carry out this work. EXCEPTION 1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. CHAPTER 56: EXPLOSIVES AND FIREWORKS Section 5601.1.3 of Chapter 56 Exceptions 1, 2, and 4 are hereby deleted. Section 5608.1.2 of Chapter is added to read as follows: Section 5608.1.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to the performance of any firework display. Application for such approval shall be made in writing no less than twenty (20) days prior to the proposed display. The application shall be considered and acted upon by the fire code official or authorized designee pursuant to this Chapter and Title 19, Chapter 6, Article 3 - Licenses of the California Code of Regulations. Any permit for a fireworks display may be suspended or revoked at any time by the Fire code official or authorized designee. Section 5608.2 of Chapter 56 is added to read as follows: Section 5608.2 Limitations. Possession, storage, offer or expose for sale, sell at retail, gift or give away, use, explode, discharge, or in any manner dispose of fireworks is prohibited within the limits established by law as the limits of the districts in which such possession, storage, offer or exposure for sale, retail sale, gifting, use, explosion, discharge, or disposal of fireworks is prohibited in any area as established by applicable land-use and zoning standards. Exception: Firework displays authorized pursuant to section 5608.1 for which a permit has been issued. 30 APPENDIX B: FIRE-FLOW REQUIREMENTS FOR BUILDINGS California Fire Code, Appendix B Table B 105.1.(1) is amended to read as follows: TABLE B105.1(1) REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES IRE-FLOW AUTOMATIC SPRINKLEIRMINIMUM FLOW DURATION ALCULATION SYSTEM IRE-FLOW (hours) AREA (Design Standard) (gallons per (square feetminute) -3,600 No automatic sprinkler system 1,500 ,601 and greaterNo automatic sprinkler system Value in Duration in Table Table BIOS.1(2) 105.1(2) at The required fire- ow rate -3,600 Section 903.3.1.3 of the 1,000 1 California Fire Code r Section 313.3 of the California Residential Code 3,601 and greaterSection 903.3.1.3 of the 1/2 value in Duration in Table California Fire Code Table B105.1(2),, BIOS.1(2) at r Section 313.3 of the The required fire- California Residential Code flow rate For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire flow shall be not less than 1,000 gallons per minute. Appendix B Table B105.2 is amended to read as follows: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC MINIMUM FIRE- FLOW DURATION SPRINKLER SYSTEM FLOW (hours) (Design Standard) (gallons per minute) No automatic sprinkler Value in Table Duration in Table B105.1(2) system B 105.1 2 Section 903.3.1.1 of the 50% of the value in Duration in Table B105.1(2) at California Fire Code Table 13105.1(2)a the reduced flow rate Section 903.3.1.2 of the 50% of the value in Duration in Table B 105.1 2 at 31 California Fire Code Table B105.1reduced flow rate For SI: 1 gallon per minute = 3.785 L/m. a. The reduced fire flow shall be not less than 1,500 gallons per minute. APPENDIX C: FIRE HYDRANT LOCATIONS AND DISTRIBUTION Section C103.1 of Appendix C is amended to read as follows: Section C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.I. Where more than one fire hydrant is required, the distance between required fire hydrants shall be approved by the fire code official. Section C103.2 of Appendix C is deleted. Section C103.3 of Appendix C is deleted. INTERNATIONAL WILDLAND-URBAN INTERFACE: APPENDIX A Section A104.7.2 of Appendix A of the International Wildland-Urban Interface Code is amended to read as follows: Section A104.7.2 Permits. The Fire Code Official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the Fire Code Official. Section A104.11 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.11 - Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across hazardous fire areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause a fire shall not be fired or projected into or across hazardous fire areas. Section A104.12 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.12 APAIRIES. Lighted or smoldering material shall not be used in connection with smoking bees in or upon hazardous fire areas except by permit from the Fire Code Official. 32 SECTION 12. AUTHORITY TO ARREST AND ISSUE CITATIONS The Fire Chief, Chief Officers, Fire Marshal, Deputy Fire Marshal, and Fire Inspectors shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. It is the intent of the Board of Directors of the Southern Marin Fire Protection District that the immunities provided in Penal Code Section 836.5 be applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter. SECTION 13. PENALTIES A. Violations of the Fire Code as adopted herein are misdemeanors/infractions and are subject to the penalties set forth herein. B. If a criminal citation is issued, penalties shall be per Section 109 of the California Fire Code and 109.4, or 111.4 of Section 11 of this ordinance. If an administrative citation is issued, the penalties are as follows: 1. The first citation, within a 12-month period, for violations of the Fire Code and any amendments adopted herein, shall be treated as a Civil Penalty payable directly to the Southern Marin Fire Protection District and is set at $250 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Southern Marin Fire Protection District. Said civil penalties shall be a debt owed to the District by the person responsible for the violation within thirty (30) days after the date of mailing of the citation unless an appeal is filed as provided in Section 14. Upon failure to pay the civil penalty when due, the responsible person shall be liable in a civil action brought by the Southern Marin Fire Protection District for such civil penalty and costs of the litigation, including reasonable attorney's fees. 2. Any subsequent citations within a twelve (12) month period for any violations of the Fire Code and any amendments adopted herein shall be nlisdemcanors/infractions and shall be subject to the penalties set forth herein. 3. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or 33 remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that a violation occurs or continues after a final notice has been delivered, shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions. 4. Nothing contained in Subsections (a) through (e) of this Section shall be construed or interpreted to prevent the Southern Marin Fire Protection District from recovering all costs associated with a Fire District response as described in Section 104.12 of the 2019 California Fire Code as amended. 5. Any violation of any provision of this Chapter shall constitute a public nuisance and shall entitle the Southern Marin Fire Protection District to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by special assessment to be collected by the County Tax Collector as more particularly set forth in Government Code Section 38773.5. At least thirty (30) days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Southern Marin Fire Protection District intent to charge the property owner for all administrative costs associated with enforcement of this Ordinance and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this Ordinance and abatement of the nuisance. The property owner may appeal the Chief's decision to the Board of Directors of the Southern Marin Fire Protection District within fifteen (15) days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. In addition to the foregoing, the Southern Marin Fire Protection District is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property, and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney's fees. The provisions of this section shall also apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in section 109.3.2. SECTION 14. APPEALS A. Any person receiving a citation for a civil penalty pursuant to Subsection (b) of Section 13 or a bill for Southern Marin Fire Protection District response costs and expenses pursuant to Section 104.12 of the Fire Code, may file within thirty (30) days after the date of mailing the citation or bill, an administrative appeal against imposition of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief and 34 shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days' advance written notice of the time and place of the hearing. Within ten (10) days after the hearing the Chief shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the decision of the hearing officer. B. Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Directors of the Southern Marin Fire Protection District within 10 days from the date of the decision. The provision of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in various sections of this Code, or to matters for which an appeal is provided pursuant to Section 14 (a) above. SECTION 15. FORMER ORDINANCES All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the Code hereby adopted are hereby repealed. SECTION 16. VALIDITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Board of Directors of the Southern Marin Fire Protection District hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. SECTION 17. ORDINANCE PUBLICATION AND EFFECTIVE DATE A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the Southern Marin Fire Protection District Clerk at least five (5) days prior to the City of Sausalito, City Council meeting at which it is adopted. This Ordinance shall be in full force and effective thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the City Council 35 members voting for or against same, in the Marin IJ, a newspaper of general circulation in the County of Marin, State of California. SECTION 18. CALIFORNIA ENVIRONMENTAL QUALITY ACT The Board of Directors of the Southern Marin Fire Protection District finds that adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA") under California Code of Regulations, Title 14, § 15061(b)(3). 36 The foregoing Ordinance No. 2019/2020-01 was read and introduced at a Regular meeting of the Board of Directors of the Southern Marin Fire Protection District held on the 18th day of September 2019, and ordered passed to print by the following vote, to wit: AYES: Board Members: Chviv, F/et l'IV N;//iard, Perazzo, Wr'//is NOES: Board Members: JJ ABSTAIN: Board Members: ABSENT: Board Members: St. Johne and will Borne up for adoption as an Ordinance of the Southern Marin Fire Protection District at a Regular meeting of the Board of Directors to be held on the 61h day of November 2019. t Nicolette elka, Clerk of the"Board Southern Marin Fire Protection District PASSED AND ADOPTED by the Board of Directors, Southern Marin Fire Protection District, on the 61h day of November 2019, by the following vote: AYES: Board Members: ChuN, Perr4z2o, W1711'S, De Berry , H;/liar»/ NOES: Board Members: ABSTAIN: Board Members: ABSENT: Board Members: St. Johne Attest: Nicolette Melka, Clerk of the Board Ig rt Ch �, resjdent Southern Marin Fire Protection District _,, oat-d olDirectors 36 EXHIBIT 5 CALIFORNIA RESIDENTIAL CODE -- MATRIX ADOPTION TABLE AFP -- EXISTING BUILDINGS AND STRUCTURES (Matrix Adoption Tablas are nonreguiatory, intended only as an aid to the code user. See Chapter 1 for state agency authority and building applications.) Adopting agency BSC �5C- 5 � ___ ---_. _— 9SCC OOH AGR DLT CEC CA SLI SLC pti 9 Y SSI CG 1 2 WAC AC' S5 CC i "R 2 9 4 511 _..._._. ._. l Adopt entire chapter i I Adopt 1ntire chapter a s amender,' ted below) suctions listed vv) Adopt only those sections Tat are listed below j Chapter,•"Section s - _ ) - — ! APPENDIX J EXISTING BUILDINGS AND STRUCTURES The provh'i ns contained in this appendix are no!mandatory Gutless VL'QtL'Ctrtt j%a4pre by a S,,ate agency,or referenced in the ucic�prinl""orfiinanc•e, User note: About this appendix:Appendix J regulates the repair,renovation aiteration and reconstruction,of existing buildings that are within the scope of this code. It is intended to encourage the continued safe use of existing buildings and ensure that new work conforms to the intent of the code and that exiting conditions remain at their current ievei of compliance or are improved. SECTION AJ101 SECTION Q102 PURPOSE AND INTENT COMPLIANCE AJ101,1 General. Ile pars use of these pmAsaiotls is to A,,1Nil Gemma 1.e rr:.iles of the category of work kbQg encotlra e the ;untimed use or reuse o: legally exts wg perfavnfuh the ao:-t stall noi erase the wtmaure to become btuildms and stI ictures. These provisions am intended A unsal of affect ,Y. pGrforlrunce of the tbuiWirlgn perrnit work in existing W[dings that is conshtent with the `hAl not cause sm exi-ti g me drain l or plumbing system to lit:i'pos< of this ends Urnpllams wit tyle provisians Audi tcm r e unsafe, :iai,.S ,i_,> insandtary or C)vw1()sf ech and he dew_:_ed to elect the reyt}irerusr1ts Of i is,abrle.. ?an s, wxpi ssly penna.tcd : tr these provisions, Shall not Ir.Au On cu Ix = my W r o gAwn with this code rn to any AMA Classification of work.For pul cses of this ppen- pre :,.aly ,K Td al€:;ia, Ae a Iltze,Itlents .tail} it was dtx, work.a existing built ngs shall I.-,e classified into tic,..tit- be'of th": work 'va. egodes of repa renovation, i t Iasi n and � ,if is P :�e�la h a carols try U of arko l:cpai s s a Specif . r:dttt!cr,1tI1. amestal?ft.}l�,cr for ceach :<tteyoe, of ���tyo ..�t }ae.;;e 17rot'isiotis. sh«ll cnhtoml to 'he roquitc, -.,cuts of Section AJ4€ 1. Alter- AJ101-3 Niulliple categories ref` wor . Work of mme dun anon. ,twH ..,.tAmn to the cquher.ferus of Sectical. AJ501 one c i€ goy sf.all be pwi of a single ,vork project, Rchwd and On mW}irr:=};;nB for repatin_;s'.. Reconstructions shall work pennAwd within a 12-In-owl;. period `;'tall be em sldered coirlorin to We req ,>cI>_;<: . of Section AJ601 and Te to he a singo work i11'iject. l l"ClL.a protect ir.,i des(ill's can rrfiuirc tenth fo( :iite,t.,tf:),}y, <,rcmavati aill S. in Vork in one building atea kind another cote y of 7 3 �x .� T,. o t m c> work „� , separate and unrelated area W tale bu idin each �;T�It r tr}f e dt to t tett �r�;rdl S� �, t l rc y o_� Yrrojr::<,rua h t<i cornply with the rzdi;l;ernc;dl's of ti:;:°i w.,pec- wur1 �moke t e cuio . s,hal. )e provided v,,hcre rcquired: by 'nve. u .tgor'y of 'lmL tirs�lue a p.€qqu with mom dun one `�t;Cti.;rt l�.)l >..4.;_, catcngoior work is s.IRNmee n the wattle", area or i:: .t Wed AJfCl14 Repla�mment �windows. Rega(diess o the category areas _f the building, the p utast shall ,cornply wid, tie of wok, Wlt N an cWting window, including, the sash and of the rn am st7 n era cm Cit of work, ;hazed "Cmlow or salky ou ng 4 i'£'oacel dw r'eplacetl ut 2019 CEx.€_If ORMA RESMENVAL CODE 561 EXISTING BUILDINGS AND STRUCTURES wfrOow(W safety glazing drall arnTly, with the reqwremems Q H12A Equivalent afternatives.'Work perAmied in alcor of Sections AJ I 02A I trough AJ 102,4,4, as applicable. dance with the Ca!,re)rniai Bu: (tin Code shall be ABOICI Eneqy effk1ency. Replacement whAows Awmed U) comply with We prnimis of 1% appcndix 051 comply with Me requirements of C.haipter 11, Tlhese hero sins am not MWn&d w 1wevaH We un ,T aily alternative material, alternative design ()r nhernative Inothod AJ102.4,2 Safety glazing. Replacement glazing in han of co,mmction nor speclicAy pmaribed hu6n, provided udcws locations sl M! comply with the salty gJazing that any alternate ve has heen clecrncel to be equivalent.in-id its requIrerownts of Section 1130,1. use authorized by the llhouibdjn,, official. A,1102.4.3 Emergency escape and rescue openings. AJ102.7 CMwr ahenwHve& Whwr complince vidth hese MIhav windows sac required u)provide enwrVency escape provisions or%vith this code as required by these IN-ovisions is and rescue 'Tonings, replacement windows shat? he techrricAly infeasible o, vvouJd hrip0,C s disp-_,)pi costs orti) -,natc, cxelripl Froin the maximum sill h6ght requirern.crits of Sec- because of construction or dilnensional, difficultics: the build- 6on 103](112 and the requirements of Sections R31al1. ing offichal shU have Me autMHV to aTeM ahenmivm, and R3 11113 provided that the replacement window meets ITiese alternatives include inatcrials, (Jesign features and the following Conditions: cTuMional features, 1. The ieplacernerit windmv is the manufacturer's larg- AJ102,8 Nlore restrictive requirements. Buildings, or sys- est standard size window that will fit within the terns in compliance with the icquiretuents of this codle ior existing frame or elahg rmyh openQ The new construction AA1 not be required t{l complo, wiyon any rep lacernern window shall be permitted to be,of the more restrictive requilenlew of then,p.rovis'ions, , spine operating, style as the existing window or a AJ1019 Features exceeding code requirements.Elements: style that provides to,,.- an equal of greater window components and sl sicnis of exisuncz., buildor�:s with fidaoiues open ing area Man the existing window, that exceed the; requirements or ihis code fcc rre�: coDstRIC- 2. The replacement vinclow is not put or a change of tion,and me not othumise reqWred as part of approved alter- occupancy. nwWe anangemems or kerned by the buflIng offnit to be 1 Window, opening control devices complying mrith required to bahmce other bel ding elements ruA mu lying A STIVI F2090 shall be pennined for use on windows with this code for new construciion,shall not he pre verind by required to provide emugerwy escape and rescue. theseprovisiorrB Dom bein irioditoed as long Lis they remain opetrings, in compliance with the applicable requacnients for nev con- struedon. AJIMIC4 MAndlow confrol devices. Where window fall prevention devices compl)ing with ASTM F2090 are not provided, ,kindovy, opiernorg control devices complying SECTION AJ103 with ASTIM F2090 shall be installed where in existing PRELIMINARY MEETING "ji-rdow is moaced and where all of Me following qVQ to AJH11l f1en"al. if a building � p,.ernu, is required it the We w0acemenr. w1dorcv: request o: the, [N-OSpWiVe permit applicam) the offi- 1, .the windlow iti operable, dal or his or her desigme Ball awo "Wh We pmsywWvc Nolicatit to d6cuss plans My any proposed work under !hese 2, 'I'lic vjndf­,v replacement include.s 1cpJacenient of ptnoviAwn Qw to the alThcakm in 1 penrij jbqwqww We sash and the fhane. of this prelinnnar� nicenng k Aw to buHln-u oHkial b,pain 3The top o,[ the sill of Ow window opening is at a an mWasininAng of the prospective ajpphca,,It iritentic! is for I J Me proposed wo& and to deturnine, uVeAcy wuh K py- c-ght less than 24 Kches (610 rum) above the IK islied fhxx spective applicant, the _ uf' thesc, 1,rovi- 4. The w0dow all-,pen-n-it openings that\�ill allm.N,pas- s i o n,s. saps of a Tholvdiarrictec (I 102 nun)sphere wdhere the r SECTION Ad-104 .vindow is in its larges:,,.!pened positio 5. Ile verivical clAwme frmn the wp of We sill of We EVALUATION OF AN EXISTING BUILDING vindo,,v opening, to We 5bqwd ga& cc oer sm- AJMT1 (Jennal. 'Be h±Wbg oAkQl Awl] han We fave bdow,on to eximiar of Me building, is greater atrihorit.y to require, an uxisiirig building, to be, Jnvcsi:r_,.ncd than 72 mches(1829 inni). and evaluated by a teeicle?ed Je�,ign in 0, case The window opening comRq devic, after (Termion to of proposed reconsin-uKon of arl padm tH a hAWKy 'Be release the, coln-ol device alllowim� the to fidly evaluation shall determine the(..\isjeni,�c ""f an�,- p.,oicntia� rioli­ itce tire imus num net clear opening wua C these,prwvkions, arul shall movicc ii bL�,s Ica open, shal I not red, onjorulities to of the wirrdwx unit, dmunthmg we Spa 4 to pmps, chani gn pn 0, pa- tonnance of the building.The cvalt!mimi shall use the 1 low-. AMIS FMod hazard romm. Work perforarml in existing Kg sonces of infonnation.a,applicahP hiNdirigs located in a flood hwarxi area as mulhAwd by 1. AnAlk docurnen(mion of the oxisting hudding, ]ANe R3(;L2(1) hall be subjiuct io the Provisions of section Fwldswveye. 582 2M9 CAUFORNIA RESIDENTIAL CODE EXISTING BUILDINGS AND STRUCTURES Vests hionc_c structive and destructive), tivzotion foes not involve. reconfiguration, of spaccs interior 1.3. Laboratory analysis. and x ei or painting are not considered nJillishinL for pur poses of this definil m,and are not renovation. Exception: Det.iched one- or two-family dwellin s that aIVO not irregular buildings under$eche 11 R 01) 2.3.?.5 and EPA. 1 le f-itc t n±g,restoration or»ninon replacement of arc. not tult:leritoina,in cxtcn,lvc rt�,cr.>nst;ucuon,>,Irall not tic rriatcrr<rls, elc�_l�nts, components, equipment or fixtures for required to be evaluated. the; purposes of niaimaining those materials, elements, cOlu- p011el.tS, equipment or fixtures m good or sound condition. WORK AREA. 1`hat portion of a building affected by any SECTION AJ105 C1,ovation, alteration or reconstruction work as initially PERMIT iritenlded by the owner and indicated as such in the permit. A;l105.1 Identification of'Nvork area.I lne% 01'k area shall be 1°;oils arca excludes other portions of the building where inci- clearly identified oil the permits issued under these provisions. dental work entailed by the intended work must be per- forn,ed, and portions of the building, where work not initially, intended by the owner is specifically required by these provi- CTION AJ201 sions for a renovation,alteration or reconstruction. DEFINITIONS AJ201.1 General, Icor purposes of this appendix, the terms used are defined as follows. REPAIRTIG l�S ALTERATION.'nie reconfiguration of any spice;the addli tion or elimination 0f any door or window; the reconfigure A f 3f}1.lIuteri ah #:xcept as otherwise required herein, tion or extension of any systerrl; or €he installation, of any work shall he done losing like materials or materials permitted additi ins]eguiprnent, by this code for now construction. CATEGORIES O WORK. 'The nature and extent of con- A,1301,1.1 Hazardous�rnater°isle.Hazardous materials x10 struction work undertaken in an existing building. The cate ion2c;r permitted, such as asbestos and lead-based paint, gories of work covered in this appendix,listed in incic_lsinp stall not be used. order of strincn}' of requirements, are repair, renovation, AJ301.L2 Plumbing materials and supplies. The fol- alteration and reconstruction, lowing plu nhing materials and supplies shall not be used: DANGEROUS. Where the stresses in any member, the con- 1. All-purpose solvent cement, unless listed for the dition of the building,0r any 0f its c0mponerrts 01'elements or specific application. attachments; or other condition that results in all overload 2. Flexibl, traps and tailpieces, unless listed for the exceeding 150 percent of the stress allowed for the rrtelliber specific application or material in this code. 3. Solder having more than 0.2-percent lead in the EQUI'll"IMENT OR FIXTURE, Any plunihim,_ healing, repair cgf potable water systems, electrical. ventilating, =rot'-ctrnJitionin�z, rel`rigGt urns and fire. protection equipment, and elevators, dumb waiters, hoilcrs. J3f#1 Water closets. �'11ere any water closet is replaced pressure vessels, tinct other mcc�hanical facilities or instl.dla_ ,;ith newly :aanul"aeture.d water closet, the replacc.rnnt I vv,oet Joset shad comply with the regairerneuts of Section tions that are related t0 building services. MATERIALS RIALS AN-D ill,I IICyI?S REsQUIRE NI N E'& Triose requirements in this code that specify i1 alert ll n �j i€tf i pori tt ictal. Repair or replacement of existing e.lec dards, lentils of installation and ccri„ctuln;j<finis; pent.trl tri:: l ,vnim amp d;quipmcntundergoingrepairwithlikemate- tions; and COntinLlit}'Of anV elt'11'1int.t ?rut)( laerlt or 5 siCnl ill ria' Shall he perlaitted. the huilding. The re_gnired quautily, reSistnnCe. flame I?xceptions: spread_ acoustic or thernrntll Im-lornllnce, or other perior- I cl,l.a.:.rnet,t of lectrical receptacles shah comply needle s requirement,,'. is nt,ccii`icctliv exclude(] ficial nlatcritils .nal v�;ith tl:;;requirements of C mpt:ers 34 through 43, ta,ethnds reguirenlent4 11jug l sof the Edison-base vpc shall lie used for RECONSTRUCTION. �he rcconfigarat:or of a space thatl, ret ' ";leII ,acCts only wghei [here; s not evidence- of affects an exit,a renovation on a.tera`ion where the work a ea o fil'in, or, tamper lit; EXISTING BUILDINGS AND STRUCTURES SECTION AJ401 WON area AMH cw"ly with We awwril and melods RENOVATIONS reMdrennems of Chgaus 34 Irmgh 43, 150401-1 Niaterials and luethods. The work shadl cotallly Exception. Elek:(lical cquiln-nen." and wiring in newly with Inc materials aid methods re(ILlarlYlaltS of thiS Code. installed partitions and calitys 501 mm"y with the AJUI-2 Dow and window dhnensiul& NTinor oducliorts applicable requiienlents ofl'Chaptcrs 34 through,43, in the calcar op ring dirnensions of replacement doors and AJN 132 Electrical service.,Service tea (lie ljl)jt windows tat result from the use of diflAmu match b qqM hall he am 00 MHn 100,nnpefe, capacity and be allowed,whether or not they are permiued by this codesurya ice aquipmont sh"111 he dcod ;row ha,,ing n,,--,,, 1k par n; A,1401.3 Interior finish. Wood I)anding and textile wall CXpOWd that COUld allow accidental contact, 'rype -S- covCring." used as, an interior filli I sh shall comply v';idi the ruses MwH be KmAled whore' Q mfutment A used. dame spread reqWwrnents of Smimn R3019, Exception: Ex4ting service of 60 ampere, th-ce-wire AJOIA VirtubirW. UnwinKnved mnsomy blk&Vs cqmcity, and feeders of 3{t ampere or larger two- or knawd in SdNMk Design Category 1), or E shallhmv paw thwe-win capwily AdHw amywd if a&qnw for the pet hra6ng and will] anchors insialled at the roodine %vhen- elcctrical load heian-,Served, ewr a mulo&g permit is Awe? Such punpet bracing and Q501all Additional electrical requirements.. Where wal I andwrs shall h"A an "paved&Mgn, Be vaxk area includes any of thc follov,'ing men within a dwelling unit, me requkemns or Sections AJEL5a1 SECTION AJ501 thaw h AJ5WJ3j sha.11 apply, ALTERATIONS AMIall En6med arem.fAwksed areas Other than AJ501A Nenj constructed elernerH& Newt cwuMwWd Closets, gara,(.,cs, hallways, laun- elenwrlm. emnixuients and syMems A01 emnply with Mcs &y areas and hwhEmms shad hmv riot Iss than two reydwmenn or this cod, (Mpkx razePade outlets, ex me duplex mceptade oa- let and One ceiling,,- or wail-type lt�jjltijl,.2(AltiCt. Fxceptins: o A,1501Kitchen and laundry areas. Kitchen 1. Added OPMWc wirldclws are not required to coal areas shall have not lass than two duplex receptacle ply with to hen and ventilation requirements of outlets. Laundry areas AMI h"e not less than one Section R303. dL)r)IeX lrCCp[aCle Millet located near the=laundry equip- 2, Newly imtalled electrical equipment shall comply mem and installed can an independent circuit, with the requirenlents of Sec don.U5013. AJRIA13 (1nundAudl CkaxishAemuptioll. AJNL2 Nonconformities, The work shall not immme the (3mmid"Wh ALM he pt-ovided Oil k'XIN-11 of noncoaloklce with the; requirements of Section newly insudRd receptaLk MUHS if mqAred by Cimp- AJNK or create nonconformity to those IrClUnrinents that tors 31 tlll-OLIr'Ill 43. Ed not prevtowly exist. AMA14 Lilghting, outlets. Not iess Man one light. - AJ%13 Extteluke,ahuaAms,V&ae the total area of all of ing oudet skH he ProAded in wTvy balmotri, hall- me wok amm hMukd in all alteration cxceeds 50 percent of "va"" stairwil�' attachcd yara-,-)o anc' detached garage the al-c"d the dwelmy UKL the work shall be considered to Wittl CICCII-iC JNPIff 10 ilhllnh`.cdC OL11,100-T cllll-xllces and be ii re0)n',ArLlCtiOa;,Md AVY COMply MKI Ke ria phtt-nerag Of exits, and in uAity rmmps and hvements "Tar Bese Ies are use,.J or main equipment th(�sc pri+vjsions for rei;onstruclum wolk spac Exception: Work areas in which tile alteration work is requiring service, exclusively plumbing,mechanical or KOKO shall am be AJ3OJ,5,3,5 Clearance. Clcafor electrical ser- injuded in Hn cougumhon of me roma area of all NyHk Vice equip-me-nt he fuovidod i- accordance with WMI. Chap.'.ers 34 thiol ..'l' 13. AJNL4 SUnduraL The mKinium design loads for Te A501 VenMaHon. Ruoirtkum! smQv intended for ,M,JCIUI-c shall be tnvhat aMhcahk a We time Me Wh1dQ 0"ul1amy and Nmus cu" to U, hAwNe or oampOhle VvalCOn'structed, plo',ided ditu a-, iJangernus condition is not splve in any vv,)rk ;ioc',a h;c' provided 'Vilh Ventilation in Cle,[[Cd, SIYUCILH-,d that arc uncovemd durine the wavonve WWI&own RAM. Ci L11-se Of the imerilioll aP61 diat aiv found to be un Film ur A,15OL7 Ceiling height. dan�ileroi)N shall be made to comply vvkh WC applkabk! IvNements shall havo cam,(, heir,his or not les, mail 6 feet, 8 ieclLihemerns ofihis code, robe", (2032 11"110. C\Cep! Mat slit, cc.ijil)L licight al ohslruc- A,1501,5 Electrical equipment and wiring. lief(", shall ha 1101 li' , II)MI () IC t -4 inclic, t 1930 mm) Onn Me base -"t Hwr Exiging linided cAhng heighb in not)- AJHlA1 Nl[alvdn6 and nwthools-Alkly histal0d dec- hikkable s1mces in bwenwmv Nhall imi he toduced. T'Hud equiprnmu and w1bg r&Qng to WON done in any 2M9 CAUFORNIA RESMENTAL CODE EXISTING BUILDINGS AND STRUCTURE'S AWLS Sobs. the basement flour. Exhtirtg HOW cabg helks 0 noi-.- AJ.;01.8.1 Stair width. F',xisiingbaseinent �)tairs nahitable spaces in basnienu WH not be red handrails not otherwise bang altered or modified WH he permitted to rivArtain the owrem clem yvidth at. SECTION AJ701 and below existing, handrails. REFERENCED STANDARDS A,TSI L&2 Stak hmidroom. Headroom hci�(ht on exi,thlg AS'l-NI F2090--17 Specifimahn Q MAndow PJW2A3 basemem stairs being altered a '.'raidfied SO not be WH PreveraMn Devices Aj W2AA reduced below the existing stanvay knilwd licadroorn, with flTrlergency Escape Existing basenrent stair-, not othemfisc beingy altered shall (Egress)Rdeme Whanimns be permitted to maintak Me current ROW headman IE13C--18 hismWWA EAMnp A J W2,6 AJNIA3 Stair hmdMg. Landings serving existing base- BUMIW Cmk' mem stArs being altered or inodified ,hall not be. wduced below the.existing stairway landing depth, incl vidth.t',xist- ing basement stairs not wherwhe hang altered W be ps'- rifitted to nmintsvin Te cuuno landing deph and with. SECTION AJ601 RECONSTRUCTION AJ601,1 Stairways,handrails and guards. AJ601.1.1 Stairways. Stairvays within the work area. snail be provided With illUMinatiOrl in accordance with Section 1303.6. AJOW Ibindrai1s. Every reclWad exit stairway 1% has four or more riscis, is pvc of We ineans of egress V any wad area, and A no provided; with riot fewer than one handrail,or in which the existing handrailsare judged to be in danger of collapsing;, shall be provided with handrail's designed and instilled in accon.1mwe"Ali Section 11311 for the full length of the run of steps on rnq In Mein one side, AJUL13 Guards. Way open portion of a stak, Winding or balcony that is more than 30 inches(762 rnnn)above the floor or grade below, is pait of the egress poh for any work area.and does not We gwids,or Welt the exist- ing guards are jl.ld�'Qd to be ifl, %'Janger of, shall be pmd&d with guards deviped and insudled in accor- dance whh Section R312. A,1601.2 Wall and trailing finish<'Ilminterior finish of\valls and ceilings in any work area shall comply "Th to vqWw- ments of Section 1230".0. kmjw iincrior finish inatelials that do not comply with those reciiiii-cinciasshill he tanoved a shall be Iwated with at) approved n, accordance with the inariudacturcCs instnictions to ..4-cnrc compliance with thei-eqnirernents c"f this sccliurl' AJWL3 Separadon waW Where We mgk ava is in at., attached dwelling nett, "alk sepainting dwafng unity to arc not unidmow from We QuWatim Io the umkrsWe A Te nai- shealing shW1 be cornowled m pm ids a amAwma fie wpi- rationusing), consnucLion 11micrials consistent "vith the Qxlsti!q� wall or "vith the rcquirewlcln� Cor n"'\'\ POT01-MalICT ol'viork shall he On the side wall of the.dwellinjoinit that:is[vul of Ow ww*arva AjW1_A C01ing hdPL WWWO gmccs an"d basenict-its,shall have ceiling heights"11 not ll s) than 0 fcci', 8 inches (2032 mrnj exmpE that the ce%g heTM w (Amrw tions shall be not less than 6 feet 4 Aches (1930 m,n) than 2019 CALIFORNIA RESIDENTIAL CODE 585 566 2019 CALIFORNIA RESIDENTIAL CODE EXHIBIT APPENE)IX A4 REWDENTIAL VOLUNTARY MEASURES Division:l4,6—TIER I AND 77ER 2 2, Front Division A4.2,Energy-Effidency. —L For riewly constructed low-rise residential buildings. comply with the energy efficiency SECTION A4.601 GENERAL reqWrenwnts 5 Sections A4.203.1,1.i A4,203.1.1,2, Table A4.203.1-1.1, A420112; A4.601.1 Scope.The measiTres co toned in thippcndix are A.4 2{!113.1 and A4201 1 A, no nmmhWq un-less adopted by a chyconuuy :it- My and < county as specified in Section ^(1. , The provisions of th-is 3, Front Division A43, Water Efficiency and Conser- seed on outline means of achieving enhanced ccin-nuction a,�r vation. r t Y. Comply whh at least two elective rneasures eadh levels by incorporating additional great b0cling nx, sures.In order to inset one offfic tier levels designers, build- selected frorn Division A43, as or property owners are required to incorporate additional 4, Firom Division A4.4, Material Conservattion and green building itteasures neccssa)ry to meet the tbresNAd of Resource Effidawy. each level, AC6012,PrerequMe meamire& Tier I and Tier 2 thresh- 4T (Mmoy with the 20 percent cement reduction olds requimments in Section AMU, l , require compliance with the inarchaw-n-y provisiort� of this code and incoiToration of the required lverequIvite me, 41.2. Comply with the 10 percent recycled content sums listed in Section MAMA Ar Tier 1 nd MA01,12 wqWmnwnm in Section MA0111. for Tier 2, Prerequisite measums we aim) MOM in We 4a (Mmoy with be 65 percent red uedon in cam Residential Occupancies Application Chcckiis't in S-ection struction waste in Section A4,408.L A1602, As specified in Section !OLT addlonal prem she mc, 4A, Corriply with at least two elective measures sums may be included by the enforcing agc�tncy lo, address selected from Division A4.4. specific local environmental conditions and may be listed A 5. From Division A4.5,Environniental(jwky, the Innovative Concepts and Local F,*ii,,;ire)l-,I-,,-,en',£z'i. Condi- f.I. Comply with the 90 percent resilient Hooting dons portions of the check[ist, systems requirements it,.Section A4,504.1 AMU F3mdve nwanues.In addition to the.required nea- ".2. Comply with the thermal insulation require- sures,Tier I and Tier 2 bUildings n1u.s .t incorporate at least the ments Pm Ila I in Section A41013, number of elective measures specific(!in Sections A4.1601,4,2 3. Comply with at least otic elective InCaSUre and MA01-52. selected from Mision A45 A4,601-4 Tier 1.To;,-ichicvcl ier 1, maws a pnject num.coli.- Note: The Residartial Clecupancies Applicadon Checkhst. Ply with we Movring: conwi. ed in Section A16M may be used to show which A4,601,4,1 Mandatory measures for,rier L lie project clectimeamwes are selected. Awl nuret or exceed all of the masmory Iasums in Chapter 4, Divisions 11 drough 41 and C'?-tapter 7 a," MAULS M2,To achieve Tier 2 status aproject must cOln- apoicable. ply -witl-) i-.e following. MAOLU PremqukRe and elmtke nwaswvs Nr Tier Note The measures necessary to achieve Tier 2 status am 1.In addition to the mandatory measures, com(,han�:c with v --:dngcry Cites, mmndes, and cNies and counties the following pret'e-quisite and nnca, ,u ,'s consiMmg adoption of Tier 2 as hand,tory should cam- ApNnTx Al K also required to anieve Tier 1 sma: My c md&r the stringency of cach itteasure and ensure I From 1)jvision A4,11, Planning and Dcsqgn, h.,t;th rneas ores are achievable in their location. A, Comoy w9h the topsoil piotccli%c)n reqdre- A4,60,1,5A Mani atony for Tier's The prop c: nients in Section At!O&M .all . icet or exceed A of me maridmorry nwasurn it-., Cfwp�l `, Divisions 4A (1hrojugh 4,5 and Chapter '7 as 12 (Amoy wah dw 20 pamut p r al'l 1vok; apok hie. requironicnts in .Sec:ion Al 100A. AURK52 lbetreWaMe and ekdhe nwasums Aw Tkr !a (Amoy nth the cooi roof requijcnieni�, it) Scc 2. in a.dition to Tu mandwry measures,cmiMliance Mth tion AdIO&T dx fn lowing prereqNsite and Ace6ve ineasums let,.,) a, Cimply mAh We Jhr I cloodc MAW TV) A"wAx A4 is Ww required to mhkve Tier 2 status. Chargingy rckpuircmc"rit: in scution A4, 1. j non Division A4.!,Planning and 1.)esign. 1A (Anwy Mot at RUM two cKawc inemun, T (Omply with the t,pm ll pymecdon rcqWrenwnt,,, Divi ion All, for llui 1 2 it)Section A4,106.2.3, 2W9 CAUFORNIA GREEN BUILDING STANDARDS CODE RESIDENTIAL VOLUNTARY MEASURES 12 (OnOY WIM Q 30 percent j1,crrne,,,,bO paving re quAn-fents in Section MJ06.4, 13, CfMlpl}i Will) the cool iU(1rcqVrcnvwnts in See- Am At M6.5. A. Comply with the Tier 2, electric vehicle (EV) chai,ging icquireinents in Section A4.106,8. !A (MmMy with at lca,t foLir elective r1jeasul-es sclected hom Divisjf;n A4.1. 2. From Division A4.2,Fncq,y 2.1- For nc.wly ,.-onsumed lOw-Ase residential buildings, conirfly widi the energy efficiency rcquiiements in Sections A4.203J.1.1, ATNAAAZ "We ATMAj.l, A4.21 IL2, AAM I a 2 and A1301 IA. 3. floni Mision M3, 4x1wr Ef6dowy and Conan. vaton, I L Comply with M Out Tree clesNe nwasums sclected koin Division A43. 4. Fywn Mv&on MA, Material Chmsermion and Resoume ISHMency. 4.1. Qmyy with be 25 PMMM cement Inedne6ori requirements in Medan MAN3.2. 4.2. Corn-ply ,vith the, 15 perccnt recycled content requircfncnts in Section A/1,405.3.1. M QmOy with the 75 pement i-edIssion in con- st"Julion waste: in Sectio.n, A4AWS.1, it (Mmoy w4h at Ran lour N<: % measures selected from Divkion A4,4. 5. Froin 'Division A4,5,En%ironmental Qw-dity. TL COMMy wiT the MIJ pevent resilient Flooring systems rayMmems in Section A41042. "I UMMY 101 thiv insulation I-c(plire menN ks"Pier 1 and T&r 2 in Sudan A41013. 5.3, Cornpiy with at lcas[ one nnc&a .Life sbacted Ran Mismn AM Note: The k,-,,,sid1cntjaj (kctipancic- Application Clecklist confined hi Amm AMW Y"y be uwd to sh("W v."hich citcwvc,tn:,,as"Llres a1c scicc :d. 114 2M 9 CALIFORMA GREEN BUILDING STANDARDS CODE DIVISION A4.6 - TIER SECTION A4,602 RESIDENTIAL OCCUPANCIES APPLICATIONCHECKLIST VERIFICATIONS LEVELS MEASURES APPLICANT TO SELECT ELECTIVE ENFORCING AGENCY TO SPECIFY VERIFICATION METHOD FEATURE OR MEASURE Agency and electives` Enforcing installer or Third Agency Designer party i Mandatory � Tier 1 Tier 2� All � All All FTA FNIN_GANI)bf�ASIGN Site Selection _ l4 1g3.1 A !t�3'ht h -omplics v,rth t 1't ont:of the fofloi,,Mr 1 --- z: rt 1t f tBrlSttC �sel�`tC ��� I.An infill itc,s.:e:rcicd. ❑ ❑ ❑ ❑ ❑ ^.1.greyfluld;it is Selected, j ❑ ❑ ❑ ❑ ❑ 3.An L1'A-recnanizcd Broa.n`ikfld Site is selecie . ❑ ❑ ❑ ❑ ❑ A4.103.2 Fact IiIaIc COrrtnuntit�,C,>nnec'i��!ty `.r;, f II C fAv„n met hods: i.Locate project v ithit.a mile.. 3, 1;l:im;diis:mcc t.”,at;ea>t'1 ❑ ❑ El ❑ ❑ rm,sic SC!vices 2.Lccctte pr'�j'ci'•.titbit: ';:.t;€]c,t!;;e sc;lkis, cattu;cr;of,it hast ❑ ❑ El El El bia.sic sc (Cef mth; �._ _.._�_— ......_.-.—,_"❑___.�. ❑ ❑ ❑ ❑ Oo Sitereserva P„_ ._...._e ...{ .'`ll I tilt(Itl% 7{1(:l t L.......__�........._-.. ....... ....__._.__ A4.104.1 An individual with ovtt ight�c.>rmslCi in I: j has pain tptted in to e(im-atttrtal p crs F m prom n ng ❑ p ❑ 1 ❑ ❑ cni irot n,nit llp friendly design or de�clo matt and has t!ranine or to trtwlttns to appropu uc CHWIQ, 1>e constriwthm and Reuse rpt 'xrsttrt9 N12teriais ;��t.tg .2 �IStltt btnldin is !4 di Sst r r :;31 --� huildin Ftopos.d mru-t !, tiallah,�im?n�ateri:',1s wbi,:h can be��asils-!eusad: l.l..,ielltfix€uas 2.f'l lmbing fixtures ❑ ❑ ❑ ❑ 3. ?oors and trip; i t.Nbsom- _ &Vi.... Appiiamccs I )"'•Ol?PC1iti titF? )i'p�:.i7?!ons of Imind;mon.,; `, 7 isc3etitrnrttt #9{16 7 a P It an,t .i dicls Fntplcn,'r.tc3 tr ;D�tj j... ❑ 0 ' Cl dl 'lll L wing-o15! to 100.3 C 1€tructi , D ❑ r; 4.106.4 Primvi c c:ipal i ii for Clco1w v1,.11;rh a ![III to€ 0n[l o ❑ � 0 ❑ � ❑, t o I'an;tl €ivelhn �cnhF�tr� s v:ith c I Isut F i;_ tuft l'Fttt€I Fh+r11 n nd hot 1 n,rlt k m .c ,€€n' 1',.111 Scttlon-L10b.} { 41WA. ,or4 11) -- — ` 4.106.1 RtIse1C't ❑ ❑ _I L7 ❑ El 2019 CALIFORNIA GREEN BUILDING ST,ANIDAP0S t;OUE 3 R ESik?z NTIAL VOl..l.I!`d t 9 IRI €:>E'.^AS(U4`ES SECTION A?602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST---ctantinued jj LEVELS VErilFICATIUNS I 1APPLICANT TO SELECT ELECTIVE MEASURES ENFOnCING AGENCY TO SPECIFY Vt'RIF ICATIUN METHOD FEAT nE OR MEASURE � Prer�qulslfes anci eloclfves EMorcing 148.0 It er c r tTWrd A vta y Designer pasty E3 , mrfmatcary Tler'1 T W 2 All All All €:�a llkt v '1 � 1 n.li} � I •;ti rnr_fJlS�altr f:•dds a�n �,_,...,., — s.Ss7_rtil a t laxhn ul If tin flic miuclufal design of[a( flzfell i � i ......°rl'sininu crl' -;` I Nat ntal c oft �I ltt4 i_:alc + 11 i tt it snc'i I 'ion coriltok olv cl � U � ❑ ;�:f O frnplell en._,![o 11113111111"e crn, in doling n .;:;[.c..;tt.cl after i cta u131 SW 4.= `lit 157111)WS by AmAhng Tu£1*nc'ntl:::1'41;°.and Jill 000MIJ W,r. iall A.C., vot,k,and drnc a,ats ac c Tw u c numocam ac to i s:mc c to nHim W WMn we El El Cl rj l7 a notfre ch the ljmw tbcaasttxtvlsoil is c Iran d wd Mo W a,repowd oNg c„ d eof W ct f an IISt,t hJtl4 (; ..... .�,,,_, .� ,,. _.r...._._..—._.. .....5.—.—.—_ _ ......_ ,....,. A#l s s cu €,>Ia af( �,� lit,..�t ,[;,..., cd 1'ef.a�.,c gas pccil7c�f1 � � r ❑ �- an 1,114,a i[I..ii, 2faR I t) l I accfl ll hall b Ics Mail J for eta in£a � aget na.C) a tI or Ifo .:fl 1 3 L c;�inn Tier a 2,Th a n.iru;;t<,n��.rc.,s '1!), ldctnifrd and dcllltemetl l?y Iisc'ang or lid Ls�iiS,tf?I!MI coffol uoh n amou to HW colniruLaloil f ,_o0a. gni i, aauu n llf cx5 fI e �n lec is pL h nne o;• — ----"� 1 at a ,li luhl dclfnfn r,�i C f ticc ac c,.c.r i;t Li .:on,islen? CI i�ltfl cc ruia afuiltnu 7 Who a lc f.t 5 panni nmve ClAnsda,r dre ua61 1,emnt Q j p � El ,' im f d n yila ca n�.f i f z in to font aa. ion Id 11 3i1ff d Pcuaaca'>! ft! �fr��i of thb lanhint i -angor p" Io; not to k;c f Tier L Notc n p Ic. nl .f th. .ot l I' rk r,; wal,aagor pstii a tI ,FI d of 7 \, f h t a30 I ,n;ol th tai 1 rklf g king o' _ 7 ❑ C� patio s .- ccc h.fll bc na :d11 a-I iQ6^+1�+.icalfn I I Ira i als rail I ati fnunn tarn t u ale.{3 ticsl:n ! 3atl dance a flltaru,rl _ 3� c :,f,a f a sokif ldclis.�laaace Inflc t I211 i p al Nf ar :.;.a�.h� ; les 5nc r i:`a I llf e, applicah1c :.cac-s>se ReAd,ntitai Tier I f gout c oef ill, neer_(v cwed the eaW, �cc:mhwd h) i'" � T by a1.I 10 ` a�l � _ S f W 7 I fr,l W wow: coo an ad we vales communed in ij G El TI`i clAM5H,, I € afts aset�es'ctnlatl li ch; atld�<Ist€Is 1 ier net1 tool, s t u. ., MCC!0:cY 7h,.v al.lcs in l AV.c-f ,f ri 1 WC)� ci I 11 Iltt tt"own": .,own cm e c %:Afw SU, Mif,in T, Ic At HTj Ilii. I 116 2019 CALIFtJRMA GREEN BUILDING STANDARDS CODE RESIDENTIAL VOLUNTARY WEASURES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued LEVELS VERIFICATIONS APPLICANT TO SELECT ELECTIVE MEASURESENFORCING AGENCY TO SPECIFY VERIF€CATiON METHOD FEATURE OR MEASURE ( Prerequlsltes and electives' t End forcing Installer or Third E Agency Designer , party Mandatory Tier 1 Tier 2 All All All uu 1 l'ci* stU roc f:,shall,_c>n;€,ic :6113 1";r ro:i ❑ ❑ ❑ Ol srdctf and catcd_ u:d rci); rn the C rd l-niia 1" iu;,, 1 Chaptcrs 15 and i.,. patio ,c;1 c „tiro z 1),a s it -t . , US.:-;, r r M'o'- :,f 171 El El ❑ itgtuiS.' l l)fr it 1 Ier -it lid' ct_y fol, 3 _ f 1 "I 1 t' LSLc hi l i t ICI L plivat,f ct ge I" i§ll a,dcdicicd < J : 11 t CI:c t M{t 7i ,X1 I = pXj' ❑ w„ ( ❑ ct {i.;x nt ,,�Diwke device.1_.u;c,:c�M a i i,wci°Iint nni 1 X4,1£16,8't't{rt-ii?e eUImbiIs V f:z fntitre ei.ct..:. Q 111 I n�v1 nwlCit Indy c:;cclIill ti,:,s S1 Cihed I ter 7,in 15 pmcerls of I ud si rx es- C„„ € [ (� ❑ Tier 2,in 0 PCI' nr<,,,f mo”! at: i.es. �` ❑ ❑ ❑ A4.106.8-i P o=xide ciccti:c Vchl i ' ler 1,€it,.=�iil V Sj cij1;e 'tle r'4,I 5.x.3,i. ❑ r ❑ Tier 2,I Ali 1�V� s Per 1 hle.A ,. 106.9, .,. - ❑ ❑ _.. A4.106,9€fU.,.1e I);i}ClC pal 111 la lltt3c4 nn( i1 be 1i7�'i 1llCct d knout iirdit alit, ,,:h chuveiis ileo e ii-mgcm jmrki„g tz nc,e,cGii<to boilhn itc chal; wnm c..,Inc;udin=,bill niu Iiitm d to ix;okaioll lr_m oil ❑ ❑ ❑ ❑ ❑ 1 t'ro_.1short-,cn-€l bicycbe parkif ,pf Secwll A4. Y-ov�dc,1u1, t:, c:c __ .., k i mdfif.E t bui.di g, Cl ❑ ❑ ❑ Scc!ior,A5 a. 3.provuc 3cn� :z.rs �yc, €a `ins. :roei anJ r:,.,[e,l. -I{,ims7 ❑ O n ❑ ❑ € Section x_.1.IW k4 If)6,1{!1 fJ L I I(k I i7 c€ p }�c�rr__7,aEi u n i3nd install:d=_o comp'y,,._,., I,The 1ritiimutrn r c_i_en ac; `ne C r,cr e`ol 112t.:mg mzsIA arw i tck.li ti U?:; =a-€s ,d`_. :R.<.C�;r unr -is ;ES C1 C1 ❑ ❑ Tt1_t -I ;;tt;{l A ,Xa b.c, 5 t;( r<,. it.. u ,it comnk: al ff4 pn€ c,on"i7 ed 2011))CALIFORNIA GREEIN BUILDING STANDARDS t ODE 117 RESIDENTIAL VOLUNJ AnY MEASURES SECTION!A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CIIECICLIST—continLied -- - --......... VERIFICATIONS LEVELS APPLICANT Ica SELECT ELECTIVE MEASURES I EWOHCiN4a AGENCY TO SPECiF VERIFICATION METHOD ? FEATURE OR MEASURE Prerequisites and electives' Enforcing I installer or Third Agency 1 Designer party ❑ ❑ t°0 Mandatory Tier Tier2 All All ' All ��nttlatl��i t r>11ecltt5 tt1f1 IMttt t1 tt�t�saslrza�€13 tl{�°1lnrilllnllti .................. ............ --- A I iI)S lits nt�m tt i= eenttn°tic nec,.._.,a y .0 d9rc�-,uut,:...t:rc c i Iso-ht ;d c€ u 11.1111 Willa'Wridit;ow" 1 l ❑ U El El p ❑ C ❑ _. ° l�C. -- l.�t,tart�l vc.,:r Bmltt I t3uilI-i�€thn itt c, n c<c�i h ht Cloun , ,c rt,ill'the C'Willoo,ita €IiuiL � 1ftr� c irk., . lel � �� F,I ❑ G _. �_.—...3 �I'ur1t11°t1,ttztG€ .1f�prraatl fo.....Newly= - CxJ= Consirm le i Buildings A4,263.I I I [tet l tnd Ler? Fouti En nwt D ign(,3un�t E€stat EI,t md E,11 F.,i€ s cc Dtesi ii Rating Yn tRatin (Efficiencg DR)(c.,_he ts ncluded ii, Crnficstet, E ❑ C ct s n I m:,- -- 1 a€d Ztrr 2.C� ,)t 4nl1 tttott Insrtl},ntlot, 3 [he Iv cn Efficiency Ssn 'r : ❑ El [] RA3.sale,C..(1)Ic't4(t A4.203.1.2 1 tct I ttstd Tice Z pit;.cmsis.tc opntan...E)nc.c`:dr,, dtH,-k r_ti;rc_ o d.':IS in coo c1;2- ahened pc;,'Amanwo. 0 El ° I 'i.'�; ; ri'€e;;cii::.l;:x:n het wat:;e ci>Irih:;titin sv�tem. i k<`, ,.<tf:ec;._,., •,eater he at: i ,.r; E I'i i 2 1.1 ltct I 1 nddint s cunry�htna i tit 'ne,tr,t lc e€�f I I <i tut t'e;ct z l lic ne 11 tII have tddi u>n ti into t ttcd E e{int t uc r an t it r n r nc tbla t nt r y gencration to a I'mill rd1lt I Tier I., .P4cslied ut Table A(201 L I I or to et°i, I:_I_ ❑ ❑ ❑ call nI boil ht t iilt .-1.P tit 0 C ;nlp'tlci ts31 c ir.m)nlovcd Ilk Tot 119:€. in addition tit n c tin t tw I:It a n Llih 3 -) i{I 1 1.2 iter 7ulns c inr ph to+,ictth the a [l aI n nl sd ut cd c � �Iru uci'yhtltlttce tc3itut>n Itnic tNccl :I€t€ul_t a€d un sic able energy renat.rito t Ics acineve a Eut:.tl FDR I n -1 let 4px,.died it)Table Ad"203,IA I tar Innis Is, ! XI' ❑ I e-ilcu u 1 I tk.2A Pan 6 C ompin€me Ity the FIML11 t n-ns.,,r,m- !h.,Total EI)R i.intiddttiittt to tucctrm*the I : lis€€,ttcutsna uu>I u� I'i�t I of I ie€ ' or �-----_ - —._ €IL,co!€nun, %f t,�d [I u vt tol t c slcttoll t. speciuctl. I h;.: ❑ hl �:u soli €u It: elecilieaCr:Ice it,acceptance. -- — - _.... ._ - 11fi 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE RESIDENTIAL VOLUNTARY MEASURES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued LEVELS VERB"ICATIONS APPLICANT TO SELECT ELECTIVE ruiEA9URES ENFORCING AGENCY TO SPECIFY VERIFICATION METHOD FEATURE OR MEASURE Prerequisites and electives' Eittorctng ( installer or Third — Agency 1 Designer Party € I ❑ 0 LJ f mandatory Tier 1 Tier 2 All All All 1 Indoor Water Ilse 4.303A t r and urinals)and frmily.'s -. Cmckns and si owk r)tca&j mstallcd to buildings shall � � ❑ Cl C] compl\ ,viih the presCriptivc t�,quirernewt tat 4.303.1,1 ! .4303,2 Ill umbine xutr fflrl iging,s r lu rc 1 it Stat,r: 1 1 st all he tn�t IktS i t tcc i .,E�, x4 tilt t'su [ irr���r:x l'umb>,,'Coar, L3 I' ❑ ❑ 14.3031 The iimx:.r.un:.Ion,niIc ii tcht. `1 cets shall c-c xCeed I rxilcn_ ne.c;a£i)pi, Kitch n .:cels tray temporan acreas�€hr_:`:.'imv liamnum,rate,hat not to excCed B ilor,m.1,mim w at 60 psi,and must deSau;t to a maxitmnn flow ❑ ❑ ❑ ❑ ❑ rate -. per minute m 60 os;. Mile "Ovhuie aera€ors or other i _Ms i t;1 est - 4 T03 1.4 3 Mewring.kttrc Is in It_ii C!Wa t;l hall 110t cte.livel €orc tharl 0,2 14.3!)3.2Ahcrrm c crater scu!-Ce foi nonp;:!aE�le apftix nlions. Aiternate ns,€tpartb[c r.rter stnna:s arc lbr indoor polable v„ater ❑ ❑ ❑ ❑ ❑ reduction Alicrnatc nnnnutal+Ic.4atcr s €n,.es Shull be itlStallCd in 1�eoril.tnCe N=ilh the t.it(+)hwgrrt P(urnhrn:;Cod, A4.303,3 ln, ll al lc,.st :ne(Ill dif;ed EM RGY STAR dishwasher ❑ ❑ ❑ i ❑ i ❑ t e 1,.t ma Or we ael less toilets al”installed. __._.❑ ❑ ❑ ❑ ❑ A403, frac- a t�s7 t uttil lu ,haw-hall bee equipped with a Q ❑ I-] ( ❑ ❑ — ( 1 i ld ten atel I cliculu (n Y:.tcm. C}afclooz l ,ter Use 1.34D-i.i RvmdcnO,tI ttc.elup item.,sl.;all c- 11[fly ith a htcttl taatca cificicnt l.utd,aspr i;ru3inant`t 'r the ctinetr_Califo till Depanmc-nt Of Cx] ❑ El 0 1Y'aterFt -uur.c�' hlr5del�hi ,U.Jficient.J:andscalicOidiwince !:1I14't-!.,(.?t,:,.Yicic..'r a mt•;c�ut.....aa r .A4.304.1 �.. �,:::°a^e�..:�; �..:ir i di,i,;ned ❑ ❑ C ❑ :itis LtS Ct::'i; I Irl,? -t, ,_is: �!� tg�t t,in.aal!ctl. _Lt�,?does nt�,uilt e poor ❑ ❑ ❑ ❑ (1 4,30 t nt,: land tlr cl in€z.tte�i t shall bt J_oxided with;eta nate ❑ � C ❑ �t C'iitl117if!:ti 2019 CALIFORNIA GREEN BUILDING;SFANDARDS CODE 119 RESIDENTIAL VOLUNTARY NIEASUFIES SECTION A4,602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APWLiCAfvT"7th SELECT ELit;l'€VE 1t=.A5t1RES VERIFICATION METHOD FEATURE OR MEASUREPrEregttls,tes nd electE es: ; Enforc fm installer or Third Agency Designer party l � ❑ CJ D l 8staodatoryTier 1 TEer 2 I All Ali All j WItIck.Reuse Systems I __.. i 4.30 t C'Ittn it s tal ledtr pe€nut lucLEI nstfa cty� 1 p t i u sulz ved by I he^Intl es slie r or ntht t 1 j.x it 1t,,;. ( ❑ f.-} ❑ i7 � 1d to5.2 } �tr tal`Gt€ l) ❑ ❑ ;1a 11)g { c ! sa is�t z;a kt lamist ttx is tt i ;- �, - _ _ ❑ ❑ ❑ ❑ inn�.,€ttxf,f tattrcl�tsta2ad�.e�cat 1.n�iz°nttnneui=tl t`tzniiifEotts _ 1 4 Ji3tt 1 .errs in€ht¢,�Utrtn trw n cessar, to .c t,.<�s ntn r�ativc ect� s_.r);t . c.rvnorilmental conditions la ._.._....._ ❑ ❑ C ❑ ❑ ❑ ❑ C7 r- u D ❑ ci F LCIENC l�enutttlrllttdt`s��Ec7tts` -1 }!t d 1 A hn r otu ed Sininittn:Puuncl nic;n FPSI s desigmed -- j l A 11)3?Cement tt use to foundation na-t dcsn n i rcd;lcad m - ❑ t`t Cl t�E i ss an a f ccent t 1 is [;� € e r;nt u�z. x' t1c 1 sol lc ss fan s 7 lx- em'oduc._tnt r fi% nt r hfY�etcnE�a°nsutYtg;`fti:bttEtttte�� ------- _-�_ _ 1 t Eft F 7 t'c v nis t I1 ac.ers and fts nut u s< 91t��ninitnwr�.<,izc.to acte� v suppon Lh tonn ❑ ❑ Ll ❑ ❑ __- _. —_, -- 's4 Eli-}2 9Saik'tn rl€trs mtnn, u:I(,y nn c do�t,tt;.tl to n tr irr€i�c- � [ � ❑ � ❑ ❑ ' _.-. - —._._. -------- 'T, i d t fit min a3 is tzr a T;nt� t s(cu s t� it tni tt ;tl;d -�..., ❑ possible, ❑ ❑ 1-E 4t 4A'tilatt a tl li,€; tri utr,htd.tl t Inc pl ins C� ❑ ❑ ❑ t7 tuat�. :., isa;tnut� and z-ovido dune€ior for stn .lw cuts- -1 . ?fin 2519 CALIFORNIA GREEN OUILDING STANDARDS CODE RESIDENTIAL VOLUNTARY P41EASURES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKL IST---contin€aed LEVELS VERIFICA'T'IONS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION tvtE7FtOD FEATURE OR MEASURE Prerequisites and electives' Enforcing installer or Third FA ency Designer Party � C Mandatory Tier 1 Tier 2tt All All laterial Sources A4.405.1 One o€ ono ol'tho iollta print bui(di€l; tt,t e tal, i t t,du n minire. sltihuuuai€c-:ouic for fini,bin arc u,alt, 1.4stchot min not rsyuiring paini or resin ❑ ❑ t 1 ❑ - i clow",ROS ri,pliftnz 11,7111or sulin : 1,7 x,<t "r ,. e Ings cit;ich do nt require paint or i 141 405'l Logi Mat l_h-t t €nr ucldtttlll il a> int s.tr €,ct; r.ot.1:Inc.;,ic,�:.i.iE d,tt,.tt.i a1 or smmped con^rM ❑ ❑ ❑ ❑ ❑ E fW of A,1,405.3 t'csto_tnsutll of plecortsuntcr; cycled coal(, t valui I t_V,;m s.-t or,,ttic pj.s jmt ❑t C1 Iter 1, ;s "tan . .;-}nelcent recycled content value, -1iey?,Nm less.Lail tl l5 descent reevcW content•slue, ❑ ❑ —E" - - (r44,4td5 6 E c v t c: trcc building pi o:Wets„re imod. Itn7uanzcd I)ttsa3:il'sis=a�aad Reduced Malntcltsraice 4.406.1 ;:nrnriar,l..ce;;iround pipes.cleGltiC cable=;,ccatd tits or� �� ___� _ i e other of o in�s i1 pl 3tt at e a unr w tlts�Oiall lie protectccl IL'ailst od-rtnl ti.:h,ct- me Such trpcnin�..-nll cont ni niml:u", �7 Cl ❑ xa�u nl soon or similar anethod acceptable to 111L entoreintl i 4§'aricr Resistance and MoLsture M;trrttpernettt _-- 407.1Install10xmdationand" andgt„ trains. ❑ i ❑ (7 ❑ � i7 A-1.407.2 lr .tsil t itte-r,nal dov n pout sv aenr-to route witer at lezvq 1 5 h t:1 r is from Itic tot md ation ol connect to land calif,dmins tl luell Y ❑ ( ❑ ❑ ❑ ❑ dt c9ar c t� l d€, clt sunt, bnxid�alc rain ti=atet captitt s,�tsm[ar i I uttic t al plo,, i on tic location, I.It1�.3 E,,.a,.i [J.tslung si�t.tils on the huitding,plans anti comply ❑ ❑ C ❑ (t I with accepted inciustrt t:ntahrriis etr tam€(atatiiar's instructions. ! i 4 i,td17 4 1111ten-als do liv ed! l 1t,constmction sitz ❑ � u ❑ ❑ t [� 11 4{i� 7 t t..€..� c 7 €� l r to cc.rl h r'�tr€ e 1 :ial:c.i at ttrot C1 u CI �' n tl.:-t and waip, t„o. nlv.ls c.:c. 1 1 t.t117 ;:.t,_l a:e dr.c�llintr;uc-p€.rtec.e(s t,t h.e�.cnt f� ❑ 0 I-7 ' 2€119 CALIFORNIA C;�,EEN BUILDING STANDARDS CODE � t RESIDENTIAL VOLUNI TAIRY 1J1EASURE S SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECK ----------....__ LEVELS - VERIFICATIONS APPLICANT TO SELECT ELECTIVE MEASURES ENFORCING AGENCY TO SPECIE: VERIFICATION METHOD FEATURE OR MEASURE Prerequisites s ali(i eteCl vts I Enforcing installer or Chird Agency , Designer party Cl _ irtandatary Tier 1 Tier 9 All All All t.011,14 ti k3tsri'r este Reduction Di'spoul^assts Recycling �__ -.-�--- .. 4.408.1 Rec vc e—an d/or i ti s c—foin,i s m n r N fl r l-E.azv Iou..c0n mict.on:.udc:,.r,,of .t,r.;;:.:.:� a ... .,.J,rt;:, ❑ (..--�—I inti one o th < i0'1v r tl rcu npl; it uctiml d d"f1mil-io.s 1. I + >le llltlllag<,rucnt ors a nc, lj A consrrucaion u--ante it armtterr:"fit Man.per Section a.:08 3.A waste nrua curent comp an;. ;cr croon 4.4C,),.3 mI .. f he;ante sU;su aAuciion aliwvoaticc,per Section A l d08 LC oushuetiun n r rn J ltr i tt t o ite i;dh vc 1 0 _- rc, c)c o.sa ane is c mphailct ;;sift ouc c.t,s fclfo;rn�: 1 ircr'1tk i,,ta,65p ccitieductnn;; that'rr{.'-? , s �._ s; , , r-= ❑ ❑ ❑ ielc 2 at least it 75 permilk leducrioll;cah a tlmd-- c anti G�:' i ❑ ❑ ❑ Ex eption Fqr ae t;Vastreductiolulcths>ch uc tr u«rk 1 h I c a r cricles 13faapd€sa�'ti�r>xtt�sstrtict and£51teaatltftt 4.4 10,l ;it npu a rnFi illd toanti mince rnat ua( i a-s<sil Pae pr�,;�itic:d ts �.l — - .ht't1 s lctn,o c r„<:.a oi cue[cr. �_ ❑ ❑ _..._ --------_._ —. . .....—_ .._..-....,�-- i 4.41{p 4S`hcrc S or nxat uut[fiPsnarts tf;;esl(in units Ire,c.oustructed CXl ❑ - ❑ ._ tm s building site,preside readih acce:;sibfeuec,s that; rcc the arntue building rind:ue iderttif7ecl has.the depo-itinj,, tin a a:irsd rolieetion 411011 fl"wil-dolls utafert;tls 7'x recvcliug,i usfurlin_(at�S tnrluiarnrrt3 pzap a ctnntt 3Rd caudhoatd, �tts pfastic z r anie tv ste and ria tds or meet a l a;-fuf y eiuctul loc-rl rc tlr re ordij llceL if morC+°r5ti IA.lt4 u, Escep tion:/tilt 31 jtuiy ltciinns 11",11 meet and z1ppIN livthevxempmon in f 11uhlrc Code"Section-12649,82 cl c i txill it kr I-, - eu,npt Irina the rg'artic;t 1 to pS l r,an ofthl, on Innovative'i,txncLphi.tastt Ls"aai F.rastrirutsrrnfnit'srttsl}#10111 i ” - 1d !11 1 Icru,r t Ohl s fut111112�1utcc ; 1 l,3a R; �.litsmKilt iosc{pr crlca�,rl .n:rrint7lunt"Qeotutnurns n ❑ 0 ❑ . ENV1Sdt) M °*t l SI I t'31 F t° �. _—.. _ :a ❑ m. _ -- -- --------- Fireplaces . - - — - ---- 1.503 E Aiiv asst lictf¢ a ueplu it 1.0 t tltriu eomhu turn type Illy nt raked eu,>d,to c. Sr p.el,e,at;a ,hull eurnpsl; t"111 t"S ["I"A Mete Source Pulorntuace. Stand l k fNSPS cruc lon Imams as pnht dsic, rand shall tante a pr rinmi w 4.bel C � C; � ❑ lilt wzutr.'!th..are cetilfi d to meet rlt,emir"it a lrnit..Wood,....... 'h isc t�c:c Ib.p!;jc,° - r - .f -1.504.1 Duct,Sp r iu „ lld nth`r e a. d apr,i i huts. c...i.-orea: open n_s;:h,rtl hei7;ea fdillin-,cn sts cm Il [7 ❑ ❑— 4.5i34.11 AdI1 i;c :,n.i ctwlt.:.sh iP[., _c::, V{� r c �. ur(ot *Lrr rp 1 5£t W. Z ..E r. trr stft_a'c r.ng- I I rt tX i I j ❑ incl Suut :rnhe �, Ss t - wcwhicd MIR unit os Ro o a. El ust ltrt rr r:phm_ -1(X: ..m. Lf El .n i,:�al.�tL h.i,��:beell .sed. - -- -....- ....... 122 2019 CALIFORNIA GREEN BUILDING STANDARDS CGDE RESIDENTIAL VOLUNTARY MEASURES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICAr€ON CHECKLIS I- continued VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES IVERIFICATION METHOD FEATURE OR MEASUREPrerequ(siYes and electives Enforcing In or Third-- ----- Agency Deslgner party 13 11 ❑ Mandatory Tier 1 Tier 2 All All All 4.504.3 Parfet artd carpet systems shall be compliant vs Wl 1`0C ? ❑ ❑ ❑ limits. 1 t)! t Ili€4cn1 of ilt;oi ail;, recelvutre0wrn t7o01ing,hall Cd p ❑ r1 nh pucitt d VOC criumi ._ — a 50#7 h,ud:.oC,=9 ptI aubio.(f rd,medium diu iden ity bo_ard ' (1ff?}j arse. � � ❑ lnteriol finish sv" conwfl. -wE)lmk fni1:11t}ehtde cnw;sion starch ds. 14 04 J Use composite+°,a<.d product~in"de v,ith cit}r r C Ii orua j Air Ire solliv a tioatd Ipploved uo-;uldt.d icli nfuldt hvde% .,f :..ins r ❑ ❑ ❑ ❑ Cl tiitl.l l nt -mittinx J.umaldchpdc(MEF)resins 1 4 !.�Jnsf t 1 VOC compha It is m iei t tloolin - st--Tris- ! ❑ ❑ ❑ lie]-L,it least 40 percent of the resilient flooring,nit ihed shall f CO;llpl•t ' `Piet•<,At(cast J00 percent of the resilient flooring installed shall i COni;Ily A4.504., 4.504.,Thermal insulation installed in the building 0LUI incet otic ❑ ❑ ❑ followir,e ix�uircineats: fier 1,install iherugil insul<itiort in compliance with VOC;rmits, x' '9 ier 2,Insiall insul tion whit h contains No Added Form ddchyde. t" j I ( Ah)„ ei Js in compliance w tth [icr l L _ Inuc a for N40istiWe Conti cil i 4.505.2` apoi retarder and e;ijiilim-v break is imtallcd at Slab on- � p ❑ ❑ td�ioull( ions. J F0 �'�7or�cie content of buYldin rnatct!als used itt x;fll and floor � ❑ ❑ ❑ 1 frfni.i .s .h s_ ed Iletore enclosure. _. Indtout Air Quality mist}L Oiiirest f^QEF j l�_;Ich b.,provided is°nh the following EN f'wGY STAR fans ducted to terminate outside the btnldma_ � f j Fan>smf't he Controlled by a humidify contra ('elmnItc or buiit- i Irl),OR functioning,aSuc(-'rnlponern oI rwhole-hoose"Qntikition EX) I ❑ ❑ CI e14ti'ill 'i t -; Humidity conlrols With I'Mintul tujute+maria means of ;;djustn,;:nt.capable of adjw:lnlent tm{ween a mkin e humidity ut e peicenl Ion masimutn ol,S0 purcc rn, §t,_46.l Rcserved. L ❑ C Cl Sd Ytfr_'_Bitty V- jc..'e f t:r-on reT111.:n sirri wci 1i IV-V i r hir "- ful inconstruction When rt is nccessary tc I s:[WAC ❑ ❑ ❑ ❑ c luiun:It _ Dirc e t vert spplimic s s la..I be used ivhe eytil'lmont is ]n t c -ocudt ,n fsi..c.:.,rrttecquifin.env.ulc,-.,b.�inst;,llwdii.ar _._ f f--' ❑ f-- ❑ i lziwd mechanical 1o)),. I __.__.__.... __._.....-......_._.— -------------- 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE 123 RESIDEN-NAL VOL UNTAHY MWl`3S'riRES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST--continutrd LEVELS -VERIFICATIONS - ENF AGENCY TO SPE APPLIC a i'T©SELECT ELECi`JE t1EAul1RES �JRCIilt AC CITY VERIFICATION t0ETHOD FE.ATi1RF.OR MEASURE I PrereY uisl.eg sand 'Enforcing Inslalier or Third € _ Agency i�esIgnar party Mandatory or 1 Tler 2 All All All ia4 t%"t}YlilttlltTtt�.gt➢ittttt X07 2 E� ,.,a 010,fbilowin r ar.If_,�i.. E..r 7 tsxi ie-rt km,ntd iict-n pm - a ; NS GCA3 alnautl l2016txc r m. smz duct sy_: .etc au.or�,r� t �� ,.�( [ � C� C (� ceuiv,dent. _... `lalltl h 'un Vtantr and coolingc a�r :t� �, fl I E art alar tleni E �. _.� Outdoor All-Qma1Iti' � -._—__ _.......___ Rtserved InnoviMve cols epais uIld Local Envircin le-mral t`»1d1t1rans -- §09 1 ltcnl,in thi a +r n n c r t r umo a is --- — ll— I c r ug,es of local ri ent,, I'lem 1 — ❑ � ❑ kcm 3 C� C] I ClElI.. iat t rller and siaccizal Imspeclor Qualitta taiim is 74)}l IiL ,C ,1'rci:' sal r: r ni e: t - i to tt lar ..1 -i]VAC,,,L.n s. n C7 Ll Cl 707�.spa°c,tGt€m,pr,ata. c-;upak� td €ti dihi<f tr r talr� to r1°rritua5tr.atspe� t. au E p ��� 701 1 Vcrittc Hurn rzl<itmhlianc Ill Haiti tori rnna mcklilo ra�rn Litt ticirr d uernlern €al ui,, is iitcauntt�€undo; iai:,t:a last rcrtt6r, tion inspection report, o 5dier method ac c I f blc a the ( � ` � C1 ❑ ....... f , Lt r latra 11i-' rtc c ti4hrch hria. ii t to r,l r r t i r,nu --- — ._. f cr bt 'd7a.. r�_asi a, :r, ...... '' �� ti a;itto°; e,tar >> un.v ,sl?. ed n S cn;n Jai 7 ... Recwi _a.:are ctir'cral v vs,mlcd 124, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE EXHIBIT 7 CALIFORNIA GREEN BUILDING STANDARDS CODE -- MATRIX ADOPTION TABLE APPENDIX A5 — NONRESIDENTIAL VOLUNTARY MEASURES DIVISION a — VOLUNTARY VIERS (lilatrix Adoption Tables are ,,omeguiatory, intended only as an aid to the code user. Sat? Chaptor 1 for sato agency authority and building applicationis.) i ( Pico t�sA ostaPt� 11 11 Adopting agency iiS SSC FrP ---- 1 rJt�tr A ft i3°� R WC CA SL P�. f CC 9 2 !11d AG SS i 3 hn 3 4 a _.._ -- Ado't attire CA cha,,t'r - iAdopt entire chapter as �— — -- — amended OmeKed sections listed below) -- _.._.,____._... �......_...___. ._...:...__._. ._,....._...... t ..... _ —.—_ .....P._ Adapt only those seeticns �I that are listen vela: - - Chap€erlSection { ! i APPENDIX DI 5 NONRESIDENTIAL Division AS,6— VO ,tl;'!%?rl,fZl'TIERS 1. From Division AS,1, a, Comply with the designated paring require- fl merits for fuel efficient vehicles for a minimum a CC a rt TIER A l of 10 percent of parking capacity per Section) A5.106.5.1 and`fable AS,106.5.1.1. A5Y60LI;Scope,"['he rrneamwes contained in this appendix are h, Comply with thermal ernittance,solar reflectance not maWatory uses 4adiJwucll y local government as spec- fied in Section, 101.;'. The provisions Of this Section nut}ine o€ values for axil roofs in Section l A5:1006.6.1 l.2 and"l'aabic;A5.106,l1,2.}.1 111cans of lchie i g eine 7 t d c n n rile i_ }; c d h, iev e is by incot`pt,)rating ,idalitiAm! ._men huil% iri swes Ry inct'tY c. Comply with one elective measure selected from constricted nc)uresi&1111�il l.iuilding�s as well as additions and this division, a1wratdonl In order" to n lcr t one of the t c i. levcls des priers, 2, 1-'rorn Division A5.2 comply with TWO of the follow- builders Or property o v,nei- are required to incorporate addi- tional oreor, huildinL' me i5urk.s ncco,S Iry to inee( the thresh- r s r,'i.. old of�cai:h Ic~rcl 1�e:Y�a in tlle� 1lravis`t)n;, in Sci Yusn 3t)1.:� For1, C3utticon•ii ,htl�z;Enas described n <'�5 �.:� 1 }. nonresidential a6ditions atr i altu.fa i n s;cu,r,* and apl)fica �. L-iC£water beating in rt ;:z1uE<,nt5 as }r.. i it C` [don, in A5,201-1.12, A5,601.2 CAL,Cgi°een Tier 1 3, Wmehouse Dock Seal Doors A5.:203,1.1. AS,6t LIJ 4aremgii-d At.tns< lb achieve t,.L(Wen roc" stn Daylight Design Poti ci Adjusly-nents 5.2 f 3.. 1,4, tcaS 1 projW must WiCCI all of the nlandwor) iricamurs in 5 Exhaust Air Eleat Recovery A5 2E13 } l C;h ihter 5 nuts. in t:iddhr.an, sleet the prnvisiNo OF[Ills scc- 3. Fron,. 1:3ivis=.ori A5.3, On, a. ( triply with thelied Cil.i ,dCl til It i bur A5,60.1,2.2 I,2.2 n rg p rfo9 rric a= 1%r tl e p ,(� s of potable water wsc i n Section.�5„3J. ,_.J I. ti-iUiH{llili l--' l Itli 4' C tt c ICaic1 "t-ii( _ ClS in this vi>Clc the Cillifornia E nu :ACor.)ill i.'io) will t`o.na 'ince io udopt 11. Comply ply with ori£ electi vo ;7aC;a°+i.:rc s le.,{ed fionn .:Linc=at,ry s lnc1<ink; this divNion. A'.NI 2.3 "Tkr .1 Comply l wit Te enwTy t ffi ienc� 4, FroPid Division A5.4,'- 'equi`.emein, Scion on A W1 1.r and SmAn a. Comply with rc 1 d conlem cl .0 ,)L_-i_t __. A5,2():?,_2 . materials based mi estimated rota:1 cost, or z�e A .ht L2A W)lcmL ary nwasures for I la r 1,in ac;C";t`n two products frorn Table. A5.405.4 foraf, 1 e t "> the provisions of °u,a..t ons tiWL11 am} A5100.3 percent by cost in `tecdon AUDI? above, .:rna plOnce with to Wwing volunusy t>)eawaA s `t:. C,u njAy' with the 651wirent reduction nil con- fiom Apjpcndix AS is r gmi)edfor li,,r 1: �,t.utti011 and .l;nvolitri;ti vvastk: i°n Section 2109 CAUFOR to GREEN BUILDING STANDARDS CODES 3 NONRESIDENTIAL VOLUNTARY i`0EASURES CCo'lloly with one oloc'uvc ineasurc Selected Inm b. Comply 61 We Wive measures selemed Th TWOr". tlonr this division, 5. Fmm Wkion A15, 4. Rom Division A5A2 a. Comply with resilient floorijjp systculs RW go a, with recycled content of 15 percent of percent of resilient flooring it-, Scojon, matGrials based on estifnated total cost, or use A53014.7, two products:from'gable A5A05.4 for at least 75 b. Comply with thennO inmdathm mea hng 2;M9 pm-can by cost in Smdon WAWA, CHPS low-emitting mareriak IW in Sect,ion b. Comply —all the 84percma reduction in con- A5504A,8, sWuNon and derrrolhimi waste in Sect on C. Comply with one clective;measure Selected fron-1 AU083.1. INS jossn' C. C'olnply viifil three elective measures selected 6. Comply with one additional elective mieasuro Emu Mk division, seleved frons any division. 5. Rom Division AW Coo mah is aired Q conwHame is'r 1 and 2 and nmy he und to a. Comply wirh resilient flooring systems' for 100 met enoTy standards in Pan A exemd envy stat0ancJs and w Aryate hear owdowt, percent of resilient flooring n g if) Sectio Section A54(19 4 in this'codc rna�be Lik cycle assessmem cotnj)Ijqtn,vi'-h AS 10143.1. substituted for Inescriplive nicasures From Div kton A5.4. Exception: Allowance may be permitted in Tier 2 for up to 5-percent specialty purpose A5.601.3 CALGreen Tier 2. fWring, A5.601.3.2 Energy performance. For the pjnjn,)sc,,' of L Comply with thermal insulation inecting 2009 MUKIMmy energy cAkhwy standards A INS We, the CLIPS low-ernitting materials list and no added California Energy Commission will continue I,) adopt formaldehyde it) Section A5.504,4.8.1. nmn&mwy swn&ak. c. Comply with three elective megaaresselected AW1.33 Mer 2. Comply with the energy clTiciency from this division, requ irei ne tits in Sectirm A51011A mid Section 6Comply with three additional elective measures A520112.2• selected from tarry'division. A5AO1..14 Voluntary measures for Tier 2.1n,addition to Cfw,,1roof is iauirrd Rr complimwe vvil Inus I and 2 and may be used to the provisions of Sections AW 1.11 arld A5._ 01.33 HW[CD01 2c Standards in Pan 6,exceed energy standardsand to mitigate,he8L above, with the following VOILHIMI-)' M.c3Snr'-S from Appendix AS and additional elective, ;neasues Lit" CsCle assc:Slncnl c.anip6.m1 with Section Ai,409.4 in this code may be shown in Table A5A0L3A is recirdred for Wer„: suhsInted or Ynownve n"Nues from Mown ASA 1. From Divi ion A5-1, ASAW Compliance verification, Comodwe whit Sec- 0 Compy vrith the clesynated paking requitv- tWn A5A0l A kw A5A01.3 Owl! he as rajuhvd in CAuquer 7 of ments for fuel efficicni vehicles, for a !'Jilinifinlin th's codi Cmuohaince doctunematln shall be mat part of of 12 percent of parking capacity pet Scetimi the pro"o record m rcqdmd in Section 5AIR2 or 5AIR3. AS A 0411 and We AT 1 O&T 12, b. Comply with thermal enumance, solar reilectance or SRI values for cool rooj's, it Scc(jznn A5.1061 1.2 andlTable A.5.106,1 1.221 c. Comply with We moke memums sckcwd Emu ME division, 2, 2. Service xymer hearing in revaun ,d nas aeschhed in A5.203.1.1.2. 3. Warehouse Dock Sea! Dooi s A5,._;)3...13. 4, 'Dayligilit llov;er Adjustnlew' 5,200,1.LAL 5, Exhaust Air Heal Rccovery A5.203-'.:.5. 3. Mom IDNision AW, a Comply' with the 20 perc,";nt rcduclion ft indoor potablc water use in Sc.cijon A5,.303,2-3'11 154 2W9 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES TABLE A5.601 NONRESIDENTIAL BUILDINGS: Green Building Standards Code Proposed Performance Approach Note:: This table is intended only as an aia in illustratiny the nonresidential Pie;structurel (,Refeftie Checklists A5,602,A5.602.1,and A5.602.2 for CAL-Green verification 'QUidelines for liA,.indatory Checklist, Tier 1 Checklist,and Tier 2 Checklist.) ENVIRONNIENTAL CATEGORY PERFORNIANCE COAL TIER I TIER 2 Nfeet all cif the.provisions ;Mceall oj'd-c lw-ov;s Onu All 'Sec M of Chapter (Seefler I Cli-c"dKlist) (SuJief Chec,/list) --C esiII3TVi�It3 5.1 Parking Approx. 10,'l ol toml spaces Appro,�. 12,,�� Planning and Desion R cl Eff.cient Vclh�cics (�jj:jro ir c, Approx. 81i',,ill iouil ............. Roof Slope<2:12 SRI 75 Rt,tot Slope<_2:12 SRI 82 Isl"'od 13II'mt Roof Slope>2:12 SRI 16 Roof Slope>2 2 SRI 27 .... .. .. ............ _.——---------------.......... I additional 1,,'lective. 3 additiolial from Division A`.1 'rom Division A' ' ............... DIVISION 5.2 ' Outdoor lighting power 90�'i�- Ol'i,_i�oor ii0llinc,,pwiv,,�l Energy Pm eTforancet,"I Energy Efficiency o f 11� L 6, f Part 6 allowance or InTle solar kva If applicable,solal wa r-heaiing If applic_:b C',S,)Ialt vvten. vstei il with 1-ninirnum solar sil[V!'Tli>s 1 sysWill witl- fraction of 0,15 frac,I i l-n o 0 W;arehousc doors oaks Comply v"ith day lighting Comply"A ith d;ly 14d)nwg ............ Exhaust hoot recovery F".xilicu"i heat-,i_(ow-v < flner2v Bucipet 951.'c oi 90i4.% E.nt?r_cy,,l H)Wl A)'i, M of Part 6 calculated value of I of Pnl, 6 cal""'lAmted wl!Ue, allowwqcL ........... DR11SION indoor�kater Use 124;Savirilas Sav�nle­ Water Efficiencv I additJonal I-lective 3 additional Eleciov". and Conservation from Division A5.3 Ircrti D i,, o i i A5.3 ............ A vlS�Iul R e C'%1l­_trLW1'J-_,,Il was�-e I dWction At least 6;"X)leduction A st S01,'o i Material Conservationy Utilize reuvcIed contenu mate lials I.Jdfizt,ee-c"(;Jed con-em and Resource Ffticieney3 C-n(crik to(;il material flur I OF Ioul nla-­ d i �� I additional ElectlI`C, from Divis'o­ A5.,-' ............ D-1 N-7 I'S_10 N"K.5;__ Low-VOC Resilient Flooring 906�,,,o4'j1,,)(,)r:n,._- meets VOC ljltij[s (,�,,i fl-mm...rt z;,,,; �0( 'Al i ...... :Envi ron lilt n tal Quality ------ ....... liN i t 1- VOC lilni!s <,!Jd­)7l%i­ Coll VOC hrnm, -------------- additioul E!"­,tivc from Division~A5 ............. ailditkinal Electivc Additional IvoM linv J: ................... .......... ...... T- 15 llep�:-Tilluod ill "t If,: up, 11("Cow splccialty pjljwI1,wl4rlg,. pCr A5.2032 I1-2. a "Vli 'Di-ill'i:AGF; oc,colv fhe--nal th, ual .cc-ss it leis a-1 i. . m solj i's lh; [.1'W ill 11 c t i-rl s I i d C,r t hC 1 1 fir I I o a r?F n (t l) I I I,:Iud10il to 01 l,­I:k! i oll i[how 1! dw dc°l,Niwt a'.,- .Vh,r;ccti,3?:AI()")d ii"h s,:odlc bU suhs-rite( a.,€'.i DI,is:t)il 2015 CALIFORNIA GREEN BUILDING STANDARDS CODE 155 NONRESIDENTIAL VOLUNTARY MEASURES A5.602 CALGreen VERIFICATION GUIDELINES MANDATORY MEASURES CHECKLIST -Applicalion: Tkis dieckliNt shall bc kir nonresidential proic'.1s hitt nx-A one of'the followima: new C(NISWLIC'tion. building , , , 1 addhionN of, LOW square I'm("'],ole*,vtcr,or huildim, altel',1110W, VVith a I)OT'DIR WIILIZI(ion of.S200.006 or 1110re pursualit to Seclion .'01.3 AND do not tri cr a Tier j ;)I-'[M Ire 1: y=Yes(,wctlon has hmi Selected and/or nduded) N/A =Not Appljcible tcodo sect;on doe,rie",apply to(tic pro Of- --l-nanfliv 0=Other(provide explanation) for zic and alterations) [NJ=Nu,,x., construction pursuam to Seclion 3013 [A]=.Acfaifions and/or Afterafions [)LH tJlarjl,to secdom.W1,3 PLAN SHEET, 1APTER CODE SPEC,OR DIVISIONS SECTION TITLE SECTION Y N/A 0 ATTACH REFERENCE 5.1 aa,f,-;rvi -a 5.106.1 DIVISION �c Plauning at d1 �:, a,-;,of,Lir"d through Design less 5,106,2 ------------- ......... Manldamry, Short-fcm-, I'Dicycic parkiru, (with cwt--niin- t 5.1.06.4,1. 5, 146.4, .2 Nlanda-or through :.106.44.1.5 pad<it)g,for clear)t6,r vehid 155 106,5,- - NIand tory I—I 5,1:(0)66.5.2.1 1 sPitis IT"Amements ],,06,5.3,1 kland�jt(lry Single,cfii�l Miindai-ovv Nlu'lip'c IN! 5.106.5.33.2 �imwl% K]i vvit" 5,1(i 6. 3. M 5 06.5-3.4 > t 1auldaIy 'N'hnmv t-h 06. ............ ---------- NI I-J�,Ilt ................. UW3idmg u t-, p,ViIlLo' l""if add::(;olarid,dtcl 5.106,10 .......... Irnexg Roar o}' .................. DIVISION 5.2 Nlcct I-e. ............ k14 ISION 53 ater udd':,�(,ns> 5 301, mcie,*ar, '(10 ................ Efficiency and IFI Iii ,N add i':I Conservation ""I,atm C, ch Ui5.3 03.3, ,xcccd p;C! I. i, 156 2019.CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDE-'N'T IAL.VOLUNTARY MEASURES PLAN SHEET, {N,6 TER 5 oC3 SPEC,OR DIVISION"; E rION TITLESECTION Y ra J ° A 7ACH Nan �'t`'all-mo nted urina,s shall not exceed 03 '125 i=l'f 5.301.�g.�.. ra € ardE DIVISION°;5.3 Water tvTttttdator„� ic.utrtee u; nail shall not exceed 00 gpi 5.303.3.2.2 Efficiency and ---- S tc+le slx,�aenc�td,hall Ilfty C tx x l c._a low raze of C onservatiou 1randmor 1 fpm i,I":illwrs per lilinutei.t 80 ps. Multiple shov,erl eads ervim,r.one silo> Baal ilav - Manduto- 3E 3 con-shi.cc.`totic .<tU r.; 1 l;pt7l It`i01�° E >~t tatcJry �i�cnreside_aiar 1<�aort faucets �, ,.” � ` , � M p"Qi I tt(alen tat?�,L't5 iSJ1 .4.2 I ; !Niandt:tory Wac:l fountair.s Mandatory ld.t...;n fca!CetS 5.".,_,..."1,' _........-- j + n I � S�lanc;tttory �� -:er:ati fauccts for w r:}l 1'ottn_arn* M1.1)datory }o` ti ste disposers .303.4.1 Mandatory ;-areas of additions of alterations 5.303.5 mandatory Standards i'or plumbing fixtures and fittings 1 5.303.6' C:.?it:'.lo.?r>;ctta;te G+r,tr:r use in lt.nds <tpr;ttretts Mandatory d;(;a.t t t.l€l l3 t�.e,ej "Tandatory Outc;,:r eater supply systein;s(with Exec rations 1-4;t i � 1 .ceau'.retnents for outdoor recyclec.crater 13ndatcrs supply s}st sns a_305,1,2 DIVISION 5.4 ?.Mandatory We.adler protection Material -- ___... Ctmservatioll Mandatory Moisture control:sprinklers 5,401,2.1 and resource — _. ............__.__.._..._........__ _..._ ___._ Ificitrc Iandatory Mo:sturc control:exterior door protection 5.407.221 (eoratu�:adl q Mandator 1 Mo.sture control:flashing 5.4(r72.2.E t ( (_ths.lrlis lora t e l In]>=en C Et—Ci�MDI 'Mth CithCl 5'A08. _ ...... .._....- mandatory S+cit r s 5,4081,1. 5.408,1.2, 5,408.1.3 or more stria 5.408 . 1,m—pi local onfinan_.e 5,408. NI tttdat.- y sm 0m r a ,te t_'>lage•t o - s c c lm nt"'do:. 5.40K .1,4 - -- _ — .................... kl to`zt ., U ni. r, I slsw Al 5.408 _ - sol ,t,d ,.d 00,• � nt .iu'.uI c .40 ., .._ r� hu E r Z I rd«<or, t i r,r aiory Rclvuling by oc upilrtt., acct ions i'v'ith c xceptior Mundatlm' R-','-v irtg by oc.up-..t`s sample orc.immcc 5.4 0,L2. E LiauclttC; ti f .,. r.>s ant ra nc c b ulci n > 1(),000 M)['''] 5."10.21 lt_ 1, :.Ret--Ela 1.. .... -- __. __ ... ......_.. til. t,e b 5 i} .. OPP" 'co"u'773ifL 2019 CALIFORNIA GREEN BUILDING STANDARDS 0003E '57 NONRESIDENTIAL.VOLUNTARY IMEASURE S ._— PLAN SHEET, CHAPTER 5 CODE Y N/A O SPEC, C S3 SECTION DIVISIONS j 'E 1;1 t.: SECTEE)N ATTACH __. ......_..._._.. _..._� REFERENCE N5,410.2.3DIVISION 5.4 1 miterial ai 1 ;c1,sz1 ],.i _:t t7 \1 5.4;0. . Conservation — — . — _- _- and Resource �� At3t{?J .. tr 4 fTm IN! — I±fficiencF — ----- tQ [\, 5,410.2.5.1 .NJ 5.410.2.5.2 - � .x-' 541016 i i,1 Eula h turn= 7E as 10.0 l s1 or IaII: ._ J 4; r,eti 3 ottln " .,a.crt�� addiu7xl ..t ;r alt .7.17s[-. 1, 1 Svc[[ 1 I L�1111L)hall fol e c vv7h c e c'rs)-.land cape 5.410.4.2 _ — lr�,�7t..�n .. —..._... Proi rc, for lelsaing 7.1d 5.4101.4.3 j 1 ilroco,wrcs fa HVAC r) ,cant: 5.410.4.3.1 3 3 n ; t( }�,c'.;:1T:19'lr !Or zlfld idjLIS 1S� 4444_. .:.—- �. 'hulc.tts OT,cnzl; on and maintcclane,.{O&M';nr:anual 5.41.?.-`. It, .I c :E7 ral rOr14 41 ),u, ,l , DIVTSIC)N 5.503,1 Environmental nt�al I _ � Quality 5.5011.1 (c.Milli d) '<....;ttort ~t;nt.€1a€ r7 5,,04.1. i I L. :� 1i1,�;of rin,;ts o cntrltus Ir-d t7 o ct oft of rnca�€an- �._. 1 r -04,_ ;.£.i1 tililll)InC.7I dtll't I-1 r�,c:0(I Gl.C:1C#ti?-: 1n'..� Ad , 17: and ,..ks 504.4 - .,, os � ,s ts, ca ( 17 c Y alts ,c at11 s. 5.504,4.3 �._.044.,: 3 t er 4 ..?ts ,£ c:,.1t 7g.�. v,.... . .uor: �5.504.4.3.2 5.504.4.4 )1; :u ( u' - 550 4.4.1 ........ _ C...r,.i , .. :I 's I r t-.51c;5'`0, .r S 504.4.4.2 i _4_---- r;P-'r C ; I) .._. ct+..F ..i f �F la ..7__.< liF1 .50<a.4.5.3 - E h,I -- to I l ..-. 504,53 _ ----------... SI -:�I:;101 5.5 r) --- —' I -- -- 444,4 %iiPC%s 158 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES PLAN SHEET, CHAPTER b SECTION TITLE CODE Y N/A q SPEC,OF DIVISIONS SECTION j REFERENCE NCE Nlandator{ Out de aj r da'li i•ei y �'...._.... _r. 1 ----- € �� DIVISION 5,5 _. __ �_ — l;raVir€snmcr,I `JIal ndatory Carhon ott.Xrdc'E✓02)monitoring —_ ......._...._...... `slandatory .'acoustical control(with exception) 5.507.4 _ I .._..._..__ I.Ixtu'riol,Il0lsi'. rztrll!SSi(ii1;17:f;S :.l(ilil'C Eti-Is �..„. ___ 'Vif€ItCatttt_'y (with exceptions)� '`lois;-eXpOslrre where noise contours are not,YE- lily available ialr.datory Perform-once method 5507.4.1, I Nlandatory Site futures 5.507.4.2.1 € — -------------........................ —. Mandatory Documentation of coirhlivict; 5.50:-.=+. .2 ' € I Mandatory Interior sound transk-nis:uin(with note.) 5507.4.3 � I Man'-iatory Ozone depletion and greenhouse gas recuC.ic,ks 1 Mandatory (C F('s) '08.i --------- Halons 5 ( � -- - 5upenmarktL rr Ir g, r.i nt leak reduction for retail i,:;;t 5.50Si 2 j Arta rlat rry stores 8.000 square:feet or more sections 5.5508.2 through 0-urcugn 5.50 .2.6.3 5.508.2.6.3 END OF NIAN'DA i(W`Y('ItOVBIONS Documentation Author's J Responsible designer's Declaration Statement 0 Mandatory: I attest that this mandatory provisions checklist is accurate and complete. Signature: € i ................._ _ _— ,_ . _......_ company: Date: __------------ .................... Address: License: —. ......__r_.._ _..---- -- CitytStatelZip Phone i ---------- 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE 159 NONRESIDENTAL VOLUMARY NlEASURES A55011 A(,,,-' a "Y" to all mandialory and Tier I picrcqtit sit.tnn�,stircs CALG,-eem VERIFICATION GUIDELINES in the approprivne columns, TIER 1 CMCKLMT Select the required number ofadduio;til electives -ronn those ,kppIkatk"u Ifis cWho shall be uwd Q nmresidential categories sMwn on Te table Klow W uld a "Y" on the PFojCCn`, lh�'fl, MzcCt the 011oving; new con,truckon, or buH& sdecmd elvotive and add an "N"or. the rest, Ng addi Own of 1100 squmv Met or greamr.or building aiter- Cowrt am totf nurnber of Tier I p-crequisitc nicasurcs plus atims nth a PUMA valmdon to$awmoo or nWM PMWME the additional electives and write ck'nvri ',()t£fl f-!,j to Won 3013, ANU) am adoping Tier 1 vOuMmy mea- the end of aw checkhm DeWmAne I the requitS invuber of sums, memures iia,,-: '?veil seh-L-Ick] to achie'e Ti-'�' 1 ance. ,W: AH awimble reqtvre�?wnis in t7bapter 5 sUh be ma pHw roap3pl'ying, I voh'mrar"": Y=m Yes(section ha-'s be-,?-,selected and/or include"i I N=No Qetvion l not been select c.dand/or includc(l) 0 Other(provide explanation) Comply xilit all Tier I prerquishe nwayus Kra Te vub [NJ=New cotnvuahn pursuam to `:es: hon 301-3 ow cwqo&s shown m dw ti ble bAm, [A]=Additionsand/or A.1terations j.pursuant lo, ccnon 301._e PLAN SHEET, CIAPUR 5 CODE DIVISIONS SECTION TITLE SECTON Y N 0 SPEC,On ATTACH REFERENCE DIVIION 5,1 &WM Wain paumm PWMWM ox YQMN Am Plannhtg wid y diouth Liss than I vcre oNanall Design ............--.-i_....... 5,106,2 Nuu`.�Iam'y nowwrn hicyle paricing 5A06AIA ------------------------- A HITT L2 Long-terul pa3kiog duough 1 AMA L5 5-106.5,2 .............. ------ — t5 r06 lki ofpurking r a ;� �11) ?-i t1 s.I Ate.1065J,1, idemilicalion A5.106.5.1,3, 1 01 5.i.4 5-106,52.1 ----—--------------- 15, -—--------- ....................... Wo A5 RX51 t Po Mq.Wy AVE 106 53.A 06, 55.3-1 ........... 5,10 6, ac'es p .......... .................... ............. and payng :eweption Ir addihons and u0m nm View!te&Mmge Pat) Go!rode 2.2):SR 175-wi�,-n---2;12, SRI 61 Wen >2:12 ................. ......... 1613 2M9 CAUFORNIA GREEN BUILCANG STANDARDS COIDE NONnESWENTIAL VOLUNTARY MEASURES _.......... ._._..._.._ PLANSg3ET, CHAPTER 5 SECTIONCODE Y N O SPEC,OR [iPIS� S TME A7—jACH REFERENCE Ail?, a,f.t Phf C or y F: ld h 1�r<'�: �,.:,,w i".� ?a" + 1012 1 r 11¢1&168)61&T,an L., nen, AT 1+ s.2.i Desigli ANMT r.1, t,s..Zde A.5_ 1(94.1. .'�.,7'63 t i T �!, ... - _ r - ..._. .� 14 (i.�£i id 7.Ifs£:t 5.,., i?t�?J fiiil i<i5 5 ,.a..:.,c t`Y i. 55, I�rr,?ivr � i., x05.t,? w Lr, lrf 1 and F mx numl l 1 t' e:with e�xcp"ion� , e Salvage 151(1.5.1. .. . . 16 2 _. �MI py i1.."15 1062.2 IAMM cd' I-rectrve P..ow:r,P1pa-:1J. r.,1)r;% ,zt'L_11)j 4 .'GtI 3f, i 1 5.1062.2 l:l('-dive (.'i2:T? IPt z{;y;i%i?;.S'tt'i%:tNi.' A5 W613 i i ^ 100 s � X c a,l"'°'u! t £ Jt 1063 J 1 AIMM, i n x..e..6+ r area,!)P_%tiv 4 7f DIVISION E.2 Ma1 ",atciry �NTt:ct ihe._r:ininam',encrwx c:flc .1,E y SIU;-'K` 5.20 i.I Emerge k' f £mf -)ol tt. mowr0 lEIICILYCy 1"P(}gA-5,203.1.1.1 i 1 1'i r E p>€tttl� Pan 6 scrvicefiov Tr 1 }tt L'Px l v7, 95% or 90 7L"a"' jJ03.1.2,t n ; Prc ccluisde allowance j Mom 0.5m renm `..: £t P 5£o 1 Al2Ih1, AM1.1,I 1"7 al Coven lower A521 L3 ._._ _ _. I._L._..... ..1,._....__f-.. ?`.b dve �<.£tVLims Lill ca ft�rn:i'; ?;, A'.212,1.1, i E Ai.212,r.1.; ljospe 1 s ,; 1 i .......................... —-—.. ?,., .:r e� C.s.r„is.r,:< ,t,at�.. t:; .,�, ,� 212,/.4 1 I3I4 I-, &3 Maw uc in ei'fnew b"xlien u 0 t . 4 .011 1 1 s+ter Am.cons nm m imn 100, 1 I cl Efftcie£3q and � 6f [ 19xCr � , +t+tv I S� _ — f.,£}Il�€fe 3$Bt}tt c:-Lon 11l1 t nlC7 (_ti+ +)[f -,(0, 3 I La ,1_tEo.l ...7>1:_N ON not mc ....AjJ.... .., _ % i lu+werb .lc artll 11 i <. t -11 14 --- -- _ wa :r12h i �., l _ 2#19 CAUFORMA GREEN BU8LDNG STANDARDS CODE 161 NONRESIDENT"IAL VOLUNTARY MEASURES PLAN SHEET; ' CHAPTE i 5 SECTION TITLE CODEY N ' � I SPEC,OR IYISIC7N9 SECTION ATTACH REFERENCE j ._........... _; i�iat:r.a-ti.'; iv :,.,v.C:,CtW Wwory T.;_LcTs li�attrr ' Nimamy Kiwhus°tt t I s ,: I I I l c 4 d —7 ,yT 11i jory titC e r faucets for wash -n£Ill aws lti.,dwy Food waswt_lspomj_ 53 0 3 '`a i r)' .'ate �of_ddit ons£..,c.CE.rsttt s 5.303.5 Wi.c at.G-y `�,�t��.}l�f;,r illnzab��lg tlxL�res arts`'Iti'i�§ �5.303.6 lvl l t_ i y 61L ('ct poths wmm A"in landscape arez r t li tows) 5--Z04.1 MmWwT t)at.,:-•£,, tur a wr supply syster:ls(wit t E'xce l_io,_s -4) 15-305.1.) r iJtic l requirements for o t©oor recycled yra(cr ly � - i y slipply 5 (1,5.1,2 .. systerns Move ove �."4C rgOat,it:l afe S'ysrems jc-in4loor 11've .._ � �A530-2,14 ' .. i-... -_- ,_ .... Wake its-' �,>j7,;:,3.:ES fs77 ft{anf t.`r'.i (' Lt'Zf mercia!applic tial; ' t;r`erive proal :a°er Supplied urinals /i5.3<13.11 --� W..,<tt flcru r?;rijr•.r>rrc ;15. 1(?r.5 I i E � RcstGraiion dare:,disturbed b ronsiructiot1 3 A5.3,.r4,6 w ectr e 'reirrnt<slv aerctop .>ate,.s !ivzt/r exception) A5-304,7 I I rrr+ri A_ pu cte mwwr xymns A-5.30.5.1 i -- _ _ Mem" A13012 Material 1 rr ped,.omen,l r Jac of totalmaterial�`ov 1 �� +�� ("'£i£Th4',C ati{4t1 lilcl £ =1tir£t E faciiiwN i V'S £ .; pmtcctioni .ontrol _t ratlx.ers 41 -rf_ti . NiNsnur cont—o£convok exo7iordor protect=t>n —.. _ _ ._1 ci..,,t:ol:11,.�,:�k .i, ._ ...,.. .. ..I....._. r c,) tilF ill R£)_4.' �'c t < cltld-Il t- rR(_ly vt17 C`flF. cL- I 1€o wli _l.l. 4tr8.t.' NOW 3 i._ ,iz; c mi1r€g t lr o 19whi � 1 > � � � i� tIc� < ,;;lge ;e .: ac�. L. € �' .i ;dt15=2 f , 3 cottS.i t � } i i occupith ex <f ti or,; Mal .: YF'} -',t r kc 1 i 11g b� o.C>1;)a..:. a.rlE_.£,_,.,",.L ith exr:ertio'11: 5.411P , — R_; i 1 g by on i,,.am,:s3ne W.t.i.;we 5A 1 C..E2i I 3 N ;r.r•, : �r,r,.. c�r moi ,:<I .j�7 !£1 ,lU0f«,,1 _ ,.? 1- - -i � ---- i 1, 162 2719 CALIFORNIA GREEN F3U LMNG STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES LAN SHEET, P CHAPTER a CODE T SPEC,OR DIVISIONS SECTION TITLE SECTION Y N C) ATTACH j REVERENCE .::ltlri tQ�;j i O T.F s 0%vncl 10.2.1 -. 1)(I SION 5.4 ; { _._ ..........._... Nfateriai Mandatory Basis of`)c-4,n �01a_. 1\ :0.2.6 �_� (_csrzs rvatioll and f i ssitarce \-ianua€ory 1 at ;N. 5.410.2.3 - - ----......... _ _ - k1fzciency Ntandato y I'unetional por,f nialice 0).2.4 vfiu.q'.atory Documentation and tminir-Wi 4.410.2.: Hand;tory 5, t>.ms mr,u<il 4 —� 5.410.2.5.1 _ ........ Niandat£try S srt'ms QIJ don tl ining'IN '.410.2.5.6 Mandatory C::c)trrni si01-11i g e;>c t N 5.410.2.6 ,y `I'estin Susi ac,ustlig I'm tic lniih s t)000� M andatofv flewsyst--Mls Ill I( ,tsldit,o 5 i .,1 ;ar�,_uras S}sem 1"est r g 1'1an for rei:ewa<:;lri:;?: � . L.ndsr.,al:ie. 41 C}.4.2 ; 1z�.udatory ii rigation and;�its r tt ttse(r1 _.... vlandatory P ocedu r.s fez testing n, itlltist'nf _.........._ ``'10.4.3 __ __.. N-lanla,toi-v Procedures far 1IVAC::batat cing 5.410.4.11 Mandatory Re ortinf; :r tti_stii g and adius6nt_ x.410.4.4 m� Il widatory Operatioil and ina.i^tc_;,— e(Cats,M) 1-m� :fl 5.410.4.5 l 1Vlaandaton; Snsocclion.and rcl;,rts - — — x.410.4.5.1 _ 51.404.1, - EeC;?IYe 1Vood.;7{If>?lrir or t1Vl;w/nof(r 5,404.1.1, ; ,�.�9(14.1.2 1>(Ec;iie Regional n?areriUi.r_._ -;.5.4015.1 __.......... �__ I."le,^.tive Bio-bosecl trrtteriais >.4f15.2 i Tic iriv?'enewable?nater iol.S :5.405._'.3 j Elective Rer_esra°;r<cfterir.,l ,,:enc-t<- A5.4052 —_...__............_ Etectr:ve Cement arm concr-e e:r(,,men: 5.415.`.1 0 .. (er,>,arzGena'C-�orurnt,y. r Wrtcfe Pi; SE�rLi:� �f.i' ' ISGPCI7)'P r �i� R1ti �J,1 fi 8:1Zgr2 4;7lrLifiOn r i 7,id%,7.5.2,1.1 i 5.=05.53.1, i a, 40,5-55,3.1.1, 46b '.1.2, Cement rv.£(concr;:e:�.r1,r.,c:rFcr �_s.,:£, -c r acr,r,G I `,5,4f 5,5.3.2, `.41)5.5.3.4.1. -5.405.5,32 2 w 5.41155 j2,.` J 1 Life c,cie u rte—?!'rr,. i [ AP.9 1,::..,:1-c: s'i'k)t, :(E�?.-: r��, Wt'tw)'; C f C i'Haferials and -4r 9..1 : t� 5rbs✓,ar � _ �r r r :rca r .. �.� F i. �1 --- i 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE 163 NONRESIDENTIAL VOLUNTARY ARY N'lEASUREE FILA �IIEEI', CHAPTER 7Eri a CODE S'�EC,OR DIVI51&NS SECTIONTITLE SECTION E ,ION y g � , TTAC'd REFERENCE DIVISION i„° ° C ' Cc} t ......._ (,n pt ed i _ — t t., I rt Y,.nu\ vent toll I C.o4,i 9'0"duc'[_ ) el"tis"3 i.d"orotect 'n o1-aS'i,J; a ;.d,equipn1c lit duritlE,uf)n.._,Cldrt�:s'i x i y"I i2wry fair t",aind c atin f ;pct , -- L.i . ;: _..C.,..r.cctt t o : 7c {Y — — .iClstts.r}' :fieer:s l p E;'t.s ICI M MWI . � ill;-ati •' � 5 ., V1 n l It0l'v CMpe.l.Systems w x€rts.ry Cas ret cushion �I: ry ti � ;ti:ratary C,<Trl.t;t a(ihr;sl,es der Y'ai)le:r.5??.r.' .. ._. ....,.. _ — _ C`�lm Ilomtte,wood p-,odu,a Cic-cm c ta6o;i pli.' fli rl.fl o )(R 5,50,4-1. ) tl __.,,,.... btz.er tatct� I�es:I'm f.,ctina:verfic.ttion a c-ollip r:cr . ... _ — .. .......... Ri;srl nt t?#x) i a i,rs`Yrtz 7#=?y tPPt, ,r;, .:P,.,., 3 Pre r""j Il1.46dd cXJ77pfiance) A. 5 h,f_, _ ler I Tier i;i<,;;1:-vcttifi'(7eatr o.i 0 Cr,MM?rill, _ __._. �T r )atr s F IEtc"S p i;i7 exoc t?cr3 t �t B I l Filtc"S:labeling I.`".St.'�.`s... I �— k1 tlC ' ra Y>nti't 1]1r r l I n st-n.,. AH-M) I L`n.)ry (h, ca ncis:i.,t cor__-0i � t Me, �{ta;hutst . ,t._t?_, lr ;ri°:a _ I _..... __.. _ ............. Nil 3 �• ,� rte I?IWLi�I� t r, � r t, �. � _ ' _ — ..._..... _ ._ -',• c r41.%r .S t� 'l 1. i..3 f ( c,� i .. r. _ _7.0",,L..< €,C.LIS z.. _ .._!............ _......___ i 164 2019 CALIFORNIA GREEN BUILDING S'ANDARr`S CODE NONRESIDENTIAL VOLUNTARY MEASURES {ALAN sHEi7 CODE i ISPEC,OR ; CHAPTER 5DIVISIONS SECTION TITLE Y N 0 SECTION ( � ATTACH ' I REFERENCE (Continued) A5.504.1, DIVISION 5.5 1-`;ecwVe I Ir " "fr<, A5.504.IJ I Environmental A5.504.1.2 � € A5.504.2 I I s i A 5.504.2.1, 1 :iecfi e i:9 C?rc•3t, A'5.504-2.1.11 j ; A5.504,2,1.2, f A5.504.2.1.3 II e; c a rr cte: , _� t'c-, 1, ','°. -clic:j A5.504.4.5.1 r. t t s A5.504.4.9, A5.704.4.9.1 ;tech,': flet:';r"d.j f;:..,._...,<rie. cn0e,tuc< ®11,rta i s A5.504.5 _ .. _l ., A .5 045.1 It`t'C 17i 1s:afC7;u:-u:ji ?o;fafrtrt oaa"cr:> A5.504.5.2 Z _..W._......._.._...I A5.507.3, A5,507.1,t f•�tVf('f t}:` Ji(, rPF7jn J Sp.?J'E .5..../637;c -1..T}iel(:'.,. t1A' ugh A5.507.1.2 E.F.'f''f1C Di iv ..t A E//s,..'. A5.507.3 '_.._____------------------ A 5JWJ ... A5JJjJ I .. Elective A5.507.3.2 I l icctiv€ T c'rcx:)t= .:t:�.,r�rli !_a� ,�tt!r�`:. A5.508.1.3 1 lgtr:Pt ve !IA dre3aiu A5.508.1.4 ,Addis 011, Add 37:a;i.iCYr,k Tol l number id Meas fifes-eq(d ed � 15 � :, re- :d:1t,.n:�er cf s�.i�,r�s:..�.,set_ i DocumentationAuthor's i Responsible Designer's Declaration Statement Check the appropriate boxes) for the list below. I-] Mandatory: I attest that the mandato y Droy-isions checklist is accurate and complete. Tier 1 compliant: 1 attest that the total numbe? of vo'Untary il—.easures selected meet or exceed the total number required to achieve-tier` compllarice. C' Partial Tier 1 compliant: I attest that the total number of voluntary measures selected do not meet the total number reouired to achieve Tier 1 compliance: however, partial Tier ' corrlpiiance has been achieved. E --..._._....._... ...___...........__.__._ -- --.._........_. Signature: I Company: Date. -- ._...._-_e _ .__ _- -- _ _....................._... ..... Address: License: City/Sta;elZip: Phone: I 2€119 CALIFORNIA GREEN BUILDING 151ANi'Js'hRDS CODE i6 NONRESIDENTIAL VOLUNTARY MEASURES A5.602,2 Add a-Y- to A! mandatory and 1-Fier 2 prerequisite incusums CALGreen VERIFICATION GUIDELINES in We appropme columns. DER 2 CHECKLIST Select the requked rurnka of M10=0 ek&vm tam those Application: I'his checklist sKH be used for noniesidenbal c'atcgoncs shown on uhu, lable. below and add a "Y" on the projects that meet the foLlowing: ne", con suction, or ;?;11=;1. seleoul clecAm and add an "N"an dw rem. Wg addiUmm of 1100 S(lUare feet or greFtcr,or builciNg An- Count dw W n=Qu of]icy- 2 prerequisite measures plus <`d ns idl a pump uWation of$204„i,000 or njore pursuant the addiifunai electives and %whe down the total nmnNr W to Section 3013, AND are a"NiNg 1hr 2 voluntary mea- HI C end Of We CheCUSI. DC10'radne if the reauded rimnber of moos, 'Mu 2 mnsues have bea"cKWd to achicle 1%r 2 comp? ancc. Note., ,11/ npplicable inlndarmy, r(quiremcnts in (:J.,,apter 5 shot!be nr'etprior to appiying 7-ier 2 voluntary nzea.mres. Y -Yes(sevion has been and/or included) Instructions: N -No(nution has not been selected anWor 5duclul) 0=Othcr(providc exiflfull ation) Cornoy wRh all-1hr 2 pmmqWs,.te -neasures from the vari- [N-] New conx1r3.cTion pwsuam to Section 301.3 ous categories,shown on the table below. [A] Addhions and/or Alterations pursuant toSection 301.3 CHAPTER 5PLAN SHEET, SEMEN TInE CODE SECTION REFERENCE N 0 SPEC,OR ATTACH REFERENCE DIVISION 5.11 Planing and Man'datorydisturh less than I acre of jand wawgh Design A HW2 (continued) Nlandartory -king A"MAT 1 Short,tcrin bicycle pal I RMAA.2 Mandatory Long-term bicycle pari ing aureugh 1 REA 1.5 Mandarory DesignatedipakIng Ar clean W"Wks 1. 106—n %hpuawdnanKing o/'p<,j,?-knzg A_1 1 Pruyukhe puthy sudd nwrkogs and W Newpavon AS MI 1 L4 —------------------- PAamiatoU Parking stuth markirig 5.106.5,2.1 Nfauxlat("t-y Sincoic charging,sp"U.0 1 1”.0.5 3, y1jA2 ............ —--—--------------- - ----'- .�.............._._. _ t�E, ( rt:rr e,rx ho'rping 4.5, J- -2 iden"�rficuaon' r,,,5.I()6.53,1, Pre?equisW parki?q;(n;"o"van-e M6513. 5.14 Muclumy 5A04133 .................. itZ. I Funuc chaging spmes', 1 KNOW (c ...........--.........— ................... ........... Nbpdmwj kht polkhon rechictiop IN]jwAh cmcphys tod 06, • ........... Gxradin�'and paving, "'excol'!ion AW addhow To thc J-,ath) 1: E10 ............................ 'Du 2 2io`ioil..2.Q SRI I 2,7i�'Jzen > 2.,j2 ............ 166 2019 CALIFORNIA GRE EN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES CFiAPTEF3 5 �- I CCJl7E PLAN S4EI TT- if SECTION TITLE Y N O SPEC OR ATT-LII DIVISIONS SECTION REFERENCE A5.i6)3.1 !DIVISION 1 .. — _. .. . _. _ L ht£rn rr)r,1.t of go belt :.c A5-103.2, A51 i' ' De fon t---_ _.......... ' AS.104- - :.. . Redilce"k#_;.., �nE; l�:(oleioptilr„etrpen Spt.c`€� �S ]<uiJ.1, i AJ.104,i.7 ' A.5.104.1.i, I _._ nci rerise C 1 5!t P kYdt. £ it/ A7 J05, 1 r t.&tS r .e� f_c ..+.i.._:v .J..,..:Lsc.(.d..<_E.c,1..7,..1 1{i?,t 7 ce .y.£ ...� -{ j Y ;i J ' b f c: ,i: S:ri -viol tiS 5,106,2.J, A.d lir ...Z.21, j t j h 1 i a„ ><6 1 tJb.i. 1'5".1063,2 ti;e ;',:n;�rr? rc)�-ras,tis i,ute A.5,106,43 '^ e pent iree parking cpacia y nation ,5 1 06.6, .61 (7'E' iot 'E!„ Oli'il:17Y(' ,1 f.rc£`.St(QttOt!EtYsC+IUY OptdE'!FL' p€ A5.10 E r 35.106.11 DIVISION 5.2 %1 ;'t 010 M-111-110,11€ .cry _ flICiet,eV stat d d 15.201) 2 4 Ir.e_r t!gr,inQ pmver ll 1 _- rzU5.203. of . - !t 1 1.1 PreLnr,tsite Ti 1, "� .r t iF, ,1 r f, .vorer hemaine in restmirom's of A5.203.JA.2 I 7"c t £_r I�r! 90r 'r rs 6 cdculated ite le cif tii!ci8;,r.,�,�)lec'rler .latli oc;lnsenrri%fon; AS-211.5, A5.211.1.1 ' A5.211.3 i car llg'h-,timd_ 'a A5.212.1.1, � I 1.'212.1.2 i I ; 5.21..1.4 ie.... i 5.21 11 1315'I IU .53 Ser. ,c n ilea mc'.o bu ldhivs ur additions>50,000 sf � 303.{.i �i';3iet• + � t «ani#uri monc,thtu. 00 Efficiency and s mtc Illotrr. (1,01-W# 1(s m ) €uildir scar ad.1_- conservation 't t uri tr it illore h # 1,000 d/d av) A5-303' -- — -- i 1 9`t t ,s FJ?6”Y I is t' 23<' � .3.3.d... 1 _ t�., 1...1 s gi':# 5.303.3.1 5.303,12A att- al\ n o ex.,t,cd 0 . z11 .,03,Q 2 ,:#3�ish,.,� :,r}t i.t�;ti t �t.:r.<:x:-'::i:_i i '•.z t%#:-,'9 i. ` .303.3.3.1 ni'r 11111;,1?t. [t:?`"rlt;`S; tiIu'-t#I r)v :,.,;d u112 olle xIlw'%t r'Ji:'id iIave a 7.303 < `._ - ;.a�rnh, i�,. .? SO Iss - 2019 CALIFORNIA GREEN BIAL.DING STANDARDS CODE <67 NONRESIDENTIAL VOLUNTARY P ISASUHES CHAPTER�_._.. - SECTION PLAN SHEET, IAVISiC3NS� SEC CION TITLE � TIO Y N � 0 � SPEC,09 ATTACH : :ERENCE Water "b'Iandatory Xi'v'hcn 03,14.2 Ef'ndency and _._— — ._.-- _ _ conserA°ntf£art l n ur Z�2M OLi r<: ;s _� __. —_ —.__...._ _.- I Mand m R:tt.whums 5.303-14.4 i .. >Sa 3 I(;ry Mvt cE =s l.a, <3013W I m— 't- Fit tory Areas-i dd ii.j; i_r d i-tu'_.:.25, 5.303.5 Mandatory S; rd 1 ds f':=t ;?h:::'bhW smury WK Mms t.3(3'6 vlar;datery OwdwAk 5,304-1 [ 1 noes) Nlmdaatort' tt:xMl A ;owur<,.:i:_nt...,,r_.m ,_. ,cq lid :r,lr'r supply systems i J-,3ec1FvS of ��..sate;rut�>'sp-st rs,.. „r ar'r;ctf Erse i,^,03.?.14 I r sa pied w-b.Ws .Ele,'iive Dwd t3f.'ft}tbi1 -,g ATW5 l..Jecvive rCe,tor .r,�n - e c i (F.(.<i,:e F Yf'b t,l[a3 t Lt3z'rj _.,�b Piz .. ATMA7 t;JeCfl1`€; Cinoyj vatE't' I _ _.............. _.__.._.__ _ DIVISION 5.4rf;lt bier Conservation Y'.'Ffr,fiat 4r.e .,• :<... : ...._. ..rough and Resource 40.5.4,5 { i ffd£tztrracy j;Eo ..:i 4 07.1i_. NI ,a:: 1foisture c.... ,. t .:. , ,. -T{;".W..._ I t..o n's mu tion x < l r i 3.0 11 111 .Il}?� \ },A._ —_. ..............._._._ 1.i.TTG 1 1_Wt.. or 15 Af`,,T1 i more Qtai v ct?:'.SC'-:SUt:,it? - s. -m.--'rmgcmm d,:J:.[ ikH..�;� _--+'.-,f.ti ., .—. ._........ ____. : _..—. s _ 4 �..�. re ,c:t, 168 21119 CAP FORMA GREEN BUILDING STANDARDS SODS NONRESIDENTIAL VOLUNTARY T•,1EA;"aUR S ................ --- -----------. ............_............____— _, _.�__ _.._._...___ _ CHAPTER v CODE PLANSHEET, FI SECTION TITLE � N 0 SPEC,OR ATTACH DIVISIONS SECTION REFERENCE y (� pn q to `ort wc,,ve E DIV ISION 9 s'�f z �.t,d, .r ..,, l-f ...,.,. I'A�ill K. 6 ...2 ................ ('turas r vatia.pza &; ti to , Rc cl ns,Ery occupants(with exception) and8cotrzc€. tt;a �'ru,� 1�ecvding .y occupants:adc;a.k gin..(,nit1€exce t.um) 5,410.1.: "�'l flllilat'.r1' Rocyclit€ .b, occu-ants;sample n£3z1C;r� 5.4 1 0.i.2 ' ,i lsn:nr S 1::::ar;,new°�ukl:hr€rs ? 10,000s'� .1 5.410,2 1 I Owner's U Ov,ner reoresr ntative c Prolec Require- �andatory 1 :Tne'Gt� thli [tv .'; 33 _;ars L? (fjC?M(.`4 _.. _ _ i . __ 4 A (L IrIru {�o,ts;,3S _r: ng I tan N] .,�1tt, „3 -[assd nit t � Eng to P.Ilrrnuancc testing IN 5.410.2,4 ......... Mandatory D currant, ion and t.<anin.-[fid] 5.A10.2.5 I 1 }t 5: 3114 l_..-=Lnrt r Mt:.:d< .ation training;ti] 5.410.15.2 9<<rsd„> r; Cok:ir i:ssirarin _eno;t[NI 5.410.2.6 T ildu.t stim-,fbi new buildiiws< 10.000si ov laand<tto€y 5.410.4 ,iclJitirrnsor alterationsJAI .[ [ S)stem Te"I snia Pl.rtn f'or renew"11,1 t rgy�,7andsca,ko _ fI t atfat; 5.410.4,22lrl'€g,anoi€rJ1"•J-od tef ratSCP '� stingy and ach"is ing 5.410A.s Nlantclatory Procedure or HVAC balancing I Mandator". R u,-(,I, tr.tnn� ,uld ttl)instlm- 5.410,4.4 l -. _. . Nla,Bator: �t>I,:rat_. _,.A-n aintc-nanccc(O&N,1)rua :ial 5.410.4.5 Mtars ixtt;:; } In ;nc,,.:-ic;in;.c',c 1­)OM 5.410.4.5.1 h 5.404,1, }.nOC,'•ts 177,”,or()VF hv;rh note) A 404,1..1, A,�404.L2 I = . 5, _._ -------- _— __.-_ _......... ��. Ciittis `,4052.2 ,15, 05 A5. 4, SCM S,yffix '1 ............................ ( tYt.tC ..•f) _f/ 3 ..-Drab i;anc-- �05. 7 s A i3. .i. j � ,1_,•t�. .. 3.2.x, � I c 3.; i ---- 5.4Q),(, i ni't r S 2, L-------- ......_. - ._._..__.. ...____ .............. ..__ ............... ......_....._. ._ ............. _____ _—._ —.. 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE 169 NONRESIDENTIAL VOLUNTARY MEASURES E ,O ATTR, GFIA�'TFR 5 DIVISIONS : SE�;YBC7hd TIT LE SE�7fON DE Y I Pv� C7 SPEC,{)F?ATTACH � REFERENCE (conttned) f ic. 1 _ sr d:EL 9<409.; DIVISION 5.4 _ Material � A-5.409.2, � ! Conservation F'..i'�a16 E a .IC. c t Ct., ;:3"., A5.409,2.1, and 1 4E EjG - att€ ResourceEfficielley yS A5 lc U Flc t.:-t; u. .t ll.�; €.lc! }?r yt ,C,t ..._tis A5.409.4 ! z Ell : e: X5.409.5 DIVISION 5.5 � Manciamry 'Fjtq ., 5,503,t Environmental ___.. ..___. Quality Ma r:; t __........._I ��€Ittl,nl�htcts ip€�ning;s and�rif�c< € .n1 ? 504.3 i ,. ?s:�.!Si'ti71i.]E G.�{Uryiit Eanl t1UCl Its Ct?lifitrrlCI Ct -- Ta ,landat.or, (r�,. -Jvc.....trla :nc ;inks {.504.1.1 -- :w; `i i='s 504,4.3 — _ ._ _, Ae c:;, i. . :,.:d, : ti igs �, 504.4.3.1 - t.: S. f rilat:::ti.t .... 3.�) _.. ._.__ ......_ N11 1:W d -t} its >.<k, ... 2 E�� _._ r t, ar �., lte; '504.4.4 :F"£aillj Cti C)t�; 1.. l,';..1-i:- ! U+ri.=1.i --- t�1R�rc-.0 _ :at_c 5 %4,4.' -504,4.4.2' I 4 _. v v'i.� ;r= _ets S.504.4.5 1 (< i t € C €tl:Esi i :ri i;it::ts. 4 I,ri f trrr � �u .€7i 5.504. ._,5.3 N1andtwt, -- 5 504.4.b s tC'Y 2 i�'_ljt is 77(�(1,t 1. { 4 r.�r j f +;# :ctit'.tl''t.>?1. A5.504.41.1; ;, ,., .r. fre3ri S J 8, r Nland�ol 5.504,5.3 — _�— lattd (<< ! 5 _...... 505.1 I Mandato1 a;.i s i s s f 5,506.2 E _.I 4. f 607 4? 1 I �L 5 f 1_.....__ _ 170 2019 CALIFORNIA GREEN BUILDING SPANIARDS CODE NONRESIDENTIAL VOLUNTARY ie1E:ASUEIES � (� PL CHAPTER a � CODE � Y � r SPL OR t�f GQNS SECTION T{7LE SECTION ATTACH REFEMENCE _.._ �vNi�ndatory Site _ f _ t.....,._ 5,5(142 1 ! 1)1k'1.SION 5.d El;tiaiioaisiaenlal itsndaroryocun'lenta`ion of co_Ei Bance. 5,507.4.2.2 _. Quality ..._........ ......................._..._. ---- f l mdatory hVierior sound,transmission(with note) IMPA3 M:tm i it y Clone dph"n and grecrih use gas Tt.Uti ions 19M. Matic ator ;C 1rlE°tinuflucro;ubons WKsl `1 a°id;tory '1 Elaions [5.5(} .1.2 I_ Supx.rrn ulct r::frir+er:int leak i.c.iluctiun for retail food 5.508.2 Mai,d-tory 'AM—eS 8.000 squam Icet or mom Se-etions 55tyls.2 thromh through 7 508.2.C.3 5.5(}1113 ; ------ ---..-__ --- A5.504.1, z:lec:tEvc Indoor air ot;a;ity(1r1Q}during eorstrnetioii X5.5011.1, E A5.504.1.2 .. _ _--. 1'.1e t.ve 1AQposteonstruction A5.504.2 MaMa 1 131st Live 1 IAQ testing ATSM2 LZ A5.5(i4.,,..1..., _.._...._._................. . Flective No adde=d formal de.hyde Tier 1 (With notes) �A5.5044.5.1 ,Eccove Acoustical ening,,.diel wall peels(with veri ic.ation of A5.504 'a j,� crrlyh�i.i.cet AMIL(,9 4 ).1 l;iective ilat:ardous particulates and chemical polh tants A5.551.5 E 1ubve Enttvway Systems ATMAT I �I hila- Iil,le j Isolation of pollutwit Sources A N5J 2 A52i+'.1.1 E?lectivc j LAghting and thermal cor,bn controls I � ;thrMg;. j A5.507.1.2 li.e.ctve 1?. AMM lig;ir j i ulective Mew, AMU I Flective Interior of ice spaces A5.507.3-1 Elective �Multi-occupant arses(with execl)6,uns} AMM2 ,2 � E:lcc i+ (lychoe!ilo. luoroca eons(1IC1 Cs A5,50S ..s EIydE o luorocarbons:;E11 ti's) MAN �.. ___....._. AMAJo al 3 Select We KIM&me-asums from any WNW I j .. t-.! MIM—Per i?t °v1�<::�it f _I .".-Ld forTier 2 I t:_I nunber of M sures ,n-:i`r. 21359 CALIf•C}RMA GREEN dill_i.'sBNG STANDARDS CODE 171 NONRESIDENTIAL.VOLUNTARY N4EA URE t ncI m nt tion Arrthor's/ l3csportsihin Dersirn r C?ccl 1ration Stntcnnenf Check the appropriate box(es) for the list below. Mandatory: 1 attest that the mandatory provisions checklist is accurate and complete. _. Tier 2 compliant; I a"est that the total number of voluntary measures selected meet or exceed the total number required to ach!eve't ier 2 c,ompflance. n Partial Tier 2 compliant: I attest that the total number of voluntary measures selected do not meet the total number required to achieve'tier 2 cm-npiicance; however, partial Tier 2 compliance has been achieved. i Signature: - -__ __...._............ I Company- Bate; _ c rens; License: I City/State/Zip: Phone: 172 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE Town Conneil Meeting TOWN OF TI13URON November 20, 2019 V, 1505 Tiburon Boulevard Agenda Item: AI -3 Tiburon. CA 94920 STAFF REPORT;" To: Mayor and Members of the Town Council From: Department or Public Works Subject: Consider a Power Purchase Agreement with Energy Systems Development for the Police Station Solar System Reviewed By: U-7/V Greg Chanis,Town Manager Benjamin Stock,Town Attorne SUMMARY On Apri1,3,2019,the Council considered a letter of intent for a solar project at the Police Station. At that time Council declined to move forward with the project. Staff worked with Energy Systems Development to reduce the cost of the project. A non-binding Letter of Intent Was signed by the Town on October 8,2019. Staff is now asking Council to consider a Power Purchase Agreement. RECOMMENDED ACTION(S) 1. Move to approve the Power Purchase Agreement Contract with Energy Systems Development for the Police Station Solar System. BACKGROUND On April 3, 2019, Town Council discussed whether to sign a Letter of Intent (LOI) with Energy Systems Development (ESD) for a Power Purchase Agreement (PPA) for the installation of a solar power/carport at the Police Station. At that time, the proposed PPA project was estimated to result in a net annual increase in the cost of electricity in Year 1 of the ag►-eement and would remain 'cash ne(,ative' for the first 10 years of the agreement. This unfavorable cash flow was cited by Cotlncllmembel'S as a significant factor in determining not to move forward at that time. The finances associated with these types of projects are largely driven by the initial cost of construction. Subsequent to the April 3 meeting, and i-esponding to feedback provided by staff: ESD worked to modify the design to lower the initial cost of project. The original design was based on a 'hard cap- design. This means, prior to mounting the solar panels, a cap is installed on the carport Structui-e, and then the panels are mounted to the cap. The advantage of this system is that it results in a I00`% waterproof structure. The revised design eliminates the hard cap, and instead. the solar panels are motmted directly to the fi-aming Of the Structure. Based on this revised design. ESD has provided a new financing TOWN or TIBURON PAGE 1 OF 3 proposal whereby the Town is estimated to be cash positive in Year 1. with that amount increasing in each subsequent year. An item considering a Letter of Intent with ESU was to be considered at the October 2. 2019 Council meeting. That meeting was cancelled due to a lack of quorum. The Town Manager conferred with members of the Council Sustainability Sub-committee and then signed the non- binding Letter of Intent (Exhibit 1). Design ofthe solar carport has begun. The project is time sensitive due to the tax credits required to make the contract financially feasible. As this meeting is the last working meeting of the year, staff is requesting that the Council sign the PAA contract. ANALYSIS The revised ESD proposal is attached as Exhibit 2 and includes a 25-year cash flow analysis of the proposed project on Page 5. As opposed to the proposal Council considered in April, the updated cash flow analysis indicates a very small savings the first year that increases over the life ofthe project. The project is estimated to save $598,000 over the life ofthe system (25 years). Per the proposal, after Year I I of the agreement, the Town would have the option of purchasing the system outright, with the 25-year numbers depicted assuming the Town exercises that option in Year 11. As a result of removing the hard cap from the design, the carport will not be 100% waterproof, and we would anticipate during hard rains, some water would make its way through the panels, dripping on whatever is below. However, the proposed system would provide the same level of sun protection as the original proposal. As Council noted in their discussion on this matter in April, the primary purpose ofthe project is cost effective solar energy production, with protection provided by the carport structure a secondary benefit. Staff feels the revised proposal strikes the appropriate balance between the two. Council is being asked to enter into a contract for the structure and power purchase by authorizing the Town Manager to sign a Power Purchase Agreement. which is attached as Exhibit 3. A rendering of the proposed structure is included as Exhibit 4. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements ofthe California Environmental Quality Act (CEQA) ptnsuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project trader CEQA. and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve the Power Purchase Agreement with Energy Systems Development tier the Police Station Solar System. Tow 0r T113UR0N P. 1,2 or 3 Eahibit(s): I. Non-binding Letter of Intent with Energy Systems Development for Solar PPA 2. Energy Systems Development and PPA description 3. Power Purchase Agreement with Energy Systems Development for solar power at the Police Station 4. Rendering of the Solar Carport and the Police Station Prepared By: Patrick Barnes,Town Engineer TONN or Tl litlzON P, i� ,3 or 3 EXHIBIT 1 f I t a a Letter O ) z �� Stuart Chang,president � Energy Systems Development } ' Fyl«` 1ii Orn O: bI run f 5420 Douglas Blvd,Ste g k Police Department Solar Granite Bay, CA 95746 _ 916.768.4711 (cell) ENERGY 916.772.4936 (off) Prepared stu@ESDevelop.com SY S 7. T,.1S DE E LOPFIy`1r117 March 18 2019 TERMS OF POWER PURCHASE AGREEMENT Energy Systems Development, LLC., referenced below as the "Energy Seller", and the individual or entity referenced below as the "Energy Purchaser" intend to negotiate and enter into a binding Power Purchase Agreement "PPA". This document sets forth the principal terms of the PPA for further good faith negotiations between the parties but is not binding. The PPA will contain detailed terms, conditions and covenants governing the subject transaction satisfactory to both parties and approved by the Tiburon Town Council,and will be subjectto availability to ESD of sufficientconstruction and project financing aswell as acceptance byboth parties of the final Solar Energy System "SES" design and specifications. The terms stated below are not binding and may be subjectto change based on the final SES design and specifications. ENERGY SELLER: (Owner) Energy Systems Development, LLC, or its assignee ENERGY SELLER CONTACT INFORMATION: 5420 Douglas Blvd Suite F Granite Bay CA 95746 T 916 772-4936 ENERGY PURCHASER: (Host) Town of Tiburon ENERGY PURCHASER CONTACT Town of Tiburon INFORMATION 1505 Tiburon Blvd Belvedere Tiburon, CA 94920 SOLAR ENERGY SYSTEM (SES): 58.24 KW DC Nameplate capacity mounted on carports ANNUAL PRODUCTION (APPROXIMATE): 82,000 kilowatt-hours annually SES SITE: Tiburon Police Department -West lot 1155 Tiburon Blvd, Belvedere Tiburon, CA 94920 _ SES INTEGRATOR: Energy Systems Development, LLC INITIAL PPA TERM: TEN Years(10) EXTENSION TERMS: Automatic extension for up to four(4) Extension Terms of five (5) years each, unless terminated for Event of Default or by User not less than 120 days prior to expiration of Initial Term or Extension Term, if any, ENERGY PURCHASE: 100% of SES Energy Output during the Initial Term and all subsequent term extensions. ENERGY PAYMENT RATE: $0.2284 per kWh during the first Contract Year of the Initial Term EnerqySystemsDewelopment-Proprietarylnfomiation Page 1 ENERGY PAYMENT ANNUAL RATE 3.0% Annual Escalation or PG&E. Whichever is lower for INCREASE FACTOR: year ENVIRONMENTAL ATTRIBUTES: All environmental Attributes relating to the SES orthe Energy Output will be and remain property of Energy Systems Development, LLC, or its assignee. HOST PURCHASE OPTION: Options to purchase start year 11 and annually after RISK OF SES LOSS: Host bears risk of SES Loss. INSURANCE: Commercial general liability insurance with limits not less than $2,000,000 for injury to or death of one or more persons in any one occurrence and $1,000,000 for damage or destruction to property in any one occurrence, with aggregate limits of$5,000,000. Worker's compensation and employer's liability insurance, including Stop Gap coverage, in compliance with applicable Laws with limits of not less than $1,000,000. MAINTENANCE: Owner operates and maintains SES at its sole cost and expense with reasonable access to SES granted by User. ACCESS: Rooftop_, Parking Lots_X_ Ground Mount_ ROOFTOP/GROUND LEASE: Rooftop_, Parking Lots_X. Ground Mount`, SECURITY DEPOSIT: TBD BROKERS: N/A The parties hereby agree and accept the above PPA Terms as basis for further good faith negotiations of the PPA, subject to (a) additional teens, conditions and covenants satisfactory to both parties to be included in the PPA (b) availability to ESD of sufficient construction and project financing funds and(c)change of the above PPA Terms based upon the final SES design and specifications acceptable to both parties,and ultimately approved by Town Council OWNER: "ENERGY SELLER" HOST: "ENERGY P KCHASEI;?'' i 1 Signature: Signature: !`I i Name: Name: Date: Date: _ • - /� i Energy SysterrisDeveloprrment-Proprletarylnforrrtrntiori Page 2 EXHIBIT 2 4 -------- -- - ---------- ---- - ?) { � QENERGY - - , Energy Systems Development can design and Install a Carport Solar system that will meet your facilities needs. This highly efficient system can: Meet 85% of your electricity needs Provide rain protection in Winter Provide shade in the Summer In a Power Purchase Agreement the City ill Save starting Year 1 ! Solar PPA cost is lower than h; PPA = $ 0.2284 /kWh ;\ Utility - $ 0.2290 /kWh Guaranteed to escalate lower than the Utility P-- PG&E P &E 20 your escalation Ave 4.80 3PPA escalates at 3% IRE- Or Utility rate whichever is louver This System will save 2 518 over the next 25 years f Energy Systems Development - 5420 Douglas Blvd • Suite F Granite Bay Ca - 95746 (916) 772-4936 �1 ` fY ,..avoir exs � L z•---:a�� TIBUTOV POLICE ST.17YOA- IS7 fC 0JR F,: fl,=rZ2,9 j------ - ���-=1 p t 7N9 f;00p{:F. 'C=2J.26 t ol4 I,L INTE J _ PI PROPOSED SITE PLAN �I C'}a 4 i —. ( lis N"r FOUNDATia,.S.TlPZI 1 r — — I 1 7 14 7-v 8'-6' .•/• iT U' i2'-9'011 Pr 1 b SPACE SPACES 0P tN N 1 f.;ST. > t•J:L GS.J •IS?' 6C< I � i jl 1 ' � i�s 1 T„ Top View a, Via€ f "`� r Wood Column Cladding � �ti ,y ' M Letter ®f intent Stuart Chang,President l f�$ own ®� T���F®� Energy Systems Developmet a 5420 Douglas Blvd,Ste Police Department Solar Granite Bay, CA 95746 916,768:4771 (cel!) ENERGY 916.772.4936 (off) Prepared stuLDESDevel o p.com S,YS7 EkIS EVEL0PP,1&" 7 March 182019 TERMS OF POWER PURCHASE AGREEMENT Energy Systems Development, LLC., referenced below as the "Energy Seller", and the individual or entity referenced below as the "Energy Purchaser" intend to negotiate and enter into a binding Power Purchase Agreement "PPA". This document sets forth the principal terms of the PPA for further good faith negotiations between the parties but is not binding. The PPA will contain detailed terms, conditions and covenants governing the subject transaction satisfactory to both parties and approved by the Tihuron Town Council,and will be subjectto availability to ESD ofsufficientconstruction and project financing as well as acceptance byboth parties of the final Solar Energy System "SES" design and specifications. The terms stated below are not binding and may be subject to change based on the final SES design and specifications. [ENERGY SELLER: (Owner) Energy Systems Development, LLC, or its assignee ENERGY SELLER CONTACT INFORMATION: 5420 Douglas Blvd Suite F Granite Bay CA 95746 T 916 772-4936 ENERGY PURCHASER: (Host) Town of Tiburon ENERGY PURCHASER CONTACT Town of Tiburon INFORMATION 1505 Tiburon Blvd Belvedere Tiburon, CA 94920 SOLAR ENERGY SYSTEM (SES): 58.24 KW DC Nameplate capacity mounted on carports ANNUAL PRODUCTION (APPROXIMATE): 82,000 kilowatt-hours annually SES SITE: Tiburon Police Department -West lot 1155 Tiburon Blvd, Belvedere Tiburon, CA 94920 SES INTEGRATOR: Energy Systems Development, LLC INITIAL PPA TERM: TEN Years(10) EXTENSION TERMS:` Automatic extension for up to four(4) Extension Terms of five (5) years each, unless terminated for Event of Default or by User not less than 120 days prior to expiration of Initial Term or Extension Term, if any, ENERGY PURCHASE: 100% of SES Energy Output during the Initial Term and all subsequent term extensions. ENERGY PAYMENT RATE: $0.2284 per kWh during the first Contract Year of the Initial Term finergySystemsDevelopinent-ProprieturyInfomiation page 1 ENERGY PAYMENT ANNUAL RATE 3.0% Annual Escalation or PG&E. Whichever is lower for INCREASE FACTOR: year ENVIRONMENTAL ATTRIBUTES: All environmental Attributes relating to the SES or the Energy Output will be and remain property of Energy Systems Development, LLC, orits assignee. HOST PURCHASE OPTION: Options to purchase start year 11 and annually after RISK OF SES LOSS: Host bears risk of SES Loss. INSURANCE: Commercial general liability insurance with limits not less than $2,000,000 for injury to or death of one or more persons in any one occurrence and $1,000,000 for damage or destruction to property in any one occurrence, with aggregate limits of$5,000,000. Worker's compensation and employer's liability insurance, including Stop Gap coverage, in compliance with applicable Laws with limits of not less than $1,000,000. MAINTENANCE: Owner operates and maintains SES at its sole cost and expense with reasonable access to SES granted by User. ACCESS: Rooftop_, Parking Lots_X`, Ground Mount_ ROOFTOP/GROUND LEASE: Rooftop_, Parking Lots_X_, Ground Mount,_, SECURITY DEPOSIT: TBD BROKERS: N/A The parties hereby agree and accept the above PPA Terms as basis for further good faith negotiations of the PPA, subject to (a) additional terms, conditions and covenants satisfactory to both parties to be included in the PPA (b) availability to ESD of sufficient construction and project financing funds and(c)change of the above PPA Terms based upon the final SES design and specifications acceptable to both parties,and ultimately approved by Town Council OWNER: "ENERGY SELLER" HOST: "ENERGY PURCHASER" Signature: Signature: Name: Name: Date: Date: Energy SystemsUevelopment-Proprietarj,fiformation Page 2 f,column vias addsd for the buyout loan. Miintenanca was added attar the buyout - Tho Ce31s 1n Yallow b©fou can bo adI.,:au to!lio-p-ted buyout loon 1-"1 This option allows: Tiburon Police to enter into a Power Purchase Agreement with a Buyout Option Exhibit -Power Purchase Agreement Option 1) ZERO OUT OF POCKET to install system 'Tiburon Police Array Size-kW 58,24 2) Buy out option in year 11 for $59,842 3) Twenty Five Year Savings of $ 598,214 PG&E i Cost Operating with Solar Finance-Tax-Rebate Benefit Romain ng_ i Electdcal Total t Federal Current Ut uty - I Gross Federal State Total Net PPA Purchase Annual l Solar �Deproclat Utility Cumulatly Electric Paymenttnd� 1 Annual Savings Cash Tax Depreciat Financial Change in Year Payment Payment Maint.lnanco; Energy Ion Rebate e Cash Costs Stdby s t A Paymont Credit ion 15Yr Benefit Cash Flow + Gptng Load + + ! Expense i + + Benefit + * B A B Flow Char i = i + + 9 i 4.80% i 4.80% 3.00% 20% 30.0% 3m% 10.3% S 2018 ($20,751) __ $0 $O 1 2019 (521,747) ($2,715) (S18 889) i ($21,604) $143 $143 $143 2 2020 ($22,791) } ($2845) 1 ($19,456) ( ($22,301) $49D ( $490 $633 -- ..... ..... ..... ...... _i.. 1 2021 523,885 02,982 --___-----...-_--'---- ' ( ) (, } {520,039} {$23,034} $664 1 $864 $1,497 ��-_� { < 2022 ($25,031) {$3,125) ($20,640 ( , 523,765} $1,266 $1,266 $2,763 5 2023 ($26,233 .^.". _. ..($21 _..._.._, ('- ) �( $1,698 $4,461 j 3 {53,275) (521,260] l (524,534 $1,698 s 2024 {$27,492} ) ($3,432) ($21,897 --- -- -_._-._ { j ($25,329) $2,162 $2,962 $6,624 7 2025 ($28,811) ($3,597) ($22,554) ($26,151) $2,660 $2,660 $9,284 8 2026 ($30,194) ($3,769) ($23,231) ($27,000) $3,194 I i � $3,194 $12,478 s 2027 {$3t,644) ($3,950} (523,928 ----_-- )! ( ($27,878) 53,766 $3,766 $16,244 _.-..__._...__._._....__..__.._..____. 10 2028 ($33,163) ($4,140) ($24,646) j 1 ($28,786) $4,377 $4,377 $20,620 ...._..............._._.....y...........___..._..i_._..._-_._...-..{._.._..__.._._.._......._.,.-..�__.._ 11 2029 ($34,754) ($4,339) ($59,842) ( ($500) ($64,681) -($29,926) I ) 9306 {$29,926 {.C , } 12 2030 ($36,423) ($4,547) $0 $500) ($5.047) $31,376 ---"'- •--_.__�__. ( $31,376 $22,070 17 2031 ($36,171) (0.4765) - 50 ( (5500) : ($5265) $32,906 I (� $32,906 $54,976 14 2032 ($40,003) ($4,994) $0 ($500) ($5,494) $34,509 i f $34,509 $89,485 .-.... -- 1s 2033 ($41,923) (^5 234} $0 ($500) i {55,734) $36,190 __ $36,190 $125,675_ _ __-- 1s 2034 ($43,436) (55485) - 50 ($800) {58,G85} $37,851 $37,851 $163,526 17 2035 SA6,044 ( $5 71G SO --'� - - -- 539,696 $203,222 (.. ) (v5 } ..... ....(5600} S634G).. 539,696 ----i -- - - ._.. .... .i to 2036 ..._. _..._ _... � ..: ($48,255} (S6 021 $0 ($u0D} $6 62d} i $41,631 �_---_- _.. 541,631 $244,853 13 2037 ($50,571) ($600) :S6,913) 543,658 $43 658 $288,510 20 2038 {$52,996} ($6,616) So ($600) ($7,216)_ $45,782 21 2039 (S6,934) .. ..... _ ...._.. ......_. _)... $45 762 $334,293 ($55,542) (S6 934) ($7 0) 1$7,654) $47,888 i_ $47,888 $382,181 $0 1 22 2040 - ($58,208} (5.7....,266 $0 (57201 (57 985} I -$50,_2._2_.2._... .... _ I I $50,222 $432,403_.. .... 23 204 {S01,002) {$761 ) $0 ($720} {$8'335) _---- -_- - ) 552667 1 552.667 $485,070 .. .._... ..._. ..... E _ i $5522 2s 2043 24 2042 (563,930) (57,961 ($720) {56,701) $55,229 , 9 $540,299 _ -- ---- -•- _!..._ ($66,999) (58,361) ( $0 ($720) ($0,084) $57,915 - I $57,91 $598,214 ($1,009,749) I $598,214 $0 so s0 $0 rnnt Utilltsolar UOlity Loan PPA 2018 Ave 5 0.21809 "'°"°°"°"`°tl 82,701 :iii 1 Year Term PPA Rate $0.2284 - Annual Usage 95,148 haom uwcy 12,448 0.0°10 lin terest Rate Annual Usage 82,701 Utllfly Escalation 4.80% Wlllry Ea[nlatlon Ski $ 59,842 Amt Financed IPPA Escalal 3.0% �__-- EXHIBIT 3 �Sl Power Purchase Agreement a ENERGY Date: October 14,2019 S Y#f E M S D 11940» E H T Key terms of your Energy Systems Development Power Purchase Agreement $0 .22840 10 years System installation cost Electricity rate per kWh Agreement term In Our PPA ® We insure, maintain,and repair the System(including the inverter)at no additional cost to you,as specified in the agreement. * System Size 58.24 KW * Estimated F=irst Year Production 82,000 kWh The rate you pay for electricity,exclusive of taxes,will never increase by more than 3.0%per year. Customer's dame & Service Address _.� _ <�s ii ;,.) ; -I , otililvbM Customer Name and Addrr ss istallation Location Tiburon Police Department West Parking Lot 1155 Tiburon Blvd, 1155 Tiburon Blvd, Tiburon, CA 94920 Tiburon, CA 94920 Options for ysten� purchase and transfer: Options at the end of the 10-year Cerin: a .fQ r,--:":,�tim�;s.as Sl�,.,cif�:; ir.the agreement.you may purchase the a Energy Svstenis+_rev-lc f,r.eat will i einovc,the ;tem See Exhibit 1 System at.10 C You can Upgrade:.: ,.evP S" tenii,!•ith;h .atest solar technology Uncle:a new i`•/_.0'''tr act. * YOU rhiay purdhaS�, ,he Sy's e. .hrorn[_"erU SVs tei7is Dev„l pi r ntfoi the aaiee:menl. Vear`;in foul(4) 1. Introduction. forty-five (45) day period shall accrue interest at the annual rate of 12 percent (12%) (but not to exceed the This Power Purchase Agreement(this"Power Purchase maximum rate permitted by law). Agreement"or°PPA")is the agreement between TomofTbixon oierein&'TomYor`ycU)and Energy Systems Development (d) Estimated Production. If(i)the System is shut down for more than Corporation(togetherwith its successors and assigns,"Energy seven(7)full twenty-four(24)hourdays cumulatively during the Systems Development"or"we°),covering the sale to you of Term because of your actions,or(ii)you take some action that the power produced by the solar panel system(the"System")we significantly reduces the output of the System:(iii)you don't trim your will install at the property. The System and its place of bushes or trees to their appearance when you signed this PPA to installation is depicted and described in Exhibit 4 attached avoid foliage growth from shading the to this Agreement. Energy Systems Development agrees to sel I to you,and you agree to buy from Energy Systems Development,all of the power produced by the System. The Systemwill be installed by Energy Systems Developmentat the addressyou listed above(the"Property")This Power Purchase Agreement is eight(8)pages long and has up to four (4)Exhibits.Energy Systems Development provides you with Buy Out Options that are detailed on Exhibit 1 The Limited Warranty is attached as Exhibit 2. Insurance Requirements are attached as Exhibit 3. If you have any questions regarding this Power Purchase Agreement,please askyour Energy Systems Development sales consultant. 2. Term. Energy Systems Development agreesto sell you the power generated by the System for 10 years(120 months),plus,if the Interconnection Date is not on the first day of acalendarmonth, the numberof days left in that partial calendar month. Werefer to this period oftime as the"Term." The Term begins on the Interconnection Date. The"Interconnection Date"is the date that the System is turned on and generating power.Energy Systems DevelopmentwiIInotify you when your System is ready to be turned on. 3. Intentionally Left Blank. 4. Power Purchase Agreement Payments;Amounts. (a) Power Price. During the first year of the term;you are purchasing all of the power the System produces for$0.2284 perkWh.Afterthefirst year,the price per kWhwilI increase by 3.0%per year.There are no installation costs. (b) Payments. Your monthly payments will be the product of(A)the price per kWh multiplied by(B)theactual kWh output forthecalendar month(`Monthly Payments). Invoices for Monthly Payments will be mailed oremailed no laterthan ten(10)days afterthe end of a calendar month.Monthly Payments could changeas your price perkWh changes over the Term of this PPA and as System production varies(e.g., summer has higher production).You will have regular access to the System's production via your Energy Systems Development online account. Payments due upon installation,if any,are due immediately prior to commencement of installation. (c) Payment Terms. All amounts due under this Agreement shall be due and payable net forty-five (45) days from receipt of invoice. Any undisputed portion of the invoice amount not paid within the Page 2of21 System,or(iv)your System is not reporting (viii) notify Energy Systems Development if you think the productionto Energy Systems Development(e.g. System is damaged or appears unsafe:ifthe you have disconnected the Monitoring system orthe Systemisstolen;andpriorto changing your power internet connection at your Site goes down on the supplier; reporting day),then Energy Systems (ix) maintain and make available,atyourcost,a functioning Developmentwill reasonably estimatethe amount indoor internet connection with a router.one DHCP of power that would have been delivered to you during such System or reporting outages or reduced production periods("Estimated Production")and shall consider Estimated Production as actual production for purposes of this paragraph. In the firstyearof the Term,Estimated Production will be based on our production projections. Afterthefirst year of the Term,Estimated Production will be based on historical production forthat month in the prioryear. Ifwebill you for Estimated Production because your System is not reporting production to Energy Systems Development,andwe subsequently determine that we have either overestimated or underestimated the actual production,then we will adjust the next bill downward (to refund overbilling)or upward(to make upfor lost billing). You will not be charged for Estimated Production when the System is not producing electricity due to Energy Systems Development's fault,orifit's due togrid failure orpoweroutages caused by someone otherthan you. 5. Power Purchase Agreement Obligations. (a) System,Siteand Property Maintenance You agree to: (i) only have the System repaired pursuant to the Limited Warranty and reasonably cooperatewhen repairs are being made; (ii) keep trees,bushes and hedges trimmed so that the System receives as much sunlight as itdidwhen Energy Systems Development installed it; (iii) not modify your Site in a way that shades the System; (iv) be responsible for any conditions atyour Sitethat affect the installation(e.g.,blocking access to the roof,or removing a tree that is in the way,prior work you have done on your Site that was not permitted); (v) not remove any markings or identification tags on the System; (vi) permit Energy Systems Development,after we give you reasonable notice,to inspect the System for proper operation as we reasonably determine necessary, (vii) not do anything,permit or allow to exist any condition or circumstance that would cause the System not to operate as intended at the Property; Page 3 of 21 enabled Ethernet port with internet access and standard occurrence basis, iii) be maintained with AC power outlet close enough and free of interference to companies either rated no less than A-VII as to enable an internet-connected gateway provided by Policy Holder's Rating in the current edition of Energy Systems Development to communicate A.M. Best's Insurance Guide or otherwise wirelesslywith the system's inverter(typically this is 80 reasonably acceptable to the other party. feet butmay depend on site conditions). See section (B) Certificates. Prior to commencements of the work 2(c)of the Limited Warranty for details;and under this Agreement, Energy Systems (x) if your Site is governed by a Site owner's association or Development shall deliver to the Town similar community organization,obtain all approvals certificates of insurance evidencing the above and authorizations forthe System required bythat required coverage. The Town's receipt, review or organization and advise us of any requirements of that acceptance of such certificates shall in no way organization thatwill otherwise impact the System,its limit or relieve Energy Systems Development of installation or operation. the duties and responsibilities to maintain (b) System Construction, Repair, Insurance and insurance as set forth in this Agreement. Energy Systems Development's (C)Deductibles. Unless and to the extent that a claim obligations: is covered by an indemnity set forth in this Agreement, Energy Systems Development shall Energy Systems Development agrees to: be responsible for the payment of its own (i) schedulethe installation of the System ata mutually deductibles. convenient date andtime; (ii) constructthe Systemaccording towritten plansyou review and approve; (c) Site Renovations or Repairs (iii) provide you with aweb-enabled meterto accurately If youwantto make any repairs or improvementstothe Property measure the amount of power the System delivers to that could interferewiththe System(such as repairing the roof you; where the System is located),you may only remove and replace (iv) notify you if the System design has to be materially the System pursuant to the Limited Warranty. changed so that you can review any such changes; (v) clean up after ourselves during the construction of the System; (vi) payment the System against all damage or loss unless (A)that damage or loss is caused by your gross negligence;or(B)that damage or loss is caused by ball strikes,or(C)you intentionally damagethe System, (vii) repair the System pursuant to the Limited Warranty and reasonably cooperate with you when scheduling repairs; (viii) create a priority stream of operation and maintenance payments to provide enough cash flow in our financing transactions to pay for the Limited Warranty obligations and the repair and maintenance of the System in accordance with this PPA even if Energy Systems Development ceases to operate; (ix) not put a lien on your Site or Property; and (x) At all times during the Term of the Agreement, Energy Systems Development shall maintain insurance meeting the requirements in Exhibit 3 to this Agreement. (A) Policy Provisions. All insurance policies provided hereunder shall (i) contain a provision whereby the insurer agrees to give the party not providing the insurance thirty (30) days (ten (10) days in the event of non-payment of premiums) written notice before the insurance is cancelled, or terminated, (ii) be written on an Page 4 of 21 (i) reasonable. (d) Taxes (ii) During the time that Energy Systems Development has access rights you shall ensure that its access Your Energy Systems Development electricity rights are preserved and shall not interfere with or rate of$0.2284 per kWh is composed ofan permit any third party to electricity rate of$0.2284 plus current taxes of $0.0000.You agree to pay any changes in the applicable taxes related to this PPA. Thus,if tax rates change,your Energy Systems Development electricity rate will change to reflect this rate change.If this PPA contains a purchase option at the end ofthe Term,you agree to pay any applicabletax on the purchase priceforthe System. You also agreeto pay as invoiced any applicable personal property taxes on the System that your localjurisdiction may levy. (e) No Alterations You agree that you will not make any modifications, improvements,revisions or additions to the System or take any otheraction that could void the Limited Warranty on the System without Energy Systems Development's prior written consent. If you make any modifications,improvements,revisions or additions to the System,they will become part of the System and shall be Energy Systems Development's property. (f) Access to the System (i) You grant to Energy Systems Development and its employees,agents and contractors therightto reasonably access all ofthe Property as necessary for the purposes of (A)installing,constructing,operating, owning,repairing, removing and replacing the System ormaking any additions to the System or installing complementary technologies on or about the location of the System; (B)enforcing Energy Systems Development's rights as to this Power Purchase Agreement and the System,(C) installing,using and maintaining electric lines and inverters and meters,necessary to interconnect the System to your electric system atthe Property and/orto the utility's electric distribution system,or(D)taking anyother action reasonably necessary in connection with installing,constructing, operating,owning,repairing, removing and replacing the System.This access right shall continue for up to ninety(90)days after this Power Purchase Agreement expires to provide Energy Systems Development with timetoremovetheSystem atthe end of the Power Purchase Agreement.Energy Systems Development shall provideyou with reasonable notice of its need to access the Property whenever commercially Page 5 of 21 interferewith such rights oraccess.You agreethat attorneys' fees incurred by such separate counsel the System is not a fixture,but Energy Systems until such time as the need for separate counsel Development has the right to file any UCC-1 financing expires. The Indemnified Party may also, at the sole statement orfixture filing that confirms its interest in cost and expense of the Indemnifying Party, assume the System. the defense of any Claim if the Indemnifying Party (g) Indemnity fails to assume the defense of the Claim within a reasonable time. Neither Party shall settle any Claim Each Party shall defend, indemnify and hold harmless covered by this Section 5(h) unless it has obtained the other, its affiliates and its affiliates'directors,officers, the prior written consent of the other Party, which shareholders, partners, members,agents and consent shall not be unreasonably withheld or employees(collectively,the"Indemnified Parties"),from delayed. The Indemnifying Party shall have no and against all loss,damage,expense, liability and other liability under this Section 5(h) for any Claim for claims, including court costs and reasonable attorneys' which such notice is not provided if that the failure to fees(collectively,"Liabilities")resulting from any third give notice prejudices the Indemnifying Party. party actions relating to the breach of any representation or warranty made in this Agreement,and from injury to or (i) Environmental Indemnification. In addition to the death of persons,and damage to or loss of property to obligations set forth above, Energy Systems Development the extent caused by or arising out of the negligent acts shall indemnify, defend and hold harmless all of Town's or omissions of,or the willful misconduct of,the Indemnified Parties from and against all Liabilities arising Indemnifying Party(or its contractors, agents or out of or relating to the existence at, on, above, below or employees)in connection with this Agreement; provided, near the Premises of any Hazardous Substance(as however, that nothing herein shall require the defined in Section 5(i)(i)to the extent deposited; spilled or Indemnifying Party to indemnify the Indemnified Party for otherwise caused by Energy Systems Development or any any Liabilities to the extent caused by or arising out of of its contractors or agents. Town shall indemnify, defend the negligent acts or omissions of,or the willful and hold harmless all of Energy Systems Development's misconduct of,the Indemnified Party, Notwithstanding Indemnified Parties from and against all Liabilities arising the foregoing, Energy Systems Development shall be out of or relating to the existence at, on, above, below or responsible to indemnify,defend and hold harmless near the Premises of any Hazardous Substance, except to Town and Town's Indemnified Parties for Liabilities the extent deposited, spilled or otherwise caused by Energy arising from(i)Energy Systems Development's Systems Development or any of its contractors or agents. engineering and onsite construction and maintenance Each Party shall promptly notify the other Party if it activities,except to the extent of Town's negligence or becomes aware of any Hazardous Substance on or about willful misconduct,and (ii)any infringement of patents or the Premises generally or any deposit, spill or release of the improper use of other proprietary rights by Energy any Hazardous Substance. Systems Development or its employees or representatives or contractors that may occur in (i) "Hazardous Substance" means any chemical,waste or connection with performance of Energy Systems other substance(a)which now or hereafter becomes Development's obligations under this Agreement or defined as or included in the definition of"hazardous ownership and use of the System.This Section 5(h) substances," "hazardous wastes,'"hazardous however, shall not apply to liability arising from any form materials;" "extremely hazardous wastes,""restricted of hazardous substances or other environmental hazardous wastes,""toxic substances,""toxic contamination,such matters being addressed exclusively pollutants," "pollution," "pollutants,""regulated by Section 5(i). substances," or words of similar import under any laws (h) Notice and Participation in Third Party pertaining to the environment, health, safety or welfare, Claims. The Indemnified Party shall give the (b)which is declared to be hazardous,toxic, or polluting Indemnifying Party written notice with respect to by any Governmental Authority, (c) exposure to which is any Liability asserted by a third party (a now or hereafter prohibited, limited or regulated by any "Claim"). as soon as possible upon the receipt of Governmental Authority, (d)the storage, use, handling, information of any possible Claim or of the disposal or release of which is restricted or regulated by commencement of such Claim. The any Governmental Authority, or(e)for which Indemnifying Party may assume the defense of remediation or cleanup is required by any Governmental any Claim, at its sole cost and expense, with Authority. counsel designated by the Indemnifying Party and reasonably satisfactory to the Indemnified 6. ConditionsPriortoInstallation ofthe System;Change Party. The Indemnified Party may, however, Orders. select separate counsel if both Parties are (a) Energy Systems Development's obligation to install the System defendants in the Claim and such defense or and sell you the power it produces is conditioned on the other form of participation is not reasonably followingitems having been completed to its reasonable available to the Indemnifying Party. The satisfaction: Indemnifying Party shall pay the reasonable Page 6 of 21 (i) completion of(A)the engineering site audit(a to confirm the suitability of the Property for the thorough physical inspection of the Property, construction,installation and operation of the including,if applicable,geotechnical work),(B)the System; final System design,and(C)real estate due diligence (ii) approval of this Power Purchase Agreement by one of Energy Systems Development's financing parties; (iii) your meeting the applicable credit score; (iv) confirmation of rebate,tax credit and renewable energy credit payment availability in the amount used to calculate the Monthly Payments setforth inthis Power Purchase Agreement; (v) confirmation that Energy Systems Developmentwili obtain all applicable benefits referred to in Section 9; (vi) receipt of all necessary zoning,landuseand building permits; and (vii) completion of any renovations,improvements or changes reasonably required atyour Site or on the Property(e.g.,removal of a tree or necessaryroof repairs to enable us to safely install the System). (viii) if your Site is governed by a Site owner's association or similar community organization, your receipt of all approvals and authorizations for the System required by that organization and advising us of any requirements of that organization that will otherwise impact the System,its installation or operation. Energy Systems Development may terminate this Power Purchase Agreement without liability if,in its reasonablejudgment,any ofthe above listed conditions(i)through(vii)will not be satisfied for reasons beyond its reasonable control. Once Energy Systems Development starts installation,however,it may not terminate this Power PurchaseAgreementfor yourfailuretosatisfy conditions (i)through(vii)above. (b) Amendments. The System's initial estimated production is set forth in this PPA.After System design,the estimated production is likely to change,and we will share those changes with you prior to installation. If the estimated production increases ordecreases by morethan twenty percent(20%),wewill document that change in an amendment. You authorize Energy Systems Development to make corrections to the utility paperwork to conform to this PPA or any amendments to this PPA we both signs. 7. Warranty, YOU UNDERSTAND THAT THE SYSTEM IS WARRANTED SOLELY UNDER THE LIMITED WARRANTY ATTACHED AS EXHIBIT 2,AND THAT THERE ARE NO OTHER REPRESENTATIONS OR WARRANTI ES,EXPRESS OR IMPLIED,AS TOTHE MERCHANTABILITY,FITNESS FOR ANY PURPOSE, CONDITION, DESIGN, CAPACITY, Page 7 of 21 SUITABILITY ORPERFORMANCEOFTHESYSTEM OR (3) months'priorwritten notice.You can purchasethis System: ITS INSTALLATION. (i) onthe iEn(10)year anniversary ofthe beginning ofthe 8. Transfer. Term and every annual anniversary after the ten Energy Systems Development will assign this PPA to one (10)year anniversary;and of its financing partners. You agreethat Energy Systems (ii) if Energy Systems Development ever ceases its Development mayassign,sell ortransferthe System and operations. this Power Purchase Agreement,or any part of this In each of(i) and(ii)aho„e,the price you will pay forthe System will be Power Purchase Agreement or the exhibits,without your the System's fair market value("FMV").A third-party independent consent. This assignmentdoes notchange Energy appraisermayberetained tocompute the System's FMV,subject to Systems Development's obligation to maintain and repair the terms of the Buy Out Options described in Exhibit 2 to this your System as setforth in the Warranty. Agreement. Energy Systems Development's maintenance and repair obligations under the Limited Warranty(Exhibit 2)will continue when 9. Ownership of the System;Tax Credits and Rebates. you purchase the System until whatwould have been the end of the original Term. You agree that the System is Energy Systems Development's 11. Renewal. If you are in compliance with your PPA,you have the personal property under the Uniform Commercial Code. You option to renew your PPA for up to twenty(20)years in four(4) understand and agree that this PPAisnot acontracttosell or five(5)year renewal periods. We will send you renewal forms leasethe System to you. three(3)months priorto the expiration oftheTerm,which forms Energy Systems Development owns the System forall purposes, shallset forth the new Monthly Payments due under the renewal including any data generated from the System.Youshallatall PPA,based on our assessment of the then current fair market timeskeepthe Systemfreeand clearof all liens,claims,levies value of the System.If you wantto renew,complete the renewal and legal processes not created by Energy Systems forms and return them to us at least one(1)month priorto the Development,and shall atyourexpense protectand defend end ofthe PPA. In the event thatyoudonot agreetothenew Energy Systems Development against the same. Monthly Paymentsthis PPAshall expire by its terms on the YOU UNDERSTAND AND AGREE THATANYANDALL TAX termination date. CREDITS,INCENTIVES,RENEWABLE ENERGY CREDITS, 12. Selling Your Site. GREEN TAGS,CARBON OFFSETCREDITS,UTILITY REBATES OR ANY OTHER NON-POWER ATTRIBUTES OF THE SYSTEM (a) If you sell your Site you can: ARE THE PROPERTY OF AND FOR THE BENEFIT OF (i) Transfer this Power Purchase Agreement and ENERGY SYSTEMS DEVELOPMENT,USABLEAT ITS SOLE the Monthly Payments DISCRETION.ENERGY SYSTEMS DEVELOPMENT SHALL If HAVETHEEXCLUSIVERIGHTTOENJOYANDUSE ALL Dee person buying your Site meets Energy Systems SUCH BENEFITS,WHETHER SUCH BENEFITSEXIST NOW Development's credit requirements, nbuyi buying OR IN THE FUTURE. YOU AGREE TO REFRAIN FROM permitted by the local utility,the person buying yourSite ll of your ENTERING INTO ANYAGREEMENTWITHYOUR UTILITY cansignatransferagreement is Power Purchase THAT WOULD ENTITLE YOUR UTILITYTO CLAIM ANY SUCH Agreement. greemenhts and obligations underthis Power Purchase BENEFITS.YOU AGREETO REASONABLY COOPERATE Agreement. WITH ENERGY SYSTEMS DEVELOPMENT SO THAT IT MAY (ii) Move the System to Your New Site CLAIM ANY TAX CREDITS, RENEWABLEENERGY Where permitted by the utility(s),the System can be CREDITS,REBATES,CARBON OFFSET CREDITS OR moved to your new Site pursuantto Section4ofthe ANY OTHER BENEFITS FROM THE SYSTEM.THIS Limited Warranty.You will need to provide the same MAY INCLUDE TO THE EXTENT ALLOWABLE BY LAW, rights to Energy Systems Developmentas provided ENTERING INTO NET METERING AGREEMENTS, for in this PPAand provide any third fatyconsentsor INTERCONNECTION AGREEMENTS,AND FILING releases required by Energy Systems Development RENEWABLE ENERGY/CARBON OFFSET CREDIT in connection with the substitute premises. REGISTRATIONS AND/OR APPLICATIONS FOR REBATES (iii) Prepay this Power Purchase Agreementand FROM THE FEDERAL,STATE OR LOCAL GOVERNMENT ORA Transfer only the Use of the System LOCAL UTILITY AND GIVING THESE TAX CREDITS, RENEWABLE ENERGY/CARBON CREDITS,REBATES OR AtanytimeduringtheTerm,youcanprepaythisPower OTHER BENEFITS TO ENERGY SYSTEMS DEVELOPMENT. Purchase Agreement in full by paying Energy Systems Development the expected remaining payments(estimated future production during the rest of the Term multiplied bythe 10. Purchasing the SystemPriortotheEndoftheTerm. averagekWh rate during the rest of the Term)ata five percent(5%)discount rate.The person buying your Site will In addition to purchasing the System at the end of the Term,you only need to sign a transfer agreement to assume your rights havethe option to purchasethe System priortothe end of the and non-Monthly Payment obligations underthis PPA.The Term as detailed below.Toexercisethisoption,you must be in System stays at your Site;the person buying your Site doesnot goodstanding underthis Power Purchase Agreement and you make any Monthly Payments and has only tocomplywiththe need to give us at least one(1)month's,but not more than three non-Monthly Payment portions of this PPA. Page 8 of 21 (iv) Purchase the System(see Section 10) partners, members, agents and employees subcontractors or (b) You agree to give Energy Systems Development suppliers shall be liable for any indirect, special, incidental, atleastfifteen(15)days but not more than three(3) exemplary, or consequential loss or damage of any nature months priorwritten notice if you want someoneto arising out of their performance or non-performance assume your P PAobligations. Inconnection with hereunder even if advised of such this assumption,you,your approved buyer and (b) Actual Damaaes Energy Systems Development shall execute a written transfer of this PPA. Town's Actual Damages Owed by Energy Systems Development. Except for indemnification of third party claims (c) Ifyou sell your Site and can't comply with any of pursuant to Section 5(g-i), Energy Systems Development's the options in subsection(a)above,you will be in aggregate liability under this Agreement arising out of or in default under this Power Purchase Agreement. connection with the installation,operation or performance of the Section 12(a)includes a Site sale by your estate System shall not exceed the higher of$5,000,000,subject to or heirs. annual adjustment to reflect increases(but not decreases)in the applicable Consumer Price Index for the region; or(ii)the (d) Free Assumability.This agreement is free of any restrictions maximum amount of insurance required to be maintained by that would prevent the Site owner from freely transferring Energy Systems Development under this Agreement(regardless their Site("Property").Energy Systems Developmentwill of whether or not Energy Systems Development actually not prohibit the sale, conveyance or refinancing of the maintained such insurance policy, or other claims made against Property.Energy Systems Developmentmay chooseto such policy)The provisions of this Section shall apply whether file in the real estate records a UCC-1 financing statement such liability arises in contract,tort(including negligence), strict ("Fixture Filing")that preserves their rights in the System. liability or otherwise. The Fixture Filing is intended onlytogive notice of its rights Energy Systems Development's Actual Damages Owed by relating to the System and is not a lien or encumbrance against the Property.Energy Systems Development shall Town. Except for indemnification of third party claims pursuant explain the Fixture Filing to any subsequent Towns of the to Section 5(g-i), (which in no event shall be construed to Property and any related lendersas requested.Energy include claims for lost tax credits or any other economic loss by Systems Development shall also accommodate any of Energy Systems Development's investors,clients, reasonable requests from lenders or title companies to partners, members or affiliates)notwithstanding any provision facilitate a purchase,financing or refinancing of the herein to the contrary(if any),Town's aggregate liability under Property. this Agreement shall not exceed the amounts set forth in Sect; 16(h). (e) EXCEPTAS SET FORTH I N TH IS SECTION,YOU WILL NOTASSIGN,SELL,PLEDGE OR INANY OTHER WAY TRANSFER YOUR INTEREST IN THE SYSTEM OR THIS 15. Default. PPAWITHOUTOUR PRIOR WRITTEN CONSENT,WHICH SHALL NOT BE UNREASONABLY WITHHELD. You will be in default under this Power Purchase Agreement if any one of the following occurs: (a) you fail to make any payment when it is due and such 13. Loss or Damage. failure continues for a period of thirty(30)days, (a) Unless you are grossly negligent,you intentionally damage the (b) you fail to perform any material obligation that you have System,or damage or loss tothe System is caused by ball undertaken in this PPA(which includes doing something strikes,Energy Systems Development will bear all of the risk you have agreed notto do,like alterthe System)and such of loss,damage,theft,destruction or similar occurrence to failure continues for a period of fourteen(14)days after anyorallofthe System. Except as expressly provided in this written notice; PPA,no loss,damage, theft or destruction will excuse you (c) you have provided any false or misleading financial or from yourobligations under this PPA; including Monthly other information to obtain this Power Purchase Payments. Agreement; (b) If there is loss,damage,theft,destruction or a similar (d) you assign,transfer,encumber,sublet or sell this PPA or occurrence affecting the System,and you are not in default of any partof the Systemwithout Energy Systems this PPA,you shall continue to timely make all Monthly Development's priorwritten consent,or Payments and pay all other amounts due under the PPA and; cooperatewith Energy Systems Development,at Energy (e) you make an assignment forthe benefit of creditors, Systems Development's sole cost and expense, to have the admits in writing its insolvency,files or there is filed System repaired pursuant to the Limited Warranty. against you or it a voluntary petition in bankruptcy,is adjudicated bankrupt or insolvent or undertakes or 14. Limitation of Liability. experiences any substantially similar activity. (a) No Consequential Damages 16. Remedies in Case of Default. Neither Party nor its directors, officers, shareholders, If this Power Purchase Agreement is in default,we may�ke ower Page 9 of 21 anyone or more of the following actions. Ifthelaw (i) use any other remedy available to us bylaw. requires usto do so,wewill give you notice andwait any 17. System Removal;Return. period of time required before taking any of these actions. We may: Atthe end of the Term orthe termination of this PPA,if you have not (a) terminate this PPA; renewed this PPA or exercised your purchase option(if any)and you have not defaulted,then within ninety(90)days you agree to call (b) take any reasonable action to correct your default or Energy Systems Development at the telephone number listed in to prevent our loss; Section 7 of Exhibit 2 to schedule a convenient time for Energy Systems (c) require you to return the System or make it Development to remove the System from your Site at no cost to you. available to us in a reasonable manner, 18. Applicable Law;Dispute Resolution (d) proceed,by appropriate court action,to enforce The laws of the state where your Site is located shall govern this PPA performance of this PPA and to recover damages without giving effecttoconflict oflawsprinciples. for your breach, 19. The Parties shall negotiate in good faith and attempt (e) disconnect,turn off ortake back the System by legal to resolve any dispute arising out of this Agreement process orself-help,butwemaynotdisturbthe for a period of at least thirty(30)days after one Party peace orviolatethe law; gives the other Party notice of a dispute requiring (f) reportsuch non-operational status of the System to such negotiation. After such thirty(30)days, if the your utility, informing them that you are no longer dispute is not resolved the Parties may but are not net metering; required to submit the dispute to non-binding mediation and/or to binding or non-binding arbitration (g) chargeyou a reasonable reconnectionfeefor or may pursue legal action. Waiver. reconnectingthe Systemtoyourutility orturning Any delay orfailureofapartytoenforce any ofthe provisions your System back on afterwe disconnect or turnoff of this PPA,including but not limited to any remedies listed in the System due to your default; or this PPA,ortorequire performance bythe other party ofany (h) recoverfrom you(i)a payment equal to the purchase of the provisions of this PPA,shall not be construed to(i)be a price as setforth in this agreement plus(ii)all waiverof such provisions oraparty's right toenforce that taxes,late charges, penalties,interest and all or provision,or(ii)affect the validity of this PPA. any other sums then accrued or due and owing;or `20. Privacy/Publicity You grant Energy Systems Development the right to 23. NOTICE OF RIGHT TOCANCEL. publicly use,display,share,and advertise the YOU MAY CANCEL THIS CONTRACT ATANY TIME PRIOR TO photographic images,Projectdetails,price and any other MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE non-personally identifying information ofyourProject. YOU SIGN THIS CONTRACT. ADDITIONAL RIGHTS TO Energy Systems Development shall not knowingly release CANCEL. any personally identifiable information about you or any data associating you with the Project location.You may IN ADDITION TO ANY RIGHTS YOU MAY HAVE TO CANCEL opt-outof these publicity rights by giving us written notice THIS PPA UNDER SECTION 23,YOU MAY ALSO CANCEL and mailing it to.Energy Systems DevelopmentAftenton: THIS PPA AT NO COST AT ANY TIME PRIOR TO 5420 Douglas Blvd Suite F Granite Bay Ca 95746. COMMENCEMENT OF CONSTRUCTION ON YOUR SITE. 21. Notices. 24. Pricing All notices underthis PPA shall be in writing and shall be The pricing in this PPA is valid for60days after 10/1/2019. Ifyou by personal delivery,facsimile transmission,electronic mail, don't sign this PPA and return itto us on or priorto 60 days after overnight courier,or certified or registered mail,return receipt 10/1/2019,Energy Systems Development reserves the right to requested. reject this PPA unless you agree to our then current pricing. 22. Entire Agreement;Changes. This PPAcontains the parties'entire agreement regarding the sale and purchase of powergenerated bythe System. Thereareno otheragreements regarding this PPA, eitherwrittenororal.Any changetothisPPAmustbein writing and signed by both parties. If any portion of this PPA is determined to be unenforceable,the remaining provisions shall be enforced in accordance with their terms or shall be interpreted or re-written so as to make them enforceable. Page 10 of 21 I have read this Power PurchaseAgreementand the Exhibits intheir entirety and I acknowledge that I have received a complete copy of this Power Purchase Agreement. Customer's Name: CUSTOMER Siana'ure: Date Energy Systems Develop"ment: Signature: Stuart Chang Date: Page 11 of 21 EXHIBIT 1 BUY OUT OPTIONS After TEN(10)full years from the Actual Commercial Operation Date,Buyer may, in its sole and discretion,buy the Generating Facilities and terminate this Agreement without liability of any kind other than for previously-accrued obligations;and the Buyout Payment. Buyer may exercise this right on an annual basis by giving Seller notice at least ninety(90)days prior to the following anniversary of the Actual Commercial Operation Date and paying the Seller the Buyout Payment on or before the anniversary of the Actual Commercial Operation Date, Buyout Payment:The Buyout Payment shall be the Chart below or fair market value,whichever is greater. Chart B PPA Purchase Option Chart Year Buy,Out Transfer Fee Total 1 2 3 4 5 6 7 8 9 10 11 $ 57,563 $ 1,000 $ 58,563 12 $ 50,863 $ 1,000 i $ 51,863 13_ $ 44,163 $ 1,000 $ 45,163 14 $ 37,463 $ 1,000 $ 38,463 15 $ 30,763 $ 1,000 $ 31,763 16 $ 23,856 $ 1,000 $ 24,856 17 $ 19,085 $ 1,000 $ 20,085 18 $ 15,268 $ 1,000 $ 16,268 19 $ 12,214 $ 1,000 $ 13,214 20 $ 9,771 $ 1,000 $ 10,771 21 $ 7,817 $ 1,000 $ 8,817 22 $ 5,817 $ 1,000 $ 6,817 23 $ 3,817 $ 1,000 $ 4,817 24 $ 1,817 $ 1,000 $ 2,817 25 $ - $ 1,000 $ 1,000 If Buyer does not agree with purchase price an independent appraiser shall be retained as described below: (i)Within 30 days of the Buyer's delivery of notice provided under 2.3(a)above,Buyer and Seller shall confer and agree on an independent appraiser with experience and expertise in the renewable energy sector. (ii)If Seller and Buyer do not agree upon the appointment of an independent appraiser within such thirty(30)days,then at the end of such period,Seller and Buyer shall notify each other in writing of their respective designation of three proposed independent appraisers.Seller and Buyer shall each within five(5) Business Days of receipt of such notice strike two of the proposed independent appraisers designated by the other party and shall provide notice of the same to the other party.The remaining two proposed independent appraisers shall,within two(2) Business Days of the last-received notice, select one of themselves to perform the valuation and provide notice thereof to Seller and Buyer. (iii)Seller and Buyer shall each be responsible for payment of one-half of the costs and expenses of the independent appraiser Page 12 of 21 5420 Douglas Blvd Suite F Granite Bay Ca. 95746 T(916) 772-4936 EXHIBIT 2 PERFORMANCE GUARANTEE AND LIMITED WARRANTY i. INTRODUCTION This Performance Guarantee and Limited Warranty(this"Limited Warranty")is Energy Systems Development's agreement to provide you warranties on the System you are hosting pursuant to our PPA. The System will be professionally installed by Energy Systems Development at the address you listed in the PPA.We will refer to the installation location as your"Property"or your"Site." This Limited Warranty begins when we start installing the System at your Site. We look forward to helping you produce clean,renewable solar power at your Site. 2. LIMITED WARRANTIES (a) Limited Warranties Energy Systems Development warrants the System as follows: (i) System Warranty During the entire Power Purchase Agreement Term,under normal use and service conditions,the System will be free from defects in workmanship or defects in,ora breakdown of,materials or components(the"System Warranty")-, (ii) Carport Warranty The Carport System installation we will warrant under normal use and service conditions,the Carport will be free from defects in workmanship or defects in materials or components(the"Carport Warranty")for a period of 10 years,and (iii) Repair Promise During the entire Power PurchaseAgreement Term,Energy Systems DevelopmentwillhonortheSystem Warranty and will repair or replace any defective part,material orcomponent orcorrect any defective workmanship,at no cost orexpense to you (including all labor costs),when you submit a valid claim to us under this Limited Warranty. If we damage your Site,your belongings or your Property we will repair the damage we cause or pay you for the damage we cause as described in Section 6.Energy Systems Development may use new or reconditioned parts when making repairs or replacements.Energy Systems Development may also,at no additional cost to you,upgrade or add to any part of the System to ensure that it performs according to the guarantees set forth in this Limited Warranty. Cosmetic repairs that do not involve safety or performance shall be made at Energy Systems Development's discretion. (b) Warranty Length (i) The warranties in Sections 2(a)(i)and 2(a)(iii)abovewil I start when we begin instal ling the System at your Site and continue through the entire Power Purchase Agreement Term.Thus,for as long as you host the System from Energy Systems Development under a PPA,you will have a System Warranty and our Repair Promise. (ii) The Carport Warranty Period may be shorter than the System Warranty,as described in Section 2(a)(ii)above. (iii) If you have assumed an existing PPA,or purchased the System during the Term of your PPA,then this Limited Warranty will cover you for the remaining balance of the existing PPA Term. (c) Performance Warranties and Guarantee (i) Performance Guarantee Energy Systems Development guarantees that during the Power Purchase Agreement Term the System will operate within manufacturer's specifications and if it does not that Energy Systems Development will repair or replace any defective part and restore System performance. (ii) Solar Monitoring During the Power Purchase Agreement Term,wewilIprovide you atnoadditional cost our Solar Monitoring Service("Monitoring'). Monitoring is a non-proprietary monitoring system designed and installed by Energy Systems Developmentthat captures and displays historical energy generation data over an Internet connection and consists of hardware located on site and software hosted by Energy Systems Development. If your System is not operating within normal ranges,Monitoring will alert us and we will remedy any material issues promptly. Page 13 of 21 5420 Douglas Blvd Suite F Granite Bay Ca. 95746 T(916)772-4936 (iv) OutputWarranty The System's rated electrical output during the first ten(10)years of the Power Purchase Agreement Term shall not decrease by more than fifteen percent(15%). (d) Maintenance and Operation (i) General Whenthe System is installed,Energy Systems Developmentwill provideyouwith a SolarOperation M a n u a I. This M a n u a l providesyouwith System operation instructions,answers to frequently asked questions,troubleshooting tips and service information. Energy Systems Developmentwiil perform all required System maintenance. (ii) Monitoring Monitoring requires a high-speed Internet line to operate.Therefore,during the Power Purchase Agreement Term,you agree to maintain the communication link between Monitoring and the System and between Monitoring and the Internet. You agree to maintain and make available,at your cost.a functioning indoor internet connection with a router,one DHCP enabled Ethernet port with internet access and standard AC power outlet close enough and free of interference to enable an internet-connected gateway provided by Energy Systems Development to communicate wireless ly with the system's inverter(typically this is 80 feet,but may depend on site conditions). This communication link must be a 10/100 Mbps Ethernet connection thatsupports common Internet protocols(TCP/IP and DHCP). If you do not have and maintain a working high lnternetlinewewillnotbeabletomonitortheSystemand provide you with a performance guarantee or provide Monitoring.Further,if Monitoring is not operational,Energy Systems Developmentwill be required to estimate your power usage as set forth in the PPA. (e) Making a Claim;Transferring this Warranty (i) Claims Process You can make a claim by: A. emailing us at the email address in Section 7 below; B. writing us a letter and sending it overnight mail with a well-known service;or C. sending us a fax at the number in Section 7 below. (ii) Transferable Limited Warranty Energy Systems Developmentwill accept and honor any valid and properly submitted Warranty claim made during any Term by any person who either purchases the System from you or to whom you properly transferthe PPA. (f) Exclusions and Disclaimer The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair,replacement or correction required due to the following: (i) someone other than Energy Systems Development or its approved service providers installed,removed,re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by Energy Systems Development or its approved service providers while servicing the System (e.g., if a tree falls on the System we will replace the System per the Power Purchase Agreement,but we will not repay you for power it did not produce), (iii) yourfailureto perform,or breach of,yourobligations underthe Power Purchase Agreement(e.g.,you modify oralterthe System); (iv) your breach of this Limited Warranty,including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, (v) any Force Majeure Event(as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect(e.g.,the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non-shaded area), (viii) theft of the System(e.g.,if the System is stolen we will replace the System per the Power Purchase Agreement,but we will not repay you for the power it did not produce);and Page 14 of 21 5420 Douglas Blvd Suite F Granite Bay Ca. 95746 T(916) 772-4936 (ix) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights,and you may also have other rights which vary from state to state.This Limited Warranty does not warrant any specific electrical performance of the System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms.Accumulated snow or ice may slide or fall,resulting in property damage or bodily harm.If and when conditions safely allow you to remove accumulated snow or ice,you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a)and(c)ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY ENERGY SYSTEMS DEVELOPMENT WITH RESPECTTO THE SYSTEM, ENERGY SYSTEMS DEVELOPMENT HEREBY DISCLAIMS,AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES.ANY WARRANTY WITH RESPECTTOANY COST SAVINGS FROM USING THE SYSTEM. 3. ENERGY SYSTEMS DEVELOPMENT'S STANDARDS For the purpose of this Limited Warranty the standards for our performance will be(i)normal professional standards of performance within the solar photovoltaic power generation industry in the relevant market;and(ii)Prudent Electrical Practices. "Prudent Electrical Practices"means those practices,as changed from time to time,that are engaged in or approved by a significant portion of the solar power electrical generation industry operating in the United States to operate electric equipment lawfully and with reasonable safety,dependability,efficiency and economy. 4. SYSTEM REPAIR, RELOCATION ORREMOVAL (a) Repair.You agreethat if(i)the System needs any repairsthat are notthe responsibility of Energy Systems Development underthis Limited Warranty,(ii)the system needs to be removed and reinstalled to facilitate remodeling of your Site or(iii)the system is being relocated to another Site you own pursuant to the Power Purchase Agreement,you will have Energy Systems Development,or another similarly qualified service provider,at your expense, perform such repairs,removal and reinstallation,or relocation. (b) Return.IfattheendoftheTermyouwanttoreturn the System toEnergy Systems Development underSection 17 of the PPAthen Energy Systems Developmentwill removethe System at no cost to you. Energy Systems Development will remove the posts, waterproof the post area is reasonably possible to its original condition before the System was installed(e.g.ordinary wear and tear and color variances due to manufacturing changes are excepted). You agree to reasonably cooperate with Energy Systems Development in removing the System including providing necessary space,access and storage,and we will reasonably cooperate with you to schedule removal in a time and manner that minimizes inconvenience to you. 5. FORCE MAJEURE If Energy Systems Development is unable to perform all or some of its obligations under this Limited Warranty because of a Force Majeure Event, Energy Systems Development will be excused from whatever performance is affected by the Force Majeure Event,provided that (a) Energy Systems Development,as soon as is reasonably practical,gives you notice describing the Force Majeure Event, (b) Energy Systems Development's suspension of its obligations is of no greater scope and of no longer duration than is required by the Force Majeure Event(i.e.,when a Force Majeure Event is over,we will make repairs),and (c) No Energy Systems Development obligation that arose before the Force Majeure Event that could and should have been fully performed before such Force Majeure Event is excused as a result of such Force Majeure Event. "Force Majeure Event"means any event,condition or circumstance beyond the control of and not caused by Energy Systems Development's fault or negligence. It shall include,without limitation,failure or interruption of the production;delivery or acceptance of power due to:an act of god; war(declaredor undeclared);sabotage;riot:insurrection;civil unrest ordisturbance;military orguerilla action,terrorism;economic sanction or embargo:civil strike,workstoppage,slow-down,orlock-out;explosion;fire;earthquake;abnormal weather condition or actions of the elements,hurricane;flood; lightning;wind:drought:the binding order of any governmental authority(provided that such order has been resisted in good faith by all reasonable legal means);the failureto act on the part of any governmental authority(provided that Such action has been timely requested and diligently pursued);unavailability of power from the utility grid,equipment,supplies or products(but not to the extent that any such availability of any of the foregoing results from Energy Systems Development's failure to have exercised reasonable diligence):power or voltage surge caused by someone other than Energy Systems Development including a grid supply voltage outside of the standard range specified by your utility,and failure of equipment not utilized by Energy Systems Development or under its control. 6. LIMITATIONS ON LIABILITY Page 15 of 21 5420 Dougtas Blvd Suite F Granite Bay Ca. 95746 T1916) 772-4936 (a) No Consequential Damages YOU MAY ONLY RECOVER DIRECT DAMAGES INCLUDING THOSE AMOUNTS DUE PURSUANT TO SECTIONS 2(c)AND 6(C) UNDER THIS LIMITED WARRANTY,AND IN NO EVENT SHALL ENERGY SYSTEMS DEVELOPMENT OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU ORYOURASSIGNS FOR SPECIAL,INDIRECT,PUNITIVE,EXEMPLARY,INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE.SOME STATES DO NOTALLOWTHE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATION MAY NOTAPPLY TO YOU. (b) Limitation of Duration of Implied Warranties ANY IMPLIED WARRANTIES,INCLUDING THE IMPLIED WARRANTIES OF FITNESS FORA PARTICULAR PURPOSEAND MERCHANTABILITYARISING UNDERSTATE LAW,SHALL IN NO EVENT EXTEND PASTTHE EXPIRATION OF ANY WARRANTY PERIOD IN THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,SO THE ABOVE LIMITATION MAY NOTAPPLY TO YOU. (c) Limit of Liability Notwithstanding any other provision of this Limited Warranty to the contrary,Energy Systems Development's total liability arising out of relating to this Limited Warranty shall in no event: (i) For System Replacement: exceed the greater of(a)the sum of the Monthly Payments over the Term of the Power Purchase Agreement and(b)the original cost of the System;and (ii) For damages to your Site, Belongings and Property: Except for indemnification of third party claims pursuant to Section 5(g-i) of the Agreement, Energy Systems Development's aggregate liability under this limited warranty arising out of or in connection with the installation,operation or performance of the System shall not exceed the higher of$5,000,000,subject to annual adjustment to reflect increases(but not decreases)in the applicable Consumer Price Index for the region;or(ii)the maximum amount of insurance required to be maintained by Energy Systems Development under this Agreement(regardless of whether or not Energy Systems Development actually maintained such insurance policy,or other claims made against such policy)The provisions of this Section shall apply whether such liability arises in contract,tort(including negligence),strict liability or otherwise. 7. NOTICES All notices under this Limited Warranty shall be made in the same manner asset forth in the Power Purchase Agreement to the addresses listed below: TO ENERGY SYSTEMS DEVELOPMENT: Energy Systems Development LLC 4120 Douglas Blvd. Suite 306-360 Granite Bay Ca 95746 Telephone:916-772-4936 Facsimile: 916-880-5698 Email STU@ESDevelop.com TO YOU: At the billing address in the Power Purchase Agreement or any subsequent billing address you give us. 8. ASSIGNMENT AND TRANSFER OF THIS LIMITED WARRANTY Energy Systems Development may assign its rights or obligations under this Limited Warranty to a third party without your consent,provided that any assignment of Energy Systems Development's obligations under this Limited Warranty shall be to a party professionally and financially qualified to perform such obligation. This Limited Warranty protects only the person who hosts the System. Your rights and obligations under this Limited Warranty will be automatically transferred to any person who purchases the System from you or to whom you properly transfer the Power Purchase Agreement.This Limited Warranty contains the parties'entire agreement regarding the limited warranty of the System. Page 16 of 21 5420 Douglas Blvd Suite F Granite Bay Ca. 95746 T(916) 772-4936 Exhibit 3 Insurance Requirements Energy Systems Development shall comply with the insurance requirements in this Exhibit 3 and shall furnish the Town with a certificate of insurance prior to commencement of Work under this contract as evidence of the following insurance obtained at Energy Systems Development's expense, applicable to all operations under the Power Purchase Agreement. Coverage shall be subject to Town's approval and shall be written with companies authorized to do business in the state in which the project is located with a minimum AM Best's Rating of"A-VII" or better and acceptable to Town (however, worker's compensation insurance provided by the California State Compensation Insurance Fund shall be permitted), and shall be provided for the coverages and minimum amounts described below: 1. Worker's Compensation Insurance as required by statute and Employer's Liability with limits not less than $1,000,000 for bodily injury by each accident, and $1,000,000 bodily injury by disease-policy limit; and $1,000,000 bodily injury by disease of each employee. 2. Commercial General Liability insurance as provided under the Insurance Services Office form CG 00 01 or equivalent, without restriction for explosion, collapse, and underground property damage hazards, and shall provide at least thefollowing: a. Contractual Liability b. Products & Completed Operations C. Employees as Insureds d. No restriction for subsidence C. Personal Injury Liability f. The minimum limits of liability shall be: 2,000,000 General Aggregate 2,000,000 Products & Completed Operations Aggregate 1,000,000 Each occurrence 1,000,000 Personal Injury 50,000 Fire Damage, Any One Fire 5,000 Medical Payments, Each Person g. Liability Insurance shall be written to cover all claims incurred during the term of this Agreement or out of any work performed pursuant to the Agreement, regardless of when such claim shall be first made against Town and/or Energy Systems Development. Claims-Made coverage forms are not acceptable for the Commercial General Liability coverage requirement herein. h. Products and Completed Operations Insurance shall be maintained for the statutory period applying to claims arising out of the Work and, at a minimum, for period of ten (10) years after "Substantial Completion" (defined as the date of first operation of the system). Energy Systems Development shall continue to furnish evidence of such coverage to Town on an annual basis during the aforementioned period. 3. Comprehensive Automobile Liability Insurance including coverage for all owned, hired and non-owned automobiles, trucks, trailers and semi-trailers, including but not limited to machinery or apparatus attached thereto, with limits not less than the following: $1,000,000 Per occurrence, Bodily Injury and Property Damage Liability. 4. Excess Liability in excess of Commercial General Liability, Owned / Non-Owned/ Hired Auto Liability, and Employers Liability, with limits of at least: Page 17 of 21 5420 Douglas Blvd Suite F Granite Bay Ca. 95746 T(916) 772-4936 2,000,000 Each occurrence 2,000,000 Aggregate 5. Additional Insured. Town, and such affiliates of Town as may reasonably be requested, and their respective directors, officers, employees and agents shall be included as additional insureds under the Commercial General Liability, Commercial Auto Liability and Excess Liability policies carried by Energy Systems Development for ongoing and completed operations. The additional insured coverage shall not include any special limitations on the scope of protection afforded to Town or any of the other additional insureds. Town shall be provided with copies of the endorsements to the policies confirming such inclusion as additional insured. 6. Primary & Non-Contributory. All policies carried by Energy Systems Development shall be endorsed to state their coverage shall apply on a primary basis, with any insurance carried by the Town or its affiliates being excess and not contributing with respect to the policies affording additional insured coverage. 7. Entire amount of any Deductible and/or Self-Insured Retention under any policy required of or carried by Energy Systems Development shall be the responsibility of and paid by Energy Systems Development unless recoverable under an indemnity clause. 8. Within thirty days after execution of this Agreement and upon Town's request annually thereafter, Energy Systems Development shall deliver to Town true and correct copies of all certificates of insurance evidencing such coverage in a form acceptable to Town and with the endorsement. These certificates shall specify that Town shall be given at least thirty days prior written notice by the insurer in the event of any material modification, cancellation or termination of coverage. Such insurance shall be primary coverage without right of contribution from any insurance of Town. Should any such policy of insurance be cancelled or changed, Energy Systems Development agrees to immediately provide Town true and correct copies of all new or revised certificates of insurance 9. CONTRACTOR REQUIREMENTS. Energy Systems Development shall require that all contractors and Subcontractors secure and maintain at their own expense, insurance coverage applicable to their operations under the Agreement as determined by Energy Systems Development; provided, any such insurance coverage that differs from coverage Energy Systems Development is required to provide under this Schedule shall be subject to Town's approval in its reasonable discretion. Page 1&of 21 5420 Douglas Blvd Suite F Granite Bay Ca. 95746 T(916) 772-4936 Exhibit 4 System Description Install 58.24 KW System Powers Steel Semi Cantilever Carport 182 @ 320 W REC N Peak black Panels Solar Edge Optimizers Solar Edge Inverters Plans to be approved by the Town and attached Page 19 of 21 5420 Douglas Blvd Suite F Granite Bay Ca. 95746 T(916)772-4936 `u0a"9!,J 1"1f1 O,UiWj€I 4 It \)I.I.1'.L i:)I 1011-\iMAf31.I,:3t:);�Ll.? k L[1 :Ir ; •� 3' 3 q I �\ t 1 > s I i .. J r cr Pt f Vwl4 Y 5�s I^ II i Page 20 of 21 5420 Douglas Blvd Suite F Granite Bay Ca. 95746 T(916) 772-4936 0 LLI I Ad 2it k05 e <r, ?' M) I_V.li EXHIBIT 4 & 7 �; fr�a, ✓79 � r � �. `� t��"-' �',. i �zv t i ��f z �t � "��f Y�� �"`i S. 5b "'tom 4 x� q 4 " � b r A 7 ��' s, � L '� ��� �� ��� � ,�►. ,fit g w t f r z b u t j V: .�'.°�— ,.., _ f,� ! ..' �tit; .y�me"_.tea", •p .� ,�'�''�,. cy r F��' � r�����.:. k v � t• t .tw gyp' r .�' 'rr 7K, rw ME r