Chapter 15.80 — GREEN BUILDING STANDARDS CODE; PROJECT CONSTRUCTION AND DEMOLITION

DEBRIS RECYCLING[9]

Editor's note— Ord. 474, § 3(Exh. A), adopted April 4, 2017, amended Ch. 15.80 in its entirety, §§ 15.80.010—15.80.080, in effect repealing and reenacting said chapter, §§ 15.80.010—15.80.080, as set out herein. Former Ch. 15.80 pertained to similar subject matter and derived from Ord. 389, § 2, adopted Dec. 6, 2005.

A.

The green building code of this City is the 2016 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), as amended by the changes, additions, and deletions set forth in this ordinance.

B.

At least one copy of this green building code is now on file with the building inspection department, and the other requirements of Government Code Section 50022.6 have been and shall be complied with.

(Ord. 474, § 3(Exh. A), 2017)

The 2016 California Green Building Standards Code ("CGBSC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72 of the Contra Costa County Code. Section numbers used below are those of the 2016 California Green Building Standards Code.

A.

Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended to read:

Section 301.1.1 Additions and alterations. The mandatory provisions of Chapter 4 shall apply to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration.

The mandatory provisions of Section 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings:

Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more.

Alterations to existing structures impacting 5,000 square feet or more of total combined conditioned and unconditioned building area.

Demolition projects when a demolition permit is required.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.

For the purposes of determining whether a project meets the 5,000 square-foot threshold, the enforcing agency may deem all phases of a project and all related projects taking place on a single or adjoining parcel(s) as a single project.

Note: On and after January 1, 2014, residential buildings undergoing permitted alterations, additions or improvements shall replace noncompliant plumbing fixtures with water-conserving plumbing fixtures. Plumbing fixture replacement is required prior to issuance of final completion, certificate of occupancy or final permit approval by the local building department. See Civil Code Section 1101.1, et seq., for the definition of a noncompliant plumbing fixture, types of residential buildings affected or other important enactment dates.

(Ord. 474, § 3(Exh. A), 2017)

For the purposes of this ordinance, the following definitions shall apply:

A.

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake construction, demolition, or renovation projects within the City.

B.

"Construction" means the building of any facility, structure, or paved area or any portion thereof including tenant improvements to an existing facility, structure, or paved area.

C.

"Construction and Demolition Debris" ("C&D debris") means used or discarded materials removed from a project site during construction, demolition, or renovation activities.

D.

"Conversion Rate" means the rate set forth in the standardized conversion rate table approved by the state, as amended or revised, for estimating the volume or weight of materials identified in a waste management

plan.

E.

"Covered Project" shall have the meaning set forth in Section 15.80.020.A.

F.

"Deconstruction" means the process of dismantling a building, structure, or paved area in order to salvage components for reuse or recycling.

G.

"Demolition" means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

H.

"Divert" means to use material for any purpose other than disposal in a landfill or transfer facility.

I.

"Diversion Requirement" means the redirection from the waste stream of construction and demolition debris generated by a project via salvage, reuse, and/or recycling.

J.

"Modified Diversion Rate" means a diversion rate less than a standard diversion requirement.

K.

"Non-Covered Project" shall have the meaning set forth in Section 15.80.020.B.

L.

"Official" shall have the meaning set forth in Section 15.80.010.W.

M.

"Project" means any activity, which requires an application for a building, grading, or demolition permit, or any similar permit from the City.

N.

"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

O.

"Renovation" means any change, addition, or modification (including tenant improvements) in an existing structure or building.

P.

"Reuse" means further or repeated use of materials in their original form.

Q.

"Salvage" means the controlled removal of construction or demolition debris from a project site for diversion requirement purposes.

R.

"Site" means any location which requires a waste management plan under this chapter.

S.

"Standard Diversion Requirement" means at least sixty-five percent (65%), or a numeric threshold established by subsequent state regulation, of the waste stream of construction and demolition debris generated by a project is diverted from the landfill via salvage, reuse, and/or recycling.

T.

"Tenant Improvements" means a "project" involving structural or other modifications of an existing building, structure, or project site resulting in the generation of C&D debris.

U.

"Vendor" means a hauler of commercial recycling material licensed to conduct business in the City.

V.

"Waste Management Plan" ("WMP") means a completed WMP form submitted by the applicant for any covered project for the purpose of compliance with this chapter.

W.

"WMP Compliance Official" ("Official") means the City Community Development Director or his or her designee.

(Ord. 474, § 3(Exh. A), 2017)

A.

Covered Projects.

Residential: All construction, demolition, renovation, or re-roofing projects within the City, which involve the construction, demolition, or renovation of five hundred (500) square feet or more of existing area, and/or any additional increase in square footage of conditioned or habitable area by additions to or modification of the existing structure; and which require a building, grading, or demolition permit shall be considered covered projects and shall comply with this chapter. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on single or adjoining parcels, as determined by the official, shall be deemed a single project.

Non-Residential: All non-residential additions or alterations requiring a permit.

B.

Non-Covered Projects.

Construction, demolition and renovation projects within the City that have not met the threshold for covered projects shall be considered non-covered projects.

Installation of solar panels on an existing roof or existing structure; or demolitions which materials have been determined by the City Official cannot be accepted by facilities as recyclable.

Applicants for non-covered projects shall be encouraged and endeavor to divert as much project-related C&D debris as possible.

C.

Projects Sponsored by the City. All construction, demolition and renovation projects sponsored by the City shall be considered covered projects for the purposes of this chapter. The project sponsor or its contractor shall submit a WMP to the official prior to beginning any activities and shall be subject to all applicable provisions of this chapter.

D.

Building, Grading and Demolition Permits. No building, grading or demolition permit shall be issued for a covered project unless and until the official has approved a WMP for the project.

(Ord. 474, § 3(Exh. A), 2017)

An applicant for any covered project shall complete and submit a WMP on a form approved by the City as part of the application submittal requirements for a building, grading, or demolition permit. A complete WMP shall include all of the following:

A.

Identification of the types of C&D debris expected to be generated from the project and the types of C&D debris to be made available for salvage, reuse, and/or recycling, and diverted from the landfill;

B.

Acknowledgement that the standard diversion requirement requires at least sixty-five percent (65%), or a numerical threshold established by subsequent state regulation, of the C&D debris materials to be diverted from the landfill and made available for salvage, reuse, and/or recycling;

C.

Acknowledgement that the applicant is responsible for the actions of his or her contractors, sub- contractors or other agents with regard to the diversion requirement;

D.

Signature of the property owner (or authorized agent); and

E.

A cash deposit (or other financial security instrument acceptable to the City) to ensure the performance of the diversion requirements of this chapter, and to cover staff review and processing charges. The amount of the cash deposit (based upon the square footage of the construction, demolition, or renovation), plus a minimum deposit, shall be established by City Council resolution, and as may be amended from time to time.

(Ord. 474, § 3(Exh. A), 2017)

A.

Approval. Notwithstanding any other provision of this Code, no building, grading, or demolition permits shall be issued for any covered project, nor shall any construction, demolition, or renovation take place on any covered project, unless and until the official has approved the WMP. Approval shall not be necessary, however, when the City determines an emergency demolition is required to protect public health or safety. The official shall approve the WMP if the official determines that the WMP complies with the requirements of Section 15.80.030.

B.

Non-Approval. If the official determines the submitted WMP does not comply with the requirements of Section 15.80.030, the official shall notify the applicant the WMP is not approved and provide a written statement of the reason(s) the WMP is out of compliance. The official shall withhold or order the withholding of issuance of all associated city development permits, including building, grading, and demolition permits for the covered project until compliance has been met.

(Ord. 474, § 3(Exh. A), 2017)

A.

Application. If an applicant experiences unique circumstances that the applicant believes make it infeasible to comply with the standard sixty-five percent (65%) diversion requirement, or a numerical threshold established by subsequent state regulation, the applicant may request approval of a modified diversion rate at the time the applicant submits the WMP in accordance with Section 15.80.030. Economic or increased financial costs to the applicant generally will not be a sufficient basis for approval of a modified diversion rate unless such costs are proportionately extraordinary. The applicant shall indicate on the WMP the maximum amount of diversion the applicant believes can be achieved for each material and the specific unique circumstance(s) the applicant believes makes compliance with the standard diversion requirement infeasible.

B.

Granting of Modified Diversion Rate. If the official determines that the applicant is unable to meet the standard diversion requirement due to unique circumstances, the official may approve and issue a modified diversion rate and shall indicate this rate on the WMP submitted by the applicant.

C.

Denial of Modified Diversion Rate. If the official determines that unique circumstances are not present and the applicant is able to comply with the standard diversion requirement, the official shall so inform the applicant in writing. The applicant shall have thirty (30) calendar days to resubmit a WMP in full compliance with Section 15.80.030.

(Ord. 474, § 3(Exh. A), 2017)

A.

Documentation. Prior to the final building inspection or the filing of a notice of completion for a public works project for any covered project, the applicant shall submit documentation that it has met the diversion requirement for the project to the official. This documentation shall include the following:

A copy of the approved WMP for the project with notations of the actual material volume or weight generated by the completed project;

Receipts from disposal and recycling facilities and/or vendors that received each material showing the type and quantity (weight or volume) of material, and whether the material was disposed in a landfill or recycled; and

Any additional information the applicant believes is relevant to determining compliance with this chapter.

B.

Weighing of Materials. The applicant shall make reasonable efforts to ensure that all C&D debris recycled or disposed in a landfill are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. A volumetric measurement shall be used on C&D debris for which weighing is not practical due to small size or due to other considerations as determined by the official or the state. For conversion of volumetric measurements to weight, the applicant shall use the conversion rates approved by the state for this purpose.

C.

Determination of Compliance. The official shall review the submitted information and determine whether the applicant has complied with the diversion requirement. The official shall authorize the final building inspection or the filing of the notice of completion for a public works project upon making a determination of compliance, as listed below:

Full Compliance. If the official determines the applicant has fully complied with the diversion requirement applicable to the project, the full performance security, less staff review and processing charges, shall be returned to the applicant within thirty (30) days after full compliance is determined.

Partial Compliance. If the official determines the applicant has not fully complied with the diversion requirement applicable to the project, the official shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the approved WMP. In making this determination, the official shall consider the availability of markets for the C&D debris disposed in a landfill, the size of the project and the documented efforts of the applicant to divert the C&D debris. If the official determines the applicant has made a good faith effort to comply with the approved WMP, such determination shall be provided in writing, and the portion of the deposit equivalent to the portion of C&D debris actually diverted compared to the portion that should have been diverted according to the approved WMP will be returned to the applicant, less staff review and processing charges. The partial deposit shall be returned to the applicant within thirty (30) days after partial compliance is determined.

Noncompliance. If the official determines the applicant has not complied with the approved WMP, the official shall notify the applicant in writing. The full amount of the performance security shall be forfeited to the City as a penalty and to cover staff review and processing charges.

(Ord. 474, § 3(Exh. A), 2017)

Appeal of a determination made under this chapter may be made to the city council following the procedures set forth in Section 5.04.100 of this Code, with payment of an appeal fee as established by City Council resolution. Any appeals shall be limited to: 1) the granting or denial of modified diversion rate; or 2) whether the applicant has complied with an approved WMP.

(Ord. 474, § 3(Exh. A), 2017)

Violation of any provision of this chapter may be enforced through remedies listed in this Code, including but not limited to Chapters 1.14, 1.18 and 1.20.

(Ord. 474, § 3(Exh. A), 2017)