HomeMy WebLinkAboutTC Ord 1996-02-21
ORDINANCE NO. 418 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING IN ITS ENTIRETY CHAPTER 13 OF THE MUNICIPAL CODE
(BUILDING REGULATIONS)
The Town Council of the Town of Tiburon does hereby ordain as follows:
Section 1. Findinl!s.
A. The Town Council has held public hearings on February 7, 1996 and February 21, 1996,
and has received public testimony on this matter.
B. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
C. The Town Council finds that the changes and modifications made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
D. The Town Council has found that the changes and modifications made by this Ordinance
are consistent with the goals and policies of the Tiburon General Plan and other
ordinances and regulations.
E. The Town Council finds that these amendments are categorically exempt from the
requirements of the California Environmental Quality Act.
Section 2. Chapter 13 of the Tiburon Municipal Code Amended.
Chapter 13 of the Tiburon Municipal Code pertaining to building regulations is hereby amended in
its entirety to read as follows:
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CHAPTER 13
BUILDING REGULATIONS
Article I. In General.
Sec. 13-1. Building Inspection Division Established.
There is hereby established a building inspection division of the town, pursuant to section 104 of
the Uniform Building Code adopted by this chapter.
Sec. 13-2. Permits Required.
A. Building permits. No person shall erect, construct, enlarge, alter, repair, move, improve,
remove, correct, or demolish any building or structure in the town, or cause the same to
be done, without first obtaining a separate building permit for each such building or
structure, as required by the Uniform Codes adopted by this Chapter, from the building
inspection division. Only one permit is required to construct a dwelling and structures
accessory thereto which are to be built in conjunction with each other and at the same
time; provided that the plans submitted include construction details of all such structures
and the permit valuation is based on the valuation of all such structures.
B. Plumbing permits. No person shall do or cause or permit to be done any plumbing or
sanitary drainage work without first obtaining a permit for such work, as required by the
Uniform Codes adopted by this Chapter, from the building inspection division.
C. Heating and comfort cooling permits. No person shall install, alter, construct, or repair
any heating, ventilating, comfort cooling, or refrigeration equipment without first
obtaining a permit for such work, as required by the Uniform Codes adopted by this
Chapter, from the building inspection division.
D. Electrical permits. No person shall do any wiring or install any fixed electrical equipment
without first obtaining a permit for such work, as required by the Uniform Codes adopted
by this Chapter, from the building inspection division.
E. Excavation and grading permits. Except as exempted in section 3306.2 of the Uniform
Building Code, no person shall do any excavating or grading without first obtaining a
grading permit from the building inspection division.
F. Swimming pools and similar. No person shall install, alter, or repair any swimming pool,
hot tub, or spa without first obtaining a permit for such work, as required by the Uniform
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Codes adopted by this Chapter, from the building inspection division.
Sec. 13-3. Fees.
A. Before any permit required by this chapter is issued, the applicant shall pay to the building
inspection division the prescribed fee as established by resolution of the Council. If any
work which requires a permit is commenced without a permit having first been obtained,
the fee for the required permit shall be four times the usual fee. For such permit said fee
shall be in addition to such criminal penalties as may be imposed for violations of this
chapter.
B. Where it is found that work is being done under this chapter without a permit and that
such work would, under the terms ofthis chapter, require a permit, there shall be charged
an investigation fee in the amount established by resolution ofthe Council. The
investigation fee shall be in addition to all other fees and penalties as elsewhere set forth in
this chapter and shall be paid before any application for permit shall be considered.
C. Where more than one reinspection of any item requiring inspection has to be made
because work has not been ready or defects have not been corrected, a fee, as established
by resolution of the Council, will be charged for each additional reinspection, and shall be
paid before final approval of the work.
Article II. Technical Codes.
Sec. 13-4. Adoption by Reference of Technical Codes.
For the purpose of establishing proper regulations for building construction, for the
installation of plumbing, gas appliances and electrical systems, and for the storage and handling of
flammable liquids, the codes or portions thereof set forth in this article are hereby adopted and are
made a part of this chapter by reference without further publication or posting thereof, and three
certified copies, along with the deletions and 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 clerk.
Sec. 13-4.1. Building Code.
The building code of the town shall be the Uniform Building Code, 1994 edition, the
appendices thereof (except as otherwise provided herein), and the Uniform Building Code
Standards, 1994 edition, published by the International Conference of Building Officials, on file in
the office of the town clerk of the town, which said documents are hereby referred to, adopted
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and made a part hereof as if fully set forth herein, subject, however, to the following exceptions:
A. Section 10S is amended such that the function of the Board of Appeals is vested
with the town council.
B. Section 106.2, subsections 2, 3, 5, 6, 7, 9, 10, and 11 are deleted.
(The Town finds that these amendments are necessitated by local geologic,
climatic, and privacy considerations which exist in the Town ofTiburon.)
C. Section 107.5.2 is amended to read as follows:
"The investigation fee shall be established by resolution of the Town Council."
D. Section 502 is amended to read as follows:
"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 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. 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
and fire departments upon completion of construction. The maps shall
include building identification and unit identification.
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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:
The address number of every commercial building shall be located and
displayed so that it shall be easily visible from the street. 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. "
The Town's reasoning for these amendments is to ensure quick response time to
homes and businesses in case of emergency, and to better facilitate delivery of the
mail.
E. Section 1503 is amended to read as follows:
"The roof covering on any structure regulated by this code shall be as specified in
Table 15-A and as classified in Section 1504. The roof-covering assembly includes
the roofdeck, underlayment, interlayment, insulation, and covering which is
assigned a roof-covering classification.
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
50% 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"
The Town finds that these amendments are necessitated by local climatic
conditions or other fire hazard conditions which exist in Tiburon.
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F. Section 106.4.4 is amended to read as follows:
"1. Every permit issued by the building official under the provisions of this
code after April 15, 1994, shall expire by limitation and become null and void
eighteen (18) months from the date the permit is issued. The building official shall
have the discretionary authority to extend the permit in the following
circumstances:
(a) where the project is unusually large or complex additional time may be
granted at the time of application, or
(b) 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. In determining whether due diligence has
been exercised, the building official shall consider how soon work began
after issuance of the permit, whether work was conducted on a regular
basis and any other relevant facts.
Decisions of the building official made pursuant to this section may be
appealed to the Board of Appeals using the timelines and procedures found
in Chapter 16 of the Tiburon Municipal Code.
Once a permit has expired pursuant to this section, the work shall not
recommence until a new permit is issued. The new permit shall be issued
only if there have been no changes in the original plans and specifications
and a new fee equal to the full original fee is paid.
2. All permits issued by the building official prior to April 15, 1994, and
which have not expired by limitation shall remain subject to the provisions
of Section 303(d) of the Uniform Building Code (1991 edition) as drafted
by the International Conference of Building Officials. For purposes of such
permits, failure to exercise due diligence and make substantial progress on
the work authorized shall be deemed suspension or abandonment of the
permit."
The Town finds that these amendments are needed in order to reduce the number
of permit extensions allowed and to establish a firm date for completion of work.
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Sec. 13-4.2. Plumbing Code.
The Plumbing Code of the town shall be the Uniform Plumbing Code, 1994 edition,
including appendices, as published by the International Association of Plumbing and Mechanical
Officials, which said documents are hereby referred to, adopted, and made a part hereof as if fully
set forth herein, subject, however, to the following exceptions:
A. Table 1-1 (Schedule of Fees) is deleted.
B. Section 701.1.2 shall be amended to read as follows:
"ABS and DWV piping installations shall be limited to residential construction not
more than two stories in height."
The Town's reasons for this amendment are that the State Plumbing Code does not
allow plastics in other uses, environmental review on this topic has not been
performed, and because of the types and frequency of required fire assemblies in
other types of buildings, the use of plastics may be a fire hazard.
c. Section 707 shall be amended to read as follows:
"Floor drain or similar traps directly connected to the drainage system and subject
to infrequent use shall be provided with an approved automatic trap priming
system, except when deemed unnecessary for safety or sanitation by the Building
Official. "
The Town's reason for this amendment is that it clarifies existing language and
assures automatic trap seal protection.
D. Section 411.0 shall be amended to read as follows:
"Each building shall be provided with sanitary facilities as prescribed by
Appendix C of this code. "
The Town's reason for this amendment is that it assures adequate and equal
facilities for men and women in public buildings and work places and is consistent
with the adoption of Appendix C.
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Sec. 13-4.3. Electrical Code.
The Electrical Code of the town shall be the National Electrical Code, 1993 edition, as
published by the National Fire Prevention Association, which Code is hereby referred to, adopted
and made a part hereof as if fully set forth herein.
Sec. 13-4.4. Fire Prevention Code.
The Fire Prevention Code of the town shall be the Uniform Fire Code, 1994 edition, as
published by the International Conference of Building Officials and the Western Fire Chiefs
Association, as modified by the most recently adopted Tiburon Fire Protection District and Alto-
Richardson Fire District ordinances, which Code and ordinances are hereby referred to, adopted,
and made a part hereof as if fully set forth herein. Copies of said ordinances are available for
review in the office of the Town Clerk.
Sec. 13-4.5. Housing Code.
The Housing Code of the town shall be the Uniform Housing Code, 1994 edition, as
published by the International Conference of Building Officials, which Code is hereby referred to,
adopted and made a part hereof as if fully set forth herein.
Sec. 13-4.6. Mechanical Code.
The Mechanical Code of the town shall be the Uniform Mechanical Code, 1994 edition, as
published by the International Conference of Building Officials, which Code is hereby referred to,
adopted and made a part hereof as iffully set forth herein, except that Table No. 1-1 (Mechanical
Permit Fees) is deleted.
Sec. 13-4.7. Dangerous Building Code.
The Dangerous Building Code of the town shall be the Uniform Housing Code, 1994
edition, as published by the International Conference of Building Officials, which Code is hereby
referred to, adopted and made a part hereof as if fully set forth herein.
Sec. 13-4.8. Swimming Pool Code.
The Swimming Pool Code of the town shall be the Uniform Swimming Pool, Spa, and Hot
Tub Code, 1994 edition, as published by the International Association of Plumbing and
Mechanical Officials, which Code is hereby referred to, adopted and made a part hereof as if fully
set forth herein, except that:
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A. Section 1.11 is deleted.
B. The first paragraph of Section 1.7 is deleted.
Sec. 13-4.9. Solar Energy Code.
The Solar Energy Code of the town shall be the Uniform Solar Energy Code, 1994
edition, and the appendices thereof, as published by the International Association of Plumbing and
Mechanical Officials, which Code and appendices are hereby referred to, adopted and made a part
hereof as iffully set forth herein, except that the first paragraph of Section 20.3 is deleted.
Article III. Development Standards.
Sec. 13-5. Construction in Flood Hazard Zones.
Refer to Chapter 13A of the Tiburon Town Code for regulations concerning construction
in flood hazard zones.
Sec. 13-6. Hours of Construction.
A. Generally, all work covered by a permit issued under this Chapter shall be performed only
between the hours of7:00 a.m. to 5:00 p.m., Monday through Friday, and 9:30 a.m. to
4:00 p.m. on Saturday. Work shall not be performed on Sunday or on holidays
recognized by the Town of Tiburon. These holidays are New Year's Day, President's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas
Day.
B. The arrival or departure of heavy equipment (such as graders and backhoes) and the
delivery of heavy construction material (such as lumber and concrete) to a work site shall
occur only between the hours stated in Section 13-6A. Hours of operation, maintenance,
and servicing of heavy equipment shall be limited to 8:00 a.m. to 5:00 p.m., Monday
through Friday. If already located on-site, heavy equipment may begin "warming up" at
7:30 a.m.
C. Exceptions. The following exceptions shall apply:
1. The limitations in Section 13-6A shall not apply when work covered by a permit
issued under this Chapter does not result in unreasonable noise or other impacts on
surrounding properties. Unreasonable noise produced outside of the days and
hours stated in Section 13-6A may be considered a disturbance of the peace
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subject to police enforcement.
2. The limitations in Sections 13-6A and 13-6B shall not apply in the following
instances:
a. When prior to the commencement of any work covered by a permit issued
under this Chapter, the Town Manager grants written permission to
perform work outside of the prescribed hours.
b. When work is necessary in an emergency situation to remedy or prevent
damage to persons or property.
Sec. 13-7. Site Development Requirements.
In order to assure that structures will be accessible, and that grading and draining will not
imperil any structures, adjoining properties or public roads, site development shall conform to the
following requirements:
A. Slope stabilization. Whenever, in the judgment of the Building Official,
construction operations will result in slopes so steep that their stability may be in
question, he may require retaining walls or other slope stabilization measures.
These shall be made adequate to the satisfaction of the Building Official. Design
by a registered professional engineer may be required.
B. Drainage. The collection, diversion, interception and disposition of surface and
subsurface waters shall be provided for in a manner which, in the judgment of the
Building Official, will prevent any hazard to structures, slopes, and adjoining
properties.
c. Driveways. No portion of a driveway shall have a slope, measured along the
center line, steeper than twenty-five (25) percent, measured in ratio of rise to run,
except with special approval by the Building Official. The vertical alignment of a
driveway shall be such as to provide adequate stopping sight distance for vehicles
using the driveway, and for on-coming vehicles at intersections. Driveways shall
be paved with six inches of concrete, or two inches of asphaltic concrete over six
inches of rock base, or of other equivalent and permanent material approved by the
Building Official.
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Sec. 13-8. Improvements Required.
A. No structure shall be erected or enlarged, and no building permit shall be issued for any lot
fronting on an unimproved street unless the one-half of such street adjacent to the lot
frontage and curb and gutter are improved to the standards determined by the Town
Engineer. Any applicant for a building permit affected by this section shall be notified by
the Town of all requirements prior to issuance of a building permit.
B. Any improvements required by this section shall be completed to the satisfaction of the
Town Engineer prior to the final inspection for the building permit.
Article IV. Enforcement and Penalties.
Sec. 13-9. Enforcement by Stop Work Orders.
Whenever any work regulated by this chapter is being done contrary to the provisions of
this chapter or contrary to any other part of this Code or rules and regulations of other public
agencies that are applicable to the work being done, the building official or his designee may order
the work stopped by notice in writing served on any persons engaged in doing or causing such
work to be done, and such persons shall forthwith stop such work until authorized by the Building
Official or his designee to proceed with the work. An order to stop work due to a violation of
ordinances or rules and regulations of other public agencies shall be issued only upon written
request from the official of such agency charged with the enforcement of such ordinances or rules
and regulations.
Sec. 13-10. Violations and Penalties.
A. Any person, firm, or corporation violating any of the provisions of this chapter shall be
deemed guilty of an infraction, provided that upon violation of any provision of this
chapter more than three times during any 12-month period, such person, firm, or
corporation shall be deemed guilty of a misdemeanor.
B. Each person, firm, or corporation shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of any of the provisions of this
chapter is committed, continued, or permitted.
C. Upon conviction of any violation of this Chapter, each person, firm, or corporation shall
be subject to a fine and/or imprisonment in the county jail not to exceed the limits
established in Government Code Sections 36900 and 36901.
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, D. Any building or structure erected or maintained and any work commenced or continued in
violation of this chapter shall be, and is hereby declared unlawful and a public nuisance,
and the town attorney on the direction of the town council shall institute necessary legal
proceedings for the abatement, removal, or enjoinment thereof in the manner provided by
law and shall take such other steps as may be necessary to accomplish these ends.
Section 3. Severabilitv.
Should any part or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this
Ordinance as a whole, or any part thereof except that part or provision so declared invalid or
unconstitutional.
Section 4. Effective Date.
This Ordinance is to take effect and be in force at the expiration of thirty (30) days from
and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or
its legally required equivalent, shall be published with the names of the members voting for and
against the same at least once in a newspaper of general circulation published in the Town of
, Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on February 21,1996, by the following vote:
AYES: COUNCILMEMBERS: Hennessy, Ginalski, Thayer, Thompson,
Wolf
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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MiCKY WO F, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
l TOWIl ofTiburoll Ordillallce No. 418 N. S. Elfeclive 3/22/96
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