El Cerrito Municipal Code Ch. 16.03 California Residential Code

Footnotes:

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Editor's note— Ord. No. 2025-03, Div. III, adopted Oct. 21, 2025, repealed the former Ch. 16.03 §§ 16.03.010—16.03.130 and enacted a new Ch. 16.03 as set out herein. The former Ch. 16.03 pertained to similar subject matter and derived from Ord. No. 2022-03, Div. III, adopted Nov. 1, 2022.

The Residential Code for the City, sometimes referred to as "the CRC," is the 2025 California Residential Code, (based on the International Building Code, 2021 Edition), including Appendix chapters H and Q, as approved by the California Building Standards Commission, and as published in Title 24, Part 2.5 of the California Code of Regulations.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Subsection 105.2 (Building) (3) of the CRC is amended to read:

3. Retaining walls which do not retain more than thirty (30) inches of earth when the earth retained is level and where there is no surcharge load, and retaining walls which do not retain more than two (2) feet of earth when the earth retained is sloping not greater than 2h:1v and there is no surcharge load. The above does not apply to retaining walls impounding Class I, II, or IIIA Liquids. See CBC Section 2304.12.5 for treatment of wood used for retaining walls.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section 106.2.1 is added to the CBC, to read as follows:

Section 106.2.1 Garage, Carport and Driveway Grade Requirements.

(a) Garage and carport floors shall be concrete.

(b) Any person to whom a building permit has been issued shall, where established, obtain official line and grade information as required in Section 13.20.150 of the City Code prior to the construction of foundations or footings for carports and garages.

(c) When official line and grade has not been established, it shall be the responsibility of that person to provide such information as required by City Engineer to establish lines and grades.

(d) Any person to whom a building permit has been issued shall construct the finish floor of carports and garages to an elevation which shall conform to the official driveway data as set forth on plan LL-1031 on file with the City Engineer.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Subsection R106.3.1 is amended by adding a second paragraph to the CRC, to read as follows:

Review by Fire Chief. Whenever application is made for a building permit, as required by the CRC, the Building Official shall withhold issuance of the building permit until notification from the Fire Chief that all plans required by the California Fire Code (chapter 16.26 of this title) have been reviewed and approved, and that the requirements specified in Section 16.26 have been met.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section R113.5 is added to the CRC, to read as follows:

Section R113.5 - Littering of Streets

It shall be unlawful for any person to excavate, dig or move dirt, rock, or other substances so as to allow fragments thereof from being thrown or dropped against or upon lots or buildings, or upon any public right-of-way. Any person dropping such material or tracking dirt, mud or rocks from private property upon any public right-of-way shall immediately cause the same to be removed. Transportation of dirt and rock requires a permit obtained pursuant to chapter 13.24 of the El Cerrito Municipal Code.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section R115 is added to the CRC, to read as follows:

Section R115 - General Regulation of Construction

(a) Work may be prohibited during inclement weather upon the order of the City Building Official.

(b) The hours of work shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Work shall be prohibited on Sundays and Holidays.

(c) Work hours in the public right-of-way shall be regulated by Public Works Department.

(e) Work must be controlled to prevent causing a public nuisance such as dust, noise, vibrations, uncontrolled storm water runoff, and traffic congestion.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section R116 is added to the CRC to read as follows:

Section 116 - Small Residential Rooftop Solar Energy System Review Process

A. The following words and phrases as used in this section are defined as follows: "Electronic submittal" means the utilization of one or more of the following:

1. e-mail,

2. the internet,

3. facsimile.

"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

C. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop a modified version of the eligibility checklist from the 2020 California Solar Permitting Guidebook to conform to the City of El Cerrito's unique climactic, geological, seismological, or topographical conditions and adopt such checklist.

D. The checklist shall be published on the city's internet website. The applicant may submit the permit application and associated documentation to the City's building division by personal, mailed, or electronic (when developed and available) submittal together with any required permit processing and inspection fees.

E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system, the main panel make and type, including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads and accept new electrical connections.

F. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

G. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

H. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section R319.1 of the CRC is amended as follows:

Exception 2 is deleted in its entirety.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section R308.1 of the CRC is amended to read as follows:

Section R308.1 - Premises Identification Numbering.

Address Identification.

a) The city shall keep on file a description of the method to be used in the assignment of street address identification numbers. This method shall be approved by Council resolution and shall be available for inspection by any member of the public.

b) Every main structure or building constructed, altered, repaired or moved into the city shall be assigned a street identification number by the Building Official.

c) Numbers identifying the street address shall be placed on the street side of the building or structure in such manner as to be plainly visible from the street or public way. Identification numbers shall be a minimum of four (4) inches in height with minimum ½" stroke width for residential, and six (6) inches in height with minimum 1" stroke width for commercial buildings, and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure.

d) The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official.

e) Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.

f) Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure.

g) The owner shall be responsible for the maintenance of identification numbers.

h) Any change of the assigned street identification number must be approved by the Building Official.

i) Every owner or occupant of any building or structure not numbered in accordance with the provisions of this section shall, within ten

j) (10) days after notice given by the City change the number of such building or structure to the number specified in the notice.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section R322.1 of the CRC is amended by adding the following sentence:

Construction within special Flood Hazard Areas must comply with Chapter 13.40 of the El Cerrito Municipal Code.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section R402.1 of the CRC concerning the use of wood foundations is deleted in its entirety.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Section R602.10.4 containing Table R602.10.3(3) of the CRC is amended as follows:

Footnote "e" at the end of CRC Table R602.10.3(3), is amended to read:

e. In Seismic Design Categories D0, D1, and D2, Methods GB, PFG, and CS-SFB are not permitted and the use of Method PCP is limited to one- story single family dwellings and accessory structures.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Subsection R703.6 of the CRC is amended to add the following sentence:

Wood shingles or shakes shall conform to CSSB and be fire resistance Class B or better which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See section 8.30.030 of the El Cerrito Municipal Code for roofing standards in very high fire hazard severity zones.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Subsection R902.1 of the CRC is amended to read as follows:

Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A roofing shall be installed in areas designated by this section including where the edge of the roof is less than 3 feet (914 mm) from a lot line. Class A roofing required by this section to be listed shall be tested in accordance with ASTME108 or UL 790.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

3. Class A roof assemblies include minimum 16 ounces per square foot copper sheets installed over combustible decks.

4. Class A roof assemblies include slate installed over underlayment over combustible decks.

(Ord. No. 2025-03, Div. III, 10-21-2025)

Subsection R902.1.2 of the CRC is amended to read as follows:

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 that is at least Class A.

(Ord. No. 2025-03, Div. III, 10-21-2025)