Belvedere Municipal Code Ch. 16.04 Construction Codes

Sections:

• 16.04.010 Construction codes—Adoption by reference.

• 16.04.020 Changes to California Building Code and California Residential Code—Findings. 16.04.030 California Building Code and California Residential Code—Amendments.

• 16.04.040 Violation—Penalty—Nuisance.

• 16.04.050 Prior acts.

• A. The following parts of Title 24, California Building Standards Code, 2025 Edition, of the California Code of Regulations are adopted by reference as construction codes for the City, including the amendments listed in this chapter, which are made pursuant to the findings of fact set forth in Section 16.04.020:

  1. Part 1, California Administrative Code;

  2. Part 2, California Building Code, Chapters 1 through 28, 31 through 33, and its Appendices I and J;

  3. Part 2.5, California Residential Code and its Appendix H;

4. Part 3, California Electrical Code;

5. Part 4, California Mechanical Code;

6. Part 5, California Plumbing Code and its Appendices A, D, G, and I;

7. Part 6, California Energy Code;

8. Part 8, California Historical Building Code;

9. Part 10, California Existing Building Code;

10. Part 11, California Green Building Code; and

11. Part 12, California Referenced Standard Code.

B. Part 5.3, “Private Residence Elevators,” and Part 5.4, “Private Residence Inclined Elevators,” of the Safety Code for Elevators and Escalators (ASME A17.1), 2007 Edition, published by the American Society of Mechanical Engineers, is adopted by reference as a construction code for the City.

C. A copy of each of these documents is maintained in the office of the Building Official, and reference is made to them with like effect as if all the provisions and printed matter therein were herein set forth in full. (Ord. 2025-09 § 3, 2025.)

A. Pursuant to Sections 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code, the City Council of the City of Belvedere hereby determines and finds that all the changes or modifications in this chapter to Part 2, “California Building Code,” and Chapter 2.5, “California Residential Code,” of Title 24, 2025 Edition of the California Code of Regulations are reasonably necessary because of the local climatic, geological and/or topographical conditions within the City of Belvedere as discussed in this section.

B. The City is densely populated with most structures being of wood frame construction and most having combustible exterior materials.

C. Many buildings were erected prior to the enforcement of zoning and building laws, with the result that many are located extremely close to each other with no provisions for fire protection.

D. The hilly topography of much of the City, often combined with narrow roads, reduces the fire department’s ability to respond to emergency situations.

E. Much of the City contains heavy vegetation, including groves of eucalyptus and pine trees with interconnecting canopies.

F. The City is located in an area of high seismic activities as indicated by the U.S. Geological Survey and California Geological Survey.

G. The general marine environment within the City is conducive to organisms which produce dry rot conditions in wood structures.

H. The hillside topography in much of the City results in the susceptibility to earth sliding due to uncontrolled storm water drainage. (Ord. 2025-09 § 3, 2025.)

The following changes and modifications are made to the 2025 Edition of the California Code of Regulations, Parts 2 and/or 2.5, as indicated:

• A. Subsection 105.2 is amended to read as follows:

105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the City of Belvedere. Permits shall be required, except for the following work:

Building:

1. Conventionally constructed one-story detached structures accessory to a dwelling, used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and the structure complies with Zoning regulations. A building permit is required for any associated electrical, plumbing or mechanical work.

2. Fences 7 feet high or lower.

3. Private residential sidewalks and driveways not more than 30 inches above adjacent grade and supported directly on existing grade, that are not part of a required accessible route.

4. Painting, papering, tiling carpeting, cabinets, counter tops and similar work, except for the purposes of project valuation when a component of a larger project which requires a permit.

5. Swings and other playground equipment.

6. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support.

7. Decks not exceeding 100 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.

• B. Subsection 105.5 is amended to read as follows:

105.5 Permit Extension and Expiration.

1. All permits issued by the Building Official subject to the Construction Time Limit Ordinance set forth in Belvedere Municipal Code Section 20.04.035 shall expire by limitation and become null and void 6-months, 12-months, 18-months, or 24-months from the date the permit is issued, as specified in the Planning Commission’s Resolution Granting Design Review Approval.

2. Prior to the expiration of a building permit or an extended building permit granted under subsections 3 through 5, the Building Official may grant one completion extension of up to thirty (30) days, without payment of additional charges or penalties. If the permittee receives a completion extension from the Building Official, the permittee shall not be subject to a Stop Work Order and may continue work on the project. The intent of the thirty (30) day completion extension is to allow projects in good standing the opportunity to complete construction without applying for a longer permit extension. In determining whether the permittee is in good standing, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts.

3. If the project is not completed by the expiration date of the initial permit or by the expiration of a completion extension, the Building Official shall issue a Stop Work Order, and work shall not recommence until the permittee reactivates and extends the permit. The Building Official may grant a reactivation and extension of the permit, once the permittee has paid a reactivation/extension charge equal to the original project construction permit fee. A reactivation/extension charge, for purposes of this subsection, 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 management and inspection services. A permit reactivated and extended under this subsection 3 shall be valid for an additional period equal to one-third of the length of the original Construction Time Limit.

4. If the project is not completed within the extension allowed under subsection 3 above or by the expiration of a completion extension, the Building Official shall issue a Stop Work Order, and work shall not recommence until the permittee reactivates and extends the permit. The Building Official may grant a reactivation and extension of the permit, once the permittee has paid a reactivation/extension charge equal to three (3) times the original project construction permit fee. A permit reactivated and extended under this subsection 4 shall be valid for an additional period equal to one-third the length of the original Construction Time Limit.

5. If the project is not completed within the extension allowed under subsection 4 above or within a completion extension, the Building Official shall issue a Stop Work Order, and refer the matter to the City Council for resolution. The City Council shall 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 City Council may reactivate and extend the permit upon imposition of any such conditions, and the permittee has paid a reactivation/extension charge up to five (5) times the original project construction permit fee.

• C. Subsection 105.7.1 is hereby added to Parts 2 and 2.5 to read as follows:

105.7.1 Hours when work is permitted. Work covered by any permit issued under this Code shall be performed only between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Work may not be performed any time on weekends or on holidays recognized by the City: New Year’s Day (January 1), Martin Luther King, Jr. Day (third Monday in January), Presidents’ Day (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veterans Day (November 11), Thanksgiving Day and the day following (fourth Thursday and Friday in November), and Christmas Day (December 25). Delivery of construction material such as lumber and cement may be made to the work site only between these hours. Only work on the interior of a building or structure, the performance of which creates no noise which is audible from the exterior of the building, may be performed outside these prescribed hours. The City Manager may, upon his or her discretion, grant written exceptions to this condition whenever such work can be demonstrated to the City Manager’s satisfaction to be necessary to protect the public’s health and safety; the City Manager’s written permission must be obtained prior to any work being undertaken outside these prescribed hours.

• D. The exceptions in Subsections R313.1 and R313.2 of Part 2.5 are hereby amended to read as follows:

Exception: Deleted, refer to Section 903.2 of Part 2 as amended in Belvedere Municipal Code Section 16.04.030(F).

E. Subsections 406.3.3 and 406.3.5 of Part 2 and subsections R309.1 and R309.2 of Part 2.5 are hereby amended to add the following:

Where existing carport or garage structures are remodeled or repaired to the extent that fifty percent (50%) or more of the structure is involved, using criteria established by the Building Official, the floor surface must comply with this Section and the structure shall be redesigned to support all vertical and horizontal loads of current code.

• F. Subsection 903.2 of Part 2 is hereby amended to read as follows:

903.2 Where required. All occupancies and facilities. An automatic fire sprinkler system shall be installed in all of the following:

1. Every newly constructed building and facility.

Exceptions:

a. Free standing Group U occupancies not more than 1,000 square feet and provided with exterior wall and opening protection as per Table 602 of the Building Code.

b. Agricultural buildings as defined in Appendix C of the Building Code and not exceeding 2,000 square feet, having clear unobstructed side yard of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height, and located within an Agricultural zoned district as defined in the Marin County Planning Code.

2. In newly created second units.

Exception: Accessory dwelling units, that do not to exceed 1,200 square feet, shall not be required to provide to install an automatic fire sprinkler system (AFS), if it is not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for an AFS to be installed in the existing primary dwelling.

3. In all buildings which have more than fifty percent (50%) floor area added or any “substantial remodel,” as defined in Municipal Code Chapter 16.12, within any 36-month period. Exceptions may be granted by the Fire Code Official when alternate means of protection are installed as approved by the Fire Code Official.

4. In all buildings except R-3 occupancies, in excess of 3,000 sq. ft. which have more than 10 percent floor area added within any 36-month period. Exceptions may be granted by the Chief when alternate means of protection are installed as approved by the Chief.

5. A change in the use of a structure that results in a higher fire or life safety exposure when the square footage of the area changing use is more than 50% of the square footage of the building.

• G. Subsection 903.3 of Part 2 is hereby amended by adding the following thereto:

The requirements for fire sprinklers in this code section are not meant to disallow the provisions for area increase, height increase or Fire Resistive substation if otherwise allowed by Section 504 and 506 of the

Building Code. All automatic fire sprinkler systems shall be installed in accordance with the written standards of the Fire Code Official and the following:

a. In all residential buildings where fire sprinklers are required any attached garages shall also require fire sprinklers, and except for single family dwellings, in all residential occupancies the attics shall require fire sprinklers.

b. In all existing buildings, where fire sprinklers are required by provisions of this Code, they shall be extended into all unprotected areas of the building.

c. All single-family dwellings in excess of 5,000 square feet shall have automatic fire sprinkler systems designed in accordance with NFPA Standard 13 or 13R.

• H. Subsection 1503.4.4 of Part 2 and Subsection 903.4.2 of Part 2.5 are hereby added to read as follows:

Drainage system. Roof and deck drainage shall be directed to an approved on-site drainage system which terminates at a City drainage facility, gutter, the Belvedere Lagoon or San Francisco Bay.

Exceptions:

1. New roof or deck construction less than two hundred square feet in area may discharge at splash blocks, driveways or other appropriate paved surfaces.

2. When topographic features, NPDES requirements, or other constraints preclude conformance, the City may grant an exception pursuant to approval of an alternate drainage plan approved by the City Engineer.

• I. Subsection 1505.1.3 of Part 2 and Subsection 902.1.3 of Part 2.5 are hereby amended to read as follows:

Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering, or assembly, that is at least Class A.

• J. Section 3110, Automatic Vehicular Gates, is hereby amended to read as follows:

Section 3110 Gates

3110.1 General. Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and 3110.3 and other applicable sections of this code. All other gates shall comply with Sections 3110.4 and other applicable sections of this code.

3110.2 Vehicular Gates Intended for Automation. Vehicular gates intended for automation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

3110.3 Vehicular Gate Openers. Vehicular gate openers, where provided, shall be listed in accordance with UL 325.

3110.4 All Other Gates. Any gate more than 48 inches (1219 mm) in width or more than 84 inches (2134 mm) in height shall meet the requirements of ASTM F1184, shall be installed per the manufacturer’s recommendations, and shall be designed, constructed, and installed to meet all of the following:

1. Gate shall not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.

   2. Gate shall be balanced and not move under the gate’s own weight or by gravity.

   3. Rolling wheels shall be covered.

   4. Gate shall have positive stops.

• (Ord. 2025-09 § 3, 2025.)

A. Any person, firm or corporation violating any of the provisions of this Chapter shall be punishable by any of the remedies provided in Chapters 1.12 and 1.14 of the Belvedere Municipal Code, in the code adopted by Section 16.04.010, or by any other remedy provided by law.

B. Any work commenced or continued in violation of this chapter shall be, and is declared, unlawful and a public nuisance.

C. No new permits shall be issued for work on a property unless all existing violations and expired permits issued for work on such property are cleared by abatement or reinstatement. (Ord. 2025-09 § 3, 2025.)

The amendments provided for in the preceding sections of this chapter shall not affect any offense or act committed or done or any penalty or forfeiture before the effective date of the ordinance codified in this chapter, nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to such effective date. (Ord. 2025-09 § 3, 2025.)