HomeMy WebLinkAboutTC Ord 2013-11-20ORDINANCE NO. 547 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 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 6, 2013, 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 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 follows:
Article IL Technical Codes
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.
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 1
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 2013 California Building Code (based on
the International Building Code, 2012 Edition), Volume 1 and Volume 2, including the
following appendices: Appendices F, H, I, J and M 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.
The 2013 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 sentence thereto:
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 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."
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 2
(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;
b. Does not exceed twelve (12) feet in height; and
C. Contains no plumbing, electricity or heating or
cooling appliances.
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:
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, except as follows:
a. In instances where the project is unusually large or
complex, a twenty -four (24) month permit may be issued
in the reasonable discretion of the Building Official at the
time of initial issuance; or
b. In instances 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.
2. Once the initial permit and /or approved six (6) month
extension has expired, a Stop Work Order shall be issued and
work shall not recommence until the permit is reactivated and
extended. Reactivation and extension shall be allowed only if
there have been no substantive changes to the approved plans
and specifications and a Reactivation /Extension Charge equal
to the original project construction permit fees is paid. A
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 3
Reactivation /Extension Charge, for purposes of this section, is
primarily a penalty for failure to complete the project within the
allotted time, and secondarily a fee to recover the cost of
providing additional building inspection division services, and is
defined as the subtotal of the building, electrical, plumbing,
mechanical, grading, and business license fee portions of the
original permit. A permit reactivated and extended under this
subsection shall be valid for an additional six (6) months beyond
the date of its expiration prior to the reactivation /extension
granted pursuant to this paragraph.
3. If the project is not completed within the six (6) month
extension allowed under subsection 2 above, a Stop Work
Order shall be issued on the date of expiration and work shall
not recommence until the permit is reactivated and extended.
Reactivation and extension of the permit for another six (6)
month period shall be allowed only if there have been no
substantive changes in the approved plans and specifications
and a Reactivation /Extension Charge equal to three (3) times
the original project construction permit fees, as defined in
subsection 2 above, 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 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 shall be issued and the matter referred to the town
council for resolution. The town council may reactivate and
extend the permit for an additional six (6) months upon
submission and acceptance of a completion schedule for the
project and payment of five (5) times the original project
construction permit fees (as defined in subsection 2 above) as a
Reactivation /Extension Charge, and provided that there have
been no substantive changes in the approved plans and
specifications. The town council may, in its sole discretion,
reduce the reactivation /extension charge based on such
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 4
reasons as the project's nearness to completion and /or the
cause of the delay.
5. If the project is not completed within the six (6) month
extension allowed under subsection 4 above, or pursuant to this
subsection 5, a Stop Work Order shall be issued and the matter
referred to the town council for resolution. The town council may
impose additional requirements, such as the retention of a
qualified contractor for owner /builder projects or retention of a
qualified construction manager for a contracted project, in order
to promote swift completion. The town council may reactivate
and extend the permit upon imposition of any such conditions
deemed reasonable, and payment of five (5) times the original
project construction permit fees (as defined is subsection 2
above) as a Reactivation /Extension Charge, provided that there
have been no substantive changes in the approved plans and
specifications.
(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.
(6) Section 113.1 is amended by adding the following sentence thereto:
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
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 5
shall hear appeals of administrative provisions as generally
described in the administrative chapter of this code.
(d) Section 501.2 is amended to read as follows:
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
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
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 6
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.
(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 the Tiburon Fire Protection District or
Southern Marin Fire Protection District are more restrictive, the more restrictive
provisions 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
(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.
(h) Appendix J "GRADING" is amended as follows:
J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division
Fee Schedule established by resolution of the town council as amended from
time to time.
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 7
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.
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 2013 California Residential Code (based
on the International Residential Code, 2012 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 2013 California Residential Code.
The 2013 California Residential Code is amended as follows:
(a) Section 1.8.4.1 is amended to read as follows:
1.8.4.1 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 1.8.7.1 is amended by adding the following sentence thereto:
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 II is modified as follows:
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 8
(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;
b. Does not exceed twelve (12) feet in height; and
C. Contains no plumbing, electricity or heating or
cooling appliances.
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, except as follows:
a. In instances where the project is unusually large or
complex, a twenty -four (24) month permit may be issued
in the reasonable discretion of the Building Official at the
time of initial issuance; or
b. In instances 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.
2. Once the initial permit and /or approved six (6) month
extension has expired, a Stop Work Order shall be issued and
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 9
work shall not recommence until the permit is reactivated and
extended. Reactivation and extension shall be allowed only if
there have been no substantive changes to the approved plans
and specifications and a Reactivation /Extension Charge equal
to the original project construction permit fees is paid. A
Reactivation /Extension Charge, for purposes of this section, is
primarily a penalty for failure to complete the project within the
allotted time, and secondarily a fee to recover the cost of
providing additional building inspection division services, and is
defined as the subtotal of the building, electrical, plumbing,
mechanical, grading, and business license fee portions of the
original permit. A permit reactivated and extended under this
subsection shall be valid for an additional six (6) months beyond
the date of its expiration prior to the reactivation /extension
granted pursuant to this paragraph.
3. If the project is not completed within the six (6) month
extension allowed under subsection 2 above, a Stop Work
Order shall be issued on the date of expiration and work shall
not recommence until the permit is reactivated and extended.
Reactivation and extension of the permit for another six (6)
month period shall be allowed only if there have been no
substantive changes in the approved plans and specifications
and a Reactivation /Extension Charge equal to three (3) times
the original project construction permit fees, as defined in
subsection 2 above, 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 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 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
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 10
Reactivation /Extension Charge, and provided that there have
been no substantive changes in the approved plans and
specifications. The town council may, in its sole discretion,
reduce the reactivation /extension charge based on such
reasons as the project's nearness to completion and /or the
cause of the delay.
5. If the project is not completed within the six (6) month
extension allowed under subsection 4 above, or pursuant to this
subsection 5, a Stop Work Order shall be issued and the matter
referred to the town council for resolution. The town council may
impose additional requirements, such as the retention of a
qualified contractor for owner /builder projects or retention of a
qualified construction manager for a contracted project, in order
to promote swift completion. The town council may reactivate
and extend the permit upon imposition of any such conditions
deemed reasonable, and payment of five (5) times the original
project construction permit fees (as defined is subsection 2
above) as a Reactivation /Extension Charge, provided that there
have been no substantive changes in the approved plans and
specifications.
(d) Section R319.1 is amended to read as follows:
R319.1 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 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
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 11
residence shall have a unit identifying number, letter, or combination
thereof displayed upon the door.
d. Maps of the multiple family complex will be furnished to the police
department and applicable fire district upon completion of construction.
The maps shall include building identification and unit identification.
e. Buildings shall be numbered in such a manner and sequence as to
meet with the approval of the enforcing authority.
f. This section shall not prevent supplementary numbering such as
reflective numbers on street curbs or decorative numbering, but this
shall be 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) Section 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
i 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 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 the Tiburon Fire
Protection District or Southern Marin Fire Protection District are more
restrictive, the more restrictive provisions shall control.
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 12
ucmmymm� s s; -
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 2013 California Plumbing Code (based
on the Uniform Plumbing Code, 2012 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 cede to the 2013 California Plumbing Cade.
The 2013 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)
(b) Section 1.8.8.1 is amended by adding the following sentence thereto:
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) 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.
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 13
(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 11 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 Fee
Schedule adopted by resolution of the 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 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.
(6) Table 1 -1 is deleted.
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 2013 California Electrical Code (based
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 14
on the National Electrical Code, 2011 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.
134.4.1 Amendments rude to the 2013 California Electrical Code.
The 2013 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
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 Caiifornia, 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:
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 read as follows:
The definition of "Authority Having Jurisdiction" is amended to read as
follows:
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 15
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 2013 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 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 -4.5.1 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:
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 16
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. 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.
(e) Section 203.1 is amended by adding the following sentence 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:
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 17
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 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.
(1) 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
Town of Tiburon Ordinance No. 547 N. S. Effective 12 /20/2013 Page 18
general public, that certain code known as the 2013 California Mechanical Code (based
on the Uniform Mechanical Code, 2012 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 rude to the 2013 California Mechanical Code.
The 2013 California Mechanical Code is amended as follows:
(a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding the
following sentence 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 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:
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.
(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. 547 N. S. Effective 12/20/2013 Pale 19
Fee Schedule adopted by resolution of the 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 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 town council and
amended from time to time.
(8) Table 1 -1 is deleted.
(c) 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.
(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 Town of Tiburon.
13 -4.3 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 herein, save
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 20
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
The 1997 California 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 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:
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. 547 N. S. Effective 12/20/2013 Page 21
(e) Section 205.1 is amended by adding the following sentence 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.
(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 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, 2013 edition (also
known as the 2013 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 2913 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:
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 22
1. Division A4.1 (Planning & Design);
2. Division A4.3 (Water Efficiency & Conservation);
3. Division A4.4 (Material Conservation and Resource Efficiency);
4. Division A4.5 (Environmental Quality); and
5. 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);
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, 2013
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 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, 2013 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.
The Administrative Code of the Town shall be the California Administrative
Code, California Code of Regulations, Title 24, Part 1, 2013 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.
To,Am of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 23
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:
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
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.
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 24
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 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.
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, Ila, IIIa, IV
903.2 Ia, IIa, IIIa,IIIb, IV
1013.1 Ib, IIa, IV
1505 Ia, IV
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
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.
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 25
This ordinance was read and introduced at a regular meeting of the Town Council of
the Town of Tiburon, held on the 6th day of November, 2013, and was adopted at a regular
meeting of the Town Council of the Town of Tiburon, held on the 20th day of November,
2013, by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Doyle
r, t W�,
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town of Tiburon Ordinance No. 547 N. S. Effective 12/20/2013 Page 26