HomeMy WebLinkAboutTC Ord 2011-01-19ORDINANCE NO. 523 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF TITLE IV,
CHAPTER 13 OF THE TIBURON MUNICIPAL CODE
(BUILDING REGULATIONS)
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. The Town Council held a public hearing on January 5, 2011, and has heard and
considered any and all 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 amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare.
D. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan.
E. 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.
Tiburon Municipal Code Title IV, Chapter 13 (Building Regulations) is hereby
amended as follows:
A. Article I (In General) of Chapter 13 of the Tiburon Municipal Code is
amended in its entirety to read as follows:
13-1 Building Inspection Division and Building Official position established.
(a) There is established a building inspection division of the town pursuant to
section 103 of the California Building Code as adopted in Article II of this
chapter.
(b) The position of building official is hereby established and the Building
Official shall act as the administrative head of the building division of the
town.
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 1
13-2 Permits required.
(a) Building permits. No person shall erect, construct, enlarge, alter, move,
improve, demolish, or perform non-maintenance-related repairs to 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
Technical Codes adopted in Article II of this chapter, from the Building Inspection
Division.
(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 Technical Codes adopted in Article II of this
chapter, from the building inspection division.
(c) Heating and comfort cooling permits. No person shall install, alter, construct
or perform non-maintenance related repairs to any heating, ventilating,
comfort cooling or refrigeration equipment without first obtaining a permit
for such work, as required by the Technical Codes adopted in Article II of
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 Technical Codes adopted in Article II of this chapter, from
the building inspection division.
(e) Excavation and grading permits. Except as exempted in Appendix J, Section
103.2 of the California Building Code adopted in Article II of this chapter,
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 perform non-
maintenance related repairs to any swimming pool, hot tub or spa without
first obtaining a permit for such work, as required by the Technical Codes
adopted in Article II of this chapter, from the building inspection division.
(g) The building official may impose supplemental permit conditions that are in
his reasonable discretion necessary to promote the public health, safety or
welfare.
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 the
current Building Division Fee Schedule adopted by resolution of the town
council. If any work that requires a permit is commenced without a
permit having first been obtained, the fee for the required permit shall
be as set forth in the current Building Division Fee Schedule adopted
by resolution of the town council and the penalty shall be as set forth in
the current Schedule of Fines adopted by resolution of the town council.
(b) Where it is found that work is being done under this chapter without a permit
and that such work would, under the terms of this chapter, require a permit,
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 2
there shall be charged an investigation fee in the amount established in the
current Building Division Fee Schedule adopted by resolution of the
town council. The investigation fee shall be in addition to all other fees
and fines/penalties set forth in subsection (a).The fees and penalties
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 in the current Building Division Fee Schedule adopted by
resolution of the Town Council, will be charged for each additional
reinspection, and shall be paid before final approval of the work.
(d) No permit for new work on a property shall be issued until all outstanding
fines, fees, and/or penalties have been paid and all inspections completed on
work performed under previously-issued permits that have not been finaled
and have expired by limitation.
B. Article II (Technical Codes) of Chapter 13 of the Tiburon Municipal Code is
amended in its entirety to read as follows:
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 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 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.
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 2010 California
Building Code, (based on the International Building Code, 2009 Edition),
Volume 1 and Volume 2, including the following appendices: Appendix
Chapter 1, and Appendices F, H, I and 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 2010 California Building Code.
The California Building Code is amended to read as follows:
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 3
(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 by adding a sentence to the end that reads as
follows:
Nothing contained in this section shall prevent the town council from
appointing the town council as the local appeals board or housing appeals
board.
(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 subsections 2, 4, 5, 6, and 12, and to
revise subsections 1 and 7 as follows:
1. Detached accessory structures used as playhouses or play structures
providing the floor area does not exceed 120 square feet, the structure does
not exceed twelve feet in height as defined by Article X, Section 16-100 of
the Tiburon Municipal Code, and the structure contains no plumbing,
electrical or heating appliances.
7. Painting, papering, tiling, carpeting, counter tops and similar finish work,
except that repaving and/or restriping of parking lots shall require a permit.
(3) Section 105.5 is amended to read as follows:
1. All permits issued by the Building Official shall expire by
limitation and become null and void eighteen months from the date
the permit is issued, except as follows:
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 4
a. Where the project is unusually large or complex, a twenty-
four month permit may be issued in the reasonable discretion
of the Building Official at the time of initial 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 months
may be granted, without payment of additional fees 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.
Decisions of the Building Official made pursuant to this
paragraph may be appealed to the local appeals board.
2. Once the initial permit and/or approved six month extension has
expired, a Stop Work Order shall be issued and work shall not
recommence until the permit is reactivated. Reactivation shall be
allowed only if there have been no changes in the original plans and
specifications and a Reactivation Charge equal to the full original fee
is paid. A Reactivation Charge, for purposes of this section, is both a
fee to recover the cost of providing additional building inspection
division services and a penalty for failure to complete the project
within the allotted time. A permit reactivated under this subsection
shall be valid for six months from the date of initial expiration.
3. If the project is not completed within the six 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. Reactivation of the permit for a second six
month period shall be allowed only if there have been no changes in
the original plans and specifications and a Reactivation Charge equal
to three times the full original fee is 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 under this subsection shall be valid for an
additional six months from the date of initial expiration.
4. If the project is not completed within the six month extension
allowed under subsection (3) above, a Stop Work Order shall be
issued and the matter referred to the local appeals board for
resolution. The local appeals board may reactivate the permit upon
submission and acceptance of a completion schedule for the project
and payment of five times the full original fee as a Reactivation
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 5
Charge, and provided that there have been no changes in the original
plans and specifications. The local appeals board may, in its sole
discretion, reduce the penalty 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 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
local appeals board for resolution. The local appeals board 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 local appeals board may reactivate the permit
upon imposition of any such conditions deemed reasonable, and
payment of five times the full original fee as a Reactivation Charge,
provided that there have been no changes in the original plans and
specifications.
(5) 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
Tiburon Town Council and amended from time to time.
(6) 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
Tiburon Town Council and amended from time to time.
(7) Section 113.3 is amended by adding thereto the following sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the board of appeals.
(d) Section 501.2 is amended to read as follows:
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 6
501.2 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 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.
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
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 7
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.
(e) 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 either the Tiburon Fire Protection
District or Southern Marin Fire Protection District are more restrictive, the
latter shall control.
(f) Section 1013.1 is amended by adding the following sentence:
Guards are also required at waterfront bulkheads, fixed piers and gangways.
(g) 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 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 fifty
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 either the Tiburon Fire
Protection District or Southern Marin Fire Protection District are
more restrictive, the latter shall control.
(h) Appendix J "GRADING" is amended as follows:
J 103.3 Grading Permit Fees. Fees shall be as set forth in the Building
Division Fee Schedule established by resolution of the Tiburon Town
Council as amended from time to time.
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 8
J 110.3 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 2010 California Residential Code
(based on the International Residential Code, 2009 edition), including Appendices
G, H. and J published by the International Code Council, and as amended by the
California Building Standards Commission in the California Code of Regulations,
Title 24, 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 2010 California Residential Code.
The 2010 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 by adding a sentence to the end that reads as
follows:
"Nothing contained in this section shall prevent the town council from
appointing the town council as the local appeals board or housing appeals
board."
(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
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 9
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 revise subsections 1 and 6 to read as follows:
1. Detached accessory structures used as playhouses or play
structures providing the floor area does not exceed 120 square
feet, the structure does not exceed twelve feet in height as defined
by Article X, Section 16-100 of the Tiburon Municipal Code,
and the structure contains no plumbing, electrical or heating
appliances.
6. Painting, papering, tiling, carpeting, counter tops and similar
finish work, except that repaving and/or restriping of parking lots
shall require a permit.
(3) Section 105.5 is amended to read as follows:
Section 105.5 Expiration.
All permits issued by the Building Official shall expire by limitation
and become null and void eighteen months from the date the permit
is issued, except as follows:
a. Where the project is unusually large or complex, a twenty-
four month permit may be issued in the reasonable discretion
of the Building Official at the time of initial 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 months
may be granted, without payment of additional fees 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.
Decisions of the Building Official made pursuant to this
paragraph may be appealed to the local appeals board.
2. Once the initial permit and/or approved six month extension has
expired, a Stop Work Order shall be issued and work shall not
recommence until the permit is reactivated. Reactivation shall be
allowed only if there have been no changes in the original plans and
specifications and a Reactivation Charge equal to the full original fee
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 10
is paid. A Reactivation Charge, for purposes of this section, is both a
fee to recover the cost of providing additional building inspection
division services and a penalty for failure to complete the project
within the allotted time. A permit reactivated under this subsection
shall be valid for six months from the date of initial expiration.
3. If the project is not completed within the six 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. Reactivation of the permit for a second six
month period shall be allowed only if there have been no changes in
the original plans and specifications and a Reactivation Charge equal
to three times the full original fee is 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 under this subsection shall be valid for an
additional six months from the date of initial expiration.
4. If the project is not completed within the six month extension
allowed under subsection (3) above, a Stop Work Order shall be
issued and the matter referred to the local appeals board for
resolution. The local appeals board may reactivate the permit upon
submission and acceptance of a completion schedule for the project
and payment of five times the full original fee as a Reactivation
Charge, and provided that there have been no changes in the original
plans and specifications. The local appeals board may, in its sole
discretion, reduce the penalty 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 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
local appeals board for resolution. The local appeals board 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 local appeals board may reactivate the permit
upon imposition of any such conditions deemed reasonable, and
payment of five times the full original fee as a Reactivation Charge,
provided that there have been no changes in the original plans and
specifications
(d) Section R319.1 is amended to read as follows:
R319.1 Address Numbers.
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 11
(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.
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.
(e) Section 1013.1 is amended by adding the following sentence:
"Guards are also required at waterfront bulkheads, fixed piers and
gangways."
(f) Sections R313.3, first sentence, is amended to read as follows:
R313.3 Where required.
Approved automatic sprinkler systems in new buildings and structures shall
be provided in the locations described in this section, provided that where
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 12
applicable code provisions adopted by either the Tiburon Fire Protection
District or Southern Marin Fire Protection District are more restrictive, the
latter shall control.
(g) Section R905 is amended to read as follows:
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 fifty
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 either the Tiburon Fire
Protection District or Southern Marin Fire Protection District are
more restrictive, the latter 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 2010 California Plumbing Code,
(based on the Uniform Plumbing Code, 2009 Edition), including Appendices A, B,
D, I, and L 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 2010 California Plumbing Code.
The 2010 California Plumbing Code is amended as follows:
(a) Section 1.8.5.1 is amended to modify the first sentence 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.
(The remainder of this section is unchanged)
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 13
(b) Section 1.8.8.1 is amended by adding the following sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the local appeals board or housing appeals
board.
(c) Section 203.0 is amended to read 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.
(d) Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY" is amended to read as
follows:
ENFORCING AGENCY The enforcing agency shall be the
Building Division of the Community Development Department of
the Town of Tiburon.
(e) Chapter 1, Division II is amended as follows:
(1) Section 101.1 is amended to read as follows:
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 103.2.1 is amended to read as follows:
103.2.1 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.)
(3) Section 103.4.1 is amended to read as follows:
103.4.1 Permit 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
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 14
Fee Schedule adopted by resolution of the Tiburon Town
Council and amended from time to time.
(4) Section 103.4.2 is deleted.
(5) Section 103.5.6 is amended to replace the fourth paragraph
with the following:
To obtain reinspection, the applicant shall first pay the
reinspection fee in accordance with the Building Division Fee
Schedule adopted by resolution of the Tiburon Town Council
and amended from time to time.
(6) Table 1-1 is deleted.
(f) Section 701.1.2 is amended to read as follows:
ABS and PVC DWV piping installations shall be limited to
residential construction not more than two stories in height.
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 "2010 California Electrical Code"
(based on the National Electrical Code, 2008 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.
13-4.4.1 Amendments made to the 2010 California Electrical Code.
The California Electrical Code is amended or modified as follows:
(a) Section 89.108.4.2 is amended to read as follows:
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 Tiburon 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
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 15
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:
Nothing contained in this section shall prevent the Town Council from
appointing the Town Council as the local appeals board or housing appeals
board.
(d) Article 100 is amended to read as follows:
The definition of "Authority Having Jurisdiction" is amended to read as
follows:
Authority Having Jurisdiction (AHJ)-The Authority Having Jurisdiction
shall mean the Building Official or his or her duly authorized representative.
(e) Section 210.12 (B) is amended by adding the following sentence:
The provisions of this section shall apply to existing dwelling units when
electrical service panels or sub-panels are replaced or upgraded.
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 2010 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 hereof as if fully set forth herein. Copies of
said 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.
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 16
13-4.6.1 Amendments made to the 1997 Uniform Housing Code.
The 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:
Section 104.1 Additions, Alterations or Repairs. 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:
Section 201.2. Right of Entry. 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. If such entry is refused, the 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.
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 17
(e) Section 203.1 is amended by adding thereto the following sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the housing advisory and appeals
board.
(f) Section 301 is amended to read as follows:
SECTION 301-GENERAL
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:
SECTION 303-INSPECTION
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 as follows:
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.
(j) 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.
(k) 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.
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 18
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.
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 2010 California Mechanical Code
(based on the Uniform Mechanical Code, 2009 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 2010 California Mechanical Code.
The 2010 California Mechanical Code is amended as follows:
(a) Chapter 1, Division II is amended as follows:
(1) Section 101.0 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"
(2) Section 108.3 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."
(3) Section 110.1 is amended by adding thereto the following
sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the Board of Appeals.
(4) Section 115.1 is amended to read as follows:
115.1 General. Fees shall be assessed in accordance with the
provisions of this section and as set forth in the Building Division
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 19
Fee Schedule adopted by resolution of the Tiburon Town Council
and amended from time to time.
(5) Section 115.2 is amended to read as follows:
115.2 Permit 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 Tiburon Town Council and amended from time
to time.
(6) Section 115.3 is deleted.
(7) Section 116.6 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 Tiburon Town Council and amended from time
to time.
(8) Table 1-1 is deleted.
(b) Section 203.0 is amended 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.
(c) Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY" is amended to read as follows:
ENFORCING AGENCY The enforcing agency shall be the Building
Division of the Town of Tiburon.
13-4.8 Dangerous Building Code.
The Dangerous Building Code of the Town shall be the California 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
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 20
herein, save and except such portions as are hereinafter amended or modified by
Section 13-4.8.1 of this chapter.
13-4.8.1 Amendments made to the 1997 California Code for the Abatement of
Dangerous Buildings.
The California Code for the Abatement of Dangerous Buildings is amended as
follows:
(a) Section 103 is amended to read as follows:
SECTION 103-ALTERATIONS, ADDITIONS AND REPAIRS
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. Right of Entry. 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. If such entry is refused, the 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.
(c) Section 203 is deleted.
(d) Section 204 is amended to read as follows:
SECTION 204-INSPECTION OF WORK
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 as provided in this code and in
accordance with the applicable requirements of the Building Code.
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 21
(e) Section 205 is amended by adding thereto the following:
Nothing contained in this section shall prevent the town council from
appointing the town council as the Board of Appeals.
(f) Section 301 is amended as follows:
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.
(g) 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 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, 2010 edition (also known as the 2010
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 2010 CALGreen Code.
The California Green Building Standards Code is amended as follows:
(a) Section 101.3 is amended to read as follows:
101.3 Scope. The provisions of this code shall apply to the planning,
design, operation, construction, use, and occupancy of every newly
constructed building or structure, additions to existing dwelling units that
constitute at least five hundred square feet of conditioned floor area,
additions to nonresidential buildings that equal or exceed three thousand
square feet.
(The remainder of this section is unchanged.)
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 22
13-4.10 Energy Code.
The Energy Code of the Town shall be the California Energy Code, 2010 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,
except that the first paragraph of Section 20.3 is deleted.
13-4.11 Building Standards Code.
The Referenced Standards Code of the Town shall be the California Building
Standards Code, California Code of Regulations, 2010 edition, Title 24, Part 8
(Historical Building Code), Part 10 (Existing Building Code), and 12 (Referenced
Standards Code), as published by the International Code Council, 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.
13-4.12 Administrative Code.
The Administrative Code of the Town shall be the California Administrative Code,
California Code of Regulations, Title 24, Part 1, 2010 edition, as published by the
International Code Council, 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.
C. Article V (Energy Efficiency Standards for Single-Family Dwellings Greater
Than Three Thousand Five Hundred Square Feet) of Chapter 13 of the
Tiburon Municipal Code is amended in its entirety to read as follows:
13-5.1.1 Purpose.
The purpose of this section is to reduce the annual and peak energy
consumption of large single-family homes.
13-5.1.2 Definitions.
As used in this section:
"Adjusted proposed design total" means the proposed building energy use, in
KBtu/sf-yr, calculated by the state approved alternative calculation method
(ACM) less any PV credit.
"Adjusted standard design total" means the performance energy budget, in
KBtu/sf-yr, which this section establishes for all building to which it applies. It
is defined as the standard design total (KBtu/sf-yr) obtained from any state-
approved residential alternative calculation method (ACM) multiplied by the
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 23
Standard Design Adjustment Factor contained in Table A below.
Table A
Standard Design Adjustment Factors
"Conditioned floor area" has the meaning set forth in Section 101(b) of the
2010 California Energy Code.
"PV credit" means the energy credit applicable to the proposed design for a
solar photovoltaic system that is capable of generating electricity from sunlight
and supplying it directly to the building; and is connected, through a reversible
meter, to the utility grid. The amount of PV credit under this chapter is defined
as Wo multiplied by 13.262 KBtu/sf-yr time dependent value energy, where Wo
is a unitless value calculated as the rated watts of the proposed photovoltaic
system divided by the total conditioned floor area of the building.
13-5.1.3 Buildings covered.
The provisions of this section shall apply to all new single-family dwellings
greater than three thousand five hundred (3,500) square feet of total
conditioned floor area, and additions to existing single-family dwellings which
together with any other additions made after the enactment of this chapter in
the aggregate exceed five hundred (500) square feet where the total
conditioned floor area of the building exceeds three thousand five hundred
(3,500) square feet.
13-5.1.4 Exceptions.
The provisions of this section shall not apply to building area used for a
secondary dwelling unit, or to any project that received and maintains a valid
planning approval or a building permit, or which has submitted a complete
planning application or building permit application prior to the effective date of
the ordinance, unless otherwise required as a condition of approval of the
planning application.
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 24
13-5.1.5 Basic requirements.
All buildings covered by this section shall meet both of the following:
A. The adjusted standard design total energy budget, in source KBtu/sf-yr,
using the state-approved performance compliance approach, and
B. All other provisions applicable to low rise residential buildings contained in
the 2010 California Energy Code.
13-5.1.6 Permit forms.
In addition to the standard Title 24 report submitted to the building division, an
ordinance compliance form and worksheet will be required, which shall be
available at the building division.
Section 3. Findings Pursuant to Health & Safe 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:
I. 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, 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 State of California.
II. 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
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 25
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.
III. 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 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.
IV. Adoption by Reference of Tiburon Fire Protection District Findings:
The Town Council further adopts by reference all applicable climatic, geological,
and topographical conditions findings of the Tiburon Fire Protection District and
Southern Marin Fire Protection District in their most recently-enacted ordinances
adopting and modifying the California Fire Code.
B. The above modified building standards are listed below with the corresponding
climatic, geological or topographical condition which necessitates the modification.
Building Code Climatic, geological and
Section Number topographical condition
501.2 Ia. IIa, IIIa, IV
903.2 Ia, IIa, IIIa,IIIb, IV
1013.1 lb, IIa, IV
1505 Ia, IV
101.3 (CALGreen) Ic
Section 4. 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
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 26
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.
Section 5. Effective Date.
A summary of this Ordinance shall by published and a certified copy of the full text
of this Ordinance shall be posted in the office of Town Clerk at least five (5) days prior to
the Council meeting at which it is adopted. This Ordinance shall be in full force and effect
thirty (30) days after the date of adoption, and the summary of this Ordinance shall be
published within fifteen (15) days after its adoption, together with the names of the
Councilmembers voting for or against same, in a newspaper of general circulation in the
Town of Tiburon, County of Marin, State of California.
This ordinance was read and introduced at a regular meeting of the Town Council of
the Town of Tiburon, held on the 5th day of January, 2011, and was adopted at a regular
meeting of the Town Council of the Town of Tiburon, held on the 19th day of January,
2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEV LAVIT AYOR
T(jVN' OF B
ATT~ST-) 1
DIANE CRANE IKCOPI, TOWN CLERK
S:• AdministrationlTown CouncillOi-dinances12011tBuilding Code updates.doc; Ord. 523 N.S.doc
Town of Tiburon Ordinance No. 523 N. S. Effective 2/18/2011 Page 27