HomeMy WebLinkAboutTC Ord 2020-01-15 ORDINANCE NO. 586 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF TITLE IV,
CHAPTER 13 OF THE TI13URON MUNICIPAL CODE BY
ADOPTING WITH AMENDMENTS THE MOST RECENT
STANDARDIZED CONSTRUCTION CODES
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. The Town Council held a public hearing on November 20, 2019, and has heard and
considered any and all public testimony on this matter to introduce the proposed
ordinance.
B. The Town Council held a second public hearing on January 15, 2020 and considered
any and all public testimony on this matter.
C. The Town Council finds that all notices and procedures required by law attendant to
the adoption of this Ordinance have been followed.
D. The Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare.
E. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan.
F. The Town Council finds that the adoption of this Ordinance is ministerially exempt
from the requirements of CEQA and is also exempt pursuant to Section 15061(b)
(3) of the CEQA Guidelines.
Section 2. Amendments to Chapter 13, Article II.
Tiburon Municipal Code Title IV_ Chapter 13, Article II (Technical Codes) is hereby
amended in its entirety to read as folloNy s:
Article 1I. Technical Codes
13-4 Adoption by reference of technical codes.
For the purpose of establishing proper regulations for building construction, for the
installation of plwnbing.
,as appliances and electrical systems, and for the storage and
handling of flammable liquids_ the codes or portions thereof set forth in this article are
adopted and are made a part of this chapter by reference without further publication or
posting thereof, and not less than one certified copy, along with the deletions and
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 1
exceptions therefrom and additions and amendments thereto, shall be kept on file for use
and examination by the public in the office of the town cleric.
13-4.1 Building Code.
The Town Council hereby adopts, for the purpose of providing minimum requirements for
the protection of life, limb, health, property, safety and welfare of the general public, that
certain code known as the 2019 California Building Code (based on the 2018 hhternational
Building Code), Volume 1 and Volume 2, including the following appendices: Appendix
J as published by the California Building Standards Commission in the California Code of
Regulations, Title 24. Part 2, hereinafter referred to as the "California Building Code",
save and except such portions as are hereinafter amended or modified by Section 13-4.1.1
of this chapter.
13-4.1.1 Amendments made to the 2019 California Building Code.
The 2019 California Building Code is amended to read as follows:
(a) Section 1.8.5.1 is amended to read as follows:
1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure
Section 1822.50 et. seq., officers and agents of the Building Official may enter and
inspect public and private properties to secure compliance with the provisions of
this code and the rules and regulations promulgated by the department of housing
and community development. For limitations and additional information regarding
enforcement, see the following:
(The remainder of this section is unchanged.)
(b) Section 1.8.8.1 is amended to add the following as an additional paragraph at the
end of the existing section:
For appeal of non-administrative provisions of the code, the local appeals board and
the housing appeals board shall be the Tiburon Building Code Appeals Board.
except that if required by Health and Safety Code section 19957.5, the local appeals
board and the housing appeals board shall be the County of Marin's Disability
Access Appeals Board. The town council shall hear appeals of administrative
provisions as generally described in the administrative chapter of this code.
(c) Chapter 1, Division 11 is modified as follows:
(1) Section 104.6 is amended to add the following phrase to the end of the last
sentence: ". including the warrant provisions of Section 1822.50 et. seq. of
the Code of Civil Procedure of the State of California."
(2) Section 105.2 is amended to delete subsections 2, 4, 5, 6 and 12. and to
modify subsections 1 and 7 to read as follows:
1. Detached accessory structures used as playhouses or play structures
provided that the structure:
a. Does not exceed one-hundred twenty (120) square feet in area
and is portable (i.e., is not anchored or affixed in any way):
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 2
b. Does not exceed twelve (12) feet in height; and
C. Contains no plumbing, electricity or heating or cooling
appliances.
d. Does not exceed onc-story.
7. Painting. papering, tiling, carpeting, counter tops and similar finish
work; except that repaving and/or re-striping of parking lots shall
require a permit.
(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 null and void eighteen (18) months from the date the
permit is issued.
2. In instances where the 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 regular basis, and any other
relevant facts.
3. If the project is not completed within the six (6) month extension
allowed under subsection 2 above, or if the six (6) month extension
was not provided under subsection 2, a Stop Work Order may be
issued on the date of expiration and work shall not recommence until
the permit is reactivated and extended. A reactivation and extension
may be issued by the Building Official once a reactivation/extension
Charge equal to one (1) times the original project construction permit
fee 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 reaciivation/extension granted pursuant to this
paragraph.
4. If the project is not completed within the six (6) month extension
allowed under subsection 3 above, a Stop Work Order may 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 a
Town of Tiburon Ordinance No.586 N.S. Effective ?/14/2020 Page 3
Reactivation/Extension Charge equal to three (3) times the original
project construction permit fees, as defined in subsection 3 above, is
paid. 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.
5. If the project is not completed within the six (6) month extension
allowed under subsection 4 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. 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.
6. If the project is not completed within the six (6) month extension
allowed Linder subsection 5 above, or pursuant to this subsection 6, 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 3 above) as a Reactivation/Extension
Charge.
(4) Section 109.2 is amended to read as follows:
109.2 Schedule of Fees.
On buildings, structures, electrical. gas, mechanical and plumbing system
alterations requiring a permit, a fee for each permit shall be required as set
forth in the Building Division Fee Schedule as adopted by resolution of the
town council and amended from time to time.
(5) Section 109.4 is amended to read as follows:
109.4 Work commencing before permit issuance.
Any person who commences any work without a permit on a building,
structure, electrical. gas. mechanical or plumbing system before obtaining
the necessary 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.
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 4
(6) Section 113.1 is amended to add the following as an additional paragraph at
the end of the existing section:
For appeals of non-administrative provisions of the code, the local appeals
board and the housing appeals board shall be the Tiburon Building Code
Appeals Board, except that if required by Ilealth and Safety Code section
19957.5, the local appeals board and the housing appeals board shall be the
County of Mann's Disability Access Appeals Board. The town council shall
hear appeals of administrative provisions as generally described in the
administrative chapter of this code.
(d) Section 202. Definitions, is amended to change the definition of "Approved
Agency" to read as follows:
[A] Approved Agency. An established and recognized agency that is
regularly engaged in conducting tests, furnishing inspection services or
furnishing product certification where such agency has been approved by the
building official. Approval shall be based on the review of the agency's
quality control manuals and standard operating procedures in accordance
with ASTM E329-18.
[HCD1 & HCD 21 "Approved agency shall 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.
(e) Section 502.1 is amended to read as follows:
502.1 Address Numbers.
1. The following standards for address markings shall apply to residential
buildings:
a. All residential structures shall display a street number in a prominent
position so that it shall be easily visible from the street. The numerals
in these numbers shall be no less than four inches in height, and one-
half inch in width, of a color contrasting to the background and
located so they may be clearly seen and read. If a building is not
easily visible fi-om the street. then the numbers are to be mounted at
the access drive leading to the buildiuP.
b. At each vehicular access to a multiple family dwelling complex
having four or more buildings.. there shall be an illuminated
diagrammatic representation (plot plan) of the complex, which shows
the location of the viewer and the building units within the complex.
C. In multiple family dwell1n0 complexes, any building having a
separate identifying factor other than the street number shall be
clearly identified in the manner described in subsection (a). 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
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 5
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 considered supplemental only and shall not satisfy the
requirements of this section.
2. The following standards for address markings shall apply to commercial
buildings:
a. The address number of every commercial building shall be located
and displayed so that it shall be easily visible from the street.
b. The numerals in these numbers shall be no less than six inches in
height, one-half inch in width, and of a color contrasting to the
background. In addition, any business which affords vehicular access
to the rear through any driveway, alleyway, or parking lot shall also
display the same numbers on the rear of the building.
C. When required by the Building Official, approved numbers or
addresses shall be placed on all new and existing buildings in such a
position as to be plainly visible and legible from the fire apparatus
road 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.
(f) Section 903.2, first sentence, is amended to read as follows:
903.2 Where required.
Approved automatic sprinkler systems in new buildings and structures shall
be provided in the locations described in this section, provided that where
applicable code provisions adopted by the Tiburon Fire Protection District or
Southern Marin Fire Protection District are more restrictive. the more
restrictive provisions shall control.
(g) Section 1015.2 is amended by adding the following as the last sentence of the
paragraph, before the listed exceptions:
Guards are also required at waterfi-ont bulkheads. fixed piers and gangways.
(h) Section 1505 is amended to read as follows:
The roof covering on any structure regulated by this code shall be as
specified in California Building Code Chapter 15 Nvith the following
conditions:
1. All new buildings and new additions shall have at least a Class A-
listed or noncombustible roof covering.
2. Where alterations or repairs to existing roofs involve more than fifty
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 6
(50) percent of the total area of an existing building within a one-year
time period, the entire roof-shall be retrofitted with at least a Class A-
listed or noncombustible roof.
3. Where applicable code provisions adopted by the Tiburon Fire
Protection District or Southern Marin Fire Protection District are
more restrictive, the more restrictive provisions shall control.
(i) Appendix J "GRADING" is modified as follows:
(1) J103 "Permits Required" is amended. to add the following:
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.
(2) J110 "Erosion Control" is amended. to add the following:
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.
The Town Council hereby adopts, for the purpose of providing minimum requirements for
the protection of life, limb, health, property, safety.. and welfare of the general public, that
certain code known as the 2019 California Residential Code (based on the 2018
International Residential Code), including Appendices J and Q published by the
International Code Council, and as amended by the California Building Standards
Commission in the California Code of Regulations, Title 241, Part 2.5. hereinafter referred
to as the "California Residential Code." save and except such portions as are hereinafter
amended or modified by Section 13-4.2.1 of this chapter.
13-4.2.1 Amendments to the 2019 California Residential Code.
The 2019 California Residential Code is amended as follows:
(a) Section 1.8.5.1 is amended to read as follows:
1.8.5.1 General. Subject to the provisions of law. including Code of Civil Procedure
Section 1822.50 et. seq., officers and agents of the Building Official may enter and
inspect public and private properties to secure compliance with the provisions of
this code and the rules and regulations promulgated by the department of housing
and community development. For limitations and additional information regarding
enforcement, see the following:
(The remainder of this section is unchanged.)
(b) Section 1.8.8.1 is amended to delete the second paragraph and add the following
paragraph to the end of the section:
For appeal of non-administrative provisions of the code. the local appeals board and
the housing appeals board shall be the Tiburon Building Code Appeals Board,
except that if required by Health and Safety Code section 1995 7.5, the local appeals
board and the housing appeals board shall be the County of Marin's Disability
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 7
Access Appeals Board. The town council shall hear appeals of administrative
provisions as generally described in the administrative chapter of this code.
(c) Chapter 1, Division II is modified as follows:
(1) Section 104.6 is amended to add the following phrase to the end of the last
sentence:
including the warrant provisions of Section 1822.50 et. seq. of the Code of
Civil Procedure of the State of California."
(2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5, 9 and
10, and to modify subsections 1 and 6 to read as follows:
1. Detached accessory structures used as playhouses or play structures
provided that the structure:
a. Does not exceed one-hundred twenty (120) square feet in area
and is portable (i.e., is not anchored or affixed in any way);
b. Does not exceed twelve (12) feet in height; and
C. Contains no plumbing. electricity or heating or cooling
appliances.
d. Does not exceed one-story.
6. Painting, papering, tiling, carpeting., counter tops and similar finish
work; except that repaving and/or re-striping of parking lots shall
require a permit.
(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 null and void eighteen (18) months from the date the
permit is issued.
2. In instances where the 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 regular basis. and any other
relevant facts.
3. If the project is not completed within the six (6) month extension
allowed under subsection 2 above or if the six (6) extension was not
provided under subsection 2. a Stop Work Order may be issued on
the date of expiration and work shall not recommence until the
permit is reactivated and extended. A reactivation and extension may
be issued by the Building Official once a reactivation/extension
Charge equal to one (1) times the original project construction permit
fee is paid. A react]vation/extension charge, for purposes of this
Town of Tiburon Ordinance No.586 N.S. Effective 2/14!2020 Pa(ye 8
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.
4. If the project is not completed within the six (6) month extension
allowed under subsection 3 above, a Stop Work Order may 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 a
Reactivation/Extension Charge equal to three (3) times the original
project construction permit fees. as defined in subsection 3 above, is
paid. 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.
5. If the project is not completed within the six (6) month extension
allowed under subsection 4 above, a Stop Work Order shall be issued
and the tnatter 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. 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.
6. If the project is not completed within the six (6) month extension
allowed under subsection 5 above. or pursuant to this subsection 6, 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) tinges the original project construction permit
fees (as defined is subsection 3 above) as a Reactivation Extension
Charge.
Town of TIbUI'011 Ordinance No.586 N.S. Effective 2/14/2020 Pa(-,c 9
(d) Section R312.1.1 is amended by adding the following sentence at the end of this
section:
"Guards are also required at waterfront bulkheads, fixed piers and gangways for
these portions of open-sided walking surfaces only."
(e) Section R313.3.1, is amended to add the following to the beginning of the section,
to read as follows:
8313.3.1 Where required.
Approved automatic sprinkler systems in new buildings and structures shall be
provided in the locations described in this section, provided that where applicable
code provisions adopted by the Tiburon Fire Protection District or Southern Marin
Fire Protection District are more restrictive; the more restrictive provisions shall
control.
(The remainder of this section is unchanged)
(f) Section R319.1 is amended to read as follows:
R319.1 Address Numbers. The following standards for address markings shall apply
to residential buildings:
a. All residential structures shall display a street number in a prominent
position so that it shall be easily visible from the street. The numerals in
these numbers shall be no less than four inches in height, and one-half inch
in width, of a color contrasting to the background and located so they may
be clearly seen and read. If a building is not easily visible from the street,
then the numbers are to be mounted at the access drive leading to the
building.
b. At each vehicular access to a multiple family dwelling complex
having four or more buildings, there shall be an illuminated
diagrammatic representation (plot plan) of the complex. which shows
the location of the viewer and the building 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 members on street curbs or decorative numbering, but this
shall be considered supplemental only and shall not satisfy the
requirements of this section.
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 10
(g) Section R905.1 is amended to read as follows:
R905.1 Roof covering application. The roof covering on any structure regulated by
this code shall be as specified in California Residential Code Chapter 9 with the
following conditions:
1. All new buildings and new additions shall have at least a Class A-listed or
noncombustible roof covering.
2. Where alterations or repairs to existing roofs involve more than nifty percent
of the total area of an existing building within a one year time period, the
entire roof shall be retrofitted with at least a Class A-listed or
noncombustible roof.
3. Where applicable code provisions adopted by the Tiburon Fire Protection
District or Southern Marin Fire Protection District are more restrictive. the
more restrictive provisions shall control.
13-4.3 Plumbing Code.
The Town Council hereby adopts, for the purpose of providing minimum requirements for
the protection of life, limb, health, property, safety and welfare of the general public, that
certain code known as the 2019 California Plumbing Code (based on the 2018 Uniform
Plumbing Code), published by the International Association of Plumbing and Mechanical
Officials, and as amended by the California Building Standards Commission in the
California Code of Regulations, Title 24, Part 5, hereinafter referred to as the "California
Plumbing Code", save and except such portions as are hereinafter amended or modified by
Section 13-4.3.1 of this chapter.
13-4.3.1 Amendments made to the 2019 California Plumbing Code.
The 2019 California Plumbing Code is amended as follows:
(a) Section 1.8.5.1 is amended to modify the first paragraph to read as follows:
Section 1.8.5.1 General. Subject to the provisions of law, including Section 1822.50
et. seq. of the Code of Civil Procedure of the State of California, officers and agents
of the Building Official may enter and inspect public and private properties to
secure compliance with the provisions of this code. For limitations and additional
information regarding enforcement, see the following:
(The remainder of this section is unchanged)
(b) Section 1.8.8.1 is amended to delete the second paragraph and add the following
paragraph to the end of the section:
For appeal of non-administrative provisions of the code, the local appeals board and
the housing appeals board shall be the Tiburon Building Code Appeals Board.
except that if required by Health and Safety Code section 19957.5. the local appeals
board and the housing appeals board shall be the County of Mann's Disability
Access Appeals Board. The town council shall hear appeals of administrative
provisions as generally described in the administrative chapter of this code.
(c) Chapter I. Division 11 is amended as follows:
(1) Section 101.1 is amended to read as follows:
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 1 I
These regulations shall be known as the California Plumbing Code. may be
cited as such, and will be referred to herein as "this code".
(2) Section 103.1 is amended to add the following sentence at the end of the
section to read as follows:
The term "AUTHORITY HAVING JURISDICTION shall mean the
Building Official or his duly authorized representative.
(4) Section 104.3 is amended to replace the existing first paragraph to read as
follows:
104.3 Application. To obtain a permit, the applicant shall apply to the
Authority Having Jurisdiction for that purpose. Every such application shall:
(The remainder of this section is unchanged.)
(5) Section 104.3.2 is amended to read as follows:
104.3.2 General. Fees shall be assessed in accordance with the provisions of
this section and as set forth in the Building Division Fee Schedule adopted
by resolution of the town council and amended from time to time.
(6) Section 104.5 is amended to read as follows:
104.5 Fees. Any person desiring a permit required by this code shall, at the
time of issuance therefore, pay a fee, which 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.
(7) Section 105.2.6 is amended to replace the fourth paragraph with the
following:
To obtain re-inspection, the applicant shall first pay the re-inspection fee in
accordance with the Building Division Fee Schedule adopted by resolution
of the town council and amended from time to time.
(9) Section 203.0 is amended to change the following definition to read as
follows:
"AUTHORITY HAVING JURISDICTION". The Authority I-Iaving
.Jurisdiction shall mean the Building Official or his duly authorized
representative.
13-4.4 Electrical Code.
The Town Council hereby adopts, for the purpose of providing minimum requirements for
the protection of life.. limb, health, property, safety and welfare of the general public, that
certain code known as the 2019 California Electrical Code (based on the National Electrical
Code. 2018 Edition) as published by the National Fire Protection Association. and as
amended by the California Building Standards Commission in the California Code of
Regulations. Title 24, Part 3, hereinafter referred to as the "California Electrical Code".
save and except such portions as are hereinafter amended or modified by Section 13-4.4.1
of this chapter.
13-4.4.1 Amendments made to the 2019 California Electrical Code.
'The 2019 California Electrical Code is amended or modified as follows:
(a) Section 89.108.4.2 is amended to read as follows:
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 12
89.108.4.2 Fees. Any person desiring a permit required by this code shall, at the
time of issuance thereof, pay a fee, which shall be as set forth in the Building
Division Fee Schedule adopted by resolution of the town council and amended from
time to time.
(b) Section 89.108.5.1 is amended to modify the first sentence to read as follows:
Section 89.108.5.1 General. Subject to other provisions of law, including Section
1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers
and agents of the Building Official may enter and inspect public and private
properties to secure compliance with the provisions of this code.
(The remainder of this section is unchanged.)
(C) Section 89.108.8.1 is amended by adding the following sentence thereto to the end
of the section:
For appeal of non-administrative provisions of the code, the local appeals board and
the housing appeals board shall be the Tiburon Building Code Appeals Board,
except that if required by Health and Safety Code section 19957.5, the local appeals
board and the housing appeals board shall be the County of Marin's Disability
Access Appeals Board. The town council shall hear appeals of administrative
provisions as generally described in the administrative chapter of this code.
(d) Article 100 is amended to change the following definition to read as follows:
Authority Having Jurisdiction (AHJ)—The Authority Having Jurisdiction shall
mean the Building Official or his or her duly authorized representative.
(c) Section 210.12 (D) is amended as follows:
(D) Branch Circuit Extensions or Modifications-Dwelling Units and Dormitory
Units. The provisions of this section shall apply to existing dwelling units when electrical
service panels or sub-panels are replaced or upgraded. In any of tine areas specified in
210.12(A) or (B), where branch-circuit wiring is modified, replaced, or extended, the
branch circuit shall be protected by one of the following:
(1) A listed combination-type AFCI located at the origin of the branch circuit.
(2) A listed outlet branch-circuit-type AFCI located at the first receptacle outlet
of the existing branch circuit.
Exception: AFCI protection shall not be required where the extension of tlnc existing
conductors is not more than 1.8 m (6 ft) and does not include any additional outlets
or devices.
13-4.5 Fire Code.
The Town Council hereby adopts. for the purpose of providing minimum requirements for
the protection of life. limb, health, property, safety and welfare of the general public, that
certain code known as the 2019 California Fire Code (as adopted and modified by the
current Tiburon Fire Protection District and Southern Marin Fire Protection District
ordinances), which Code and ordinances are hereby referred to. ratified. and made a part
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 13
hereof as if fully set forth herein. Copies of said code and ordinances are on file and
available for public inspection in the office of the town clerk.
13-4.6. Housing Code.
The Town Council hereby adopts, for the purpose of providing minimum requirements for
the protection of life, limb, health, property. safety and welfare of the general public, that
certain code known as the Uniform Housing Code (1997 Edition, as published by the
International Conference of Building Officials). hereinafter referred to as the "Uniform
Housing Code", save and except such portions as are hereinafter changed or modified by
Section 13-4.6.1 of this chapter.
13-4.6.1 Amendments made to the 1997 Uniform Housing Code.
The 1997 Uniform Housing Code is amended as follows:
(a) Section 103 is amended to revise the second sentence of the first paragraph to read
as follows:
Such occupancies in existing buildings may be continued as provided by the
California Existing Building Code. as contained in Title 24, Part 10 of the California
Code of Regulations, except such structures as are found to be substandard as
defined by this code.
(b) Section 104.1 is amended to read as 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.
(c) Section 201.1 is amended to revise the first paragraph to read as follows:
The Building Official and his designees are hereby authorized and directed to
enforce all of the provisions of this code. For such purposes, such officials shall
have the powers of law enforcement officers.
(d) Section 201.2 is amended to read as follows:
Whenever necessary to make an inspection to enforce any of the provisions of this
title, or whenever the Building Official or his authorized representative has
reasonable cause to believe that there exists in any building or upon any premises an
immediate threat to health and safety. the Building Official or his authorized
representative may enter such building or premises at all reasonable times to inspect
the same or to perform any duty imposed upon the Building Official by this code;
provided, that if such building or premises be occupied he shall first present proper
credentials and demand entry: and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and demand entry. 11' such entry is
refused, the Building Official, or his authorized representative. shall have recourse
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 14
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.
(e) Section 203.1 is amended by adding the following sentence to the end of the section
thereto:
For appeal of non-administrative provisions of the code, the housing advisory and
appeals board shall be the Tiburon Building Code Appeals Board. If required by
Health and Safety Code section 19957.5, the housing advisory and appeals board
shall be the County of Marin's Disability Access Appeals Board. The town council
shall hear appeals of administrative provisions of this code.
(f) Section 301 is amended to read as follows:
No building or structure regulated by this code shall be erected, constructed,
enlarged altered, repaired, moved, improved. removed. converted or demolished
unless a separate permit for each building or structure has first been obtained as
required by the Building Code.
(g) Section 302 is deleted.
(h) Section 303 is amended to read as follows:
Buildings or structures within the scope of this code and all construction or work for
which a permit is required shall be subject to inspection by the Building Official as
provided by this code and in accordance with the applicable requirements of the
Building Code.
(i) Section 401 is amended to add or change certain definitions as follows:
(1) The definition of 'Building Code" in Section 401 is amended to read as
follows:
BUILDING CODE is the California Building Code as adopted with
amendments by the Town of Tiburon.
(2) A definition for ",Building Official" is added to Section 401 to read as
follows:
BUILDING OFFICIAL is the Building Official in the Community
Development Department of the Town of Tiburon.
(3) The definition of "Mechanical Code" in Section 401 is amended to read as
follows:
MECHANICAL CODE is the California Mechanical Code as adopted with
amendments by the Town of Tiburon.
(4) The definition of "Plumbing Code" in Section 401 is amended to read as
follows:
PLUMBING CODE is the California Plumbing Code as adopted with
amendments by the Town of Tiburon.
,]-,O\\]I of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 15
13-4.7 Mechanical Code.
The Town Council hereby adopts, for the purpose of providing minimum requirements for
the protection of life, limb, health, property, safety and welfare of the general public, that
certain code known as the 2019 California Mechanical Code (based on the Uniform
Mechanical Code, 2018 Edition) as amended by the California Building Standards
Commission in the California Code of Regulations, Title 24. Part 4_ hereinafter referred to
as the "California Mechanical Code", save and except such portions as are hereinafter-
amended or modified by Section 13-4.7.1 of this chapter.
13-4.7.1 Amendments made to the 2019 California Mechanical Code.
The 2019 California Mechanical Code is amended as follows:
(a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding tine following sentence
to the end of the section thereto:
For appeal of non-administrative provisions of the code. the board of appeals shall
be the Tiburon Building Code Appeals Board, except that if required by Health and
Safety Code section 19957.5, the board of appeals shall be the County of Marin's
Disability Access Appeals Board. The town council shall hear appeals of
administrative provisions as generally described in the administrative chapter of this
code.
(b) Chapter 1, Division 11 is amended as follows:
Section 101.1 is amended to read as follows:
These regulations shall be known as the California Mechanical Code, may be cited
as such, and will be referred to herein as "this code".
(c) Section 104.3.2 is amended to read as follows:
104.3.2 General. Fees shall be assessed in accordance with the provisions of this
section and as set forth in the Building Division Fee Schedule adopted by resolution
of the town council and annended from time to time.
(d) Section 104.5 is amended to read as follows:
104.5 Fees. Any person desiring a permit required by this code shall, at the time of
issuance for the permit, pay a fee, which 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.
(e) Section 105.2.6 is amended to replace the third paragraph with the following:
To obtain re-inspection, the applicant shall first pay the re-inspection fee in
accordance with the Building Division Fee Schedule adopted by resolution of the
town council and amended from time to time.
(f) Section 107.1 is amended by adding the following to the end of the existin�� section
thereto:
For appeal of non-administrative provisions of the code, the board of appeals shall
be the Tiburon Building Code Appeals Board. except that if required by Health and
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 16
Safety Code section 19957.5, the board of appeals shall be the County of Marin's
Disability Access Appeals Board. The town council shall hear appeals of
administrative provisions as generally described in the administrative chapter of this
code.
(g) Section 203.0 is amended to change the following definition as follows:
The definition of"AUTHORITY HAVING JURISDICTION" is amended to read as
follows:
AUTHORITY HAVING JURISDICTION The Authority Having Jurisdiction
shall mean the Building Official or his duly authorized representative.
13-4.8 Dangerous Building Code.
The Dangerous Building Code of the Town shall be the Uniform Code for the Abatement of
Dangerous Buildings (1997 edition, as published by the International Conference of
Building Officials), on file with the office of the Town Clerk, which Code is hereby
referred to. adopted and made a part hereof as if fully set forth herein, save and except such
portions as are hereinafter amended or modified by Section U-4.8.1 of this chapter.
13-4.8.1 Amendments made to the 1997 Uniform Code for the Abatement of
Dangerous Buildings.
The 1997 Uniform Code for the Abatement of Dangerous Buildings is amended as follows:
(a) Section 103 is amended to read as follows:
All buildings or structures which 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.
(b) Section 201.3 is amended to read as follows:
Whenever necessary to make an inspection to enforce any of the provisions of this
title, or whenever the Building Official or his authorized representative has
reasonable cause to believe that there exists in any building or upon any premises an
immediate threat to health and safety, the Building Official or his authorized
representative may enter such building or premises at all reasonable times to inspect
the same or to perform any duty imposed upon the Buildin,.t Official b} this code;
provided, that if such building or premises be occupied he shall first present proper
credentials and demand entry; and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and demand entry. If such entry is
refused, the Building Official, or his authorized representative. shall hav e 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.
(c) Section 204 is amended to read as follows:
All buildings or structures within the scope of this code and all construction or work
for which a permit is required shall be subject to inspection by the Building Official
Town of Tiburon Ordinance No.586 N.S. Effectivc 2/14/2020 Pagc 17
as provided in this code and in accordance with the applicable requirements of the
Building Code.
(d) Section 205.1 is amended by adding the following sentence to the end of that
section thereto:
For appeal of non-administrative provisions of the code, the board of appeals shall
be the Tiburon Building Code Appeals Board, except that if required by Health and
Safety Code section 19957.5, the board of appeals shall be the County of Marin's
Disability Access Appeals Board. The town council shall hear appeals of
administrative provisions of this code.
(e) Section 301 is amended to change certain definitions as follows:
(1) The definition of"Building Code" is amended to read as follows:
BUILDING CODE is the California Building Code as adopted with
amendments by the Town of Tiburon.
(2) A definition of"Building Official" is 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.
The Town Council hereby adopts, for the purpose of providing minimum requirements to
enhance the public health and welfare and assure that residential and commercial
development is consistent with the Town's desire to create a more sustainable community
by incorporating green building measures into the design, construction, and maintenance of
buildings and appurtenant development, that certain code known as the California Green
Building Standards Code, 2019 edition (also known as the 2019 CALGreen Code) as
published by the California Building Standards Commission in the California Code of
Regulations, Title 24, Part 11, herein referred to as the "CALGreen Code." save and except
such portions as are hereinafter amended or modified by Section 13-4.9.1 of this chapter.
13-4.9.1 Amendments made to the 2019 CALGreen Code.
The California Green Building Standards Code is amended as follows:
(a) For new residential construction only (not including additions), the "Town Council
hereby adopts as mandatory measures the following otherwise voluntary divisions
of Appendix A4:
I . Division A4.1 (Planning & Design);
2. Division A4.3 (Water Efficiency & Conservation):
Division A4.4 (Material Conservation and Resource Efficiency);
4. Division A4.5 (Environmental Quality); and
�. Division A4.6 (Tier 1 & Tier 2), deleting all Tier 2 measures.
(b) For new nonresidential construction only (not including additions). the Town
Council hereby adopts as mandatory measures the following otherwise voluntary
divisions of Appendix A5:
1. Division A5.1 (Planning & Design);
"Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 18
2. Division A5.3 (Water Efficiency & Conservation);
3. Division A5.4 (Material Conservation and Resource Efficiency);
4. Division A5.5 (Environmental Quality); and
5. Division A5.6 (Tier 1 & Tier 2), deleting all Tier 2 measures.
13-4.10 Energy Code.
The Energy Code of the Town shall be the California Energy Code. 2019 edition, and the
appendices thereof, as published by the California Building Standards Commission.. on file
with the office of the Town Clerk, which Code and appendices are hereby referred to.
adopted and made a part hereof as if fully set forth herein.
13-4.11 Miscellaneous Portions of the Building Standards Code.
The Town Council hereby adopts, for the purpose of providing minimum requirements for
the protection of life. limb, health, property, safety, and welfare of the general public, 2019
California Building Standards Code Part 8 (Historical Building Code), Part 10 (Existing
Building Code), and Part 12 (Referenced Standards Code), said codes being on file with the
office of the Town Clerk.
Section 3. Findings Pursuant to Health & Safety Code.
A. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require
that findings be made in order to change or modify building standards found in the
California Building Standards Code based on local climatic, geologic, or
topographic conditions. Therefore, the Town of Tiburon hereby finds that these
changes or modifications to the Building Code as adopted herein are reasonably
necessary because of the following local climatic, geological and topographical
conditions:
1. Climatic conditions:
a. Most of the annual rainfall in Tiburon occurs during the Nvinter, it
receives no measurable precipitation between May and October.
During this time, temperatures average between 60 and 85 degrees.
These conditions eliminate most of the moisture in the natural
vegetation and heavily wooded hillsides. The area also suffers
periodic droughts that can extend the dry periods to other months of
the year. These conditions can be further exacerbated by occasional
off-shore 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.
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
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 19
State of California.
2. Geologic 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.
b. Much of the Downtown commercial area is located on bay alluvial
soils, which are subject to liquefaction in the event of an earthquake.
3. Topophic conditions:
a. Much of Tiburon is located in steep,. hilly areas: many of the
residential areas are heavily landscaped, and man}- 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 131). Should that highway
become impassable, the only alternative roadway on and off the
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
congestion, severely limiting emergency access.
B. Adoption by Reference of Tiburon Fire Protection District and Southern Marin Fire
District Findings:
The Town Council further adopts by reference all applicable climatic, geological,
and topographical conditions findings of the Tiburon Fire Protection District and the
Southern Marin Fire Protection District in their most recently-enacted ordinances
adopting and modifying the California Fire Code and other related codes.
C. Climatic, geological or topographical conditions necessitates the above mentioned
modified building standards. Refer to the Tiburon Municipal Code Section 13-4 for
specific Title 24, Part and Provisions amended.
Section 5. Severability.
If any section. subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction.
such decision shall not affect the validity of the remaining portions of the Ordinance. The
Town Council of the Town of Tiburon hereby declares that it would have passed this
Ordinance. any section, subsection, sentence, clause or phrase thereof: irrespective of the
fact that any one or more sections, subsections, sentences. clauses., or phrases may be
declared invalid or unconstitutional.
Town of"hiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 20
Section 6. Effective Date.
This Ordinance shall take effect 30 days after its passage and adoption pursuant to
California Government Code Section 36937. and before the expiration of fifteen (15) days
after passage by the Town Council, a copy of the ordinance shall be published with the
names of the members voting for and against it at least once in a newspaper of general
circulation published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the "Town of
Tiburon on November 20, 2019, and was adopted at a regular meeting of the Town Council
of the Town of Tiburon on January 15, 2020 by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Kulik. Thier, Welner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: One Vacant Seat
ALICE FREDERICKS. MAYOR
TOWN OF TIBURON
ATTEST:
X_ r
LEA STt-FANI, TOWN CLERK
Town of Tiburon Ordinance No.586 N.S. Effective 2/14/2020 Page 21