King City Municipal Code § 9-4 Construction Codes Adopted

The following changes and modifications are hereby made to Sections 4.408 and 5.408 of the California Green Building Code referenced in Section 9-4:

Replace Sections 4.408 and 5.408 of the California Green Building Code with requirements of the “Ordinance of the City Council of the City of King Establishing a Program to Require Deconstruction, Demolition and Construction Material Recovery and

Diversion from Landfills” which is set forth in Section 9-4.2, et seq.:

(a) “Bona fide processor/facility” means: A facility which recycles, composts or otherwise recovers materials or a re-use facility for which a permit has been issued by the Monterey County Integrated Waste Management Task Force.

A facility may be certified if the owner or operator of the facility submits documentation satisfactory illustrating:

1. That the facility has obtained all applicable Federal, State, and local permits, and is in full compliance with all applicable regulations; and

2. The percentage of incoming waste from construction, demolition and alteration activities that is diverted from landfill disposal meets the required minimum percentages set forth in this article; and

3. All loads are weighed by scale(s) certified as accurate by the County of Monterey, Division of Weights and Measures.

(b) “Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the city of King.

(c) “Construction” means all building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of Designated Recyclable and Reusable Materials as defined below.

(d) “Construction and demolition debris” or “C&D debris” means recyclable and non-recyclable waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, foundations, houses, commercial buildings and other structures, and includes mixed waste, with more specific definitions for the purposes of this chapter, as follows:

1. Discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the deconstruction, demolition and construction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.

2. Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project.

3. Non-construction and demolition debris wood scraps.

4. Non-hazardous wastes that are generated at construction or demolition projects provided such amounts are consistent with best management practices of the industry; hazardous wastes such as materials contaminated with asbestos and lead-based paint are specifically excluded from C&D debris.

5. Mixing of construction and demolition debris with other types of solid waste will not be classified as material recovery for C&D debris and will be charged as solid waste.

(e) “Covered project” means any construction, demolition or renovation project that requires a permit and is subject to the diversion and reporting requirements set forth in this article, except as defined in Section 9-04.8.

(f) “Demolition/deconstruction” means the removal or destruction involving the use or disposal of Designated Recovered and Reusable Materials as defined below.

(g) “Designated recyclable and reusable materials” means:

1. Masonry building materials and all products generally used in construction, including, but not limited to, asphalt, concrete, rock, stone and brick.

2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.

3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use.

4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes, slate and fences.

5. Roofing Materials, including wood shingles as well as asphalt, stone and slate based roofing material.

6. Salvageable Materials, including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, architectural remnants, and appliances.

7. Any other materials which the city or designee determines can be recycled or reused due to the identification of a recycling facility, reuse facility, or market accessible to the city, including facilities which can further sort mixed C&D debris through mechanical and/or manual processes in order to remove additional materials for reuse or recycling.

(h) “Exclusive franchisee” means any person or association, or the agents or employees thereof, with whom the city shall have duly contracted under the terms hereinafter set forth in this article to collect, transport through the streets, alleys, or public ways of the city, and dispose of, all solid waste produced and/or collected within the limits of the city.

(i) “Hardscape improvements” means swimming pools, driveways, parking lots, walkways, patios and decks.

(j) “Hazardous materials” means any construction or demolition debris, such as asbestos or lead-based paint that exceeds State of California thresholds for such classification, and is required to have special disposal procedures. Hazardous materials are specifically excluded from C&D debris.

(k) “Inert solids” means concrete, fully cured asphalt, asphalt roofing shingles, brick, ceramics, clay and clay products.

In accordance with Chapter 14, Sections 14-10-070 and 14-10-110 of the municipal code, it is unlawful for any person or business, other than the city’s exclusive franchisee, to collect or transport any C&D debris within the city. Accordingly, any generator of C&D debris within the city must enter into a contract with the exclusive franchisee for the removal of C&D debris, unless one or more of the following conditions are met:

1. In cases where recyclable materials are source separated from C&D debris for sale or donation including, but not limited to, those collected through private arrangements between the generator and the collector and where the generator is not paying for the material to be removed, as defined in Chapter 14, Section 14-12.a.2 of the municipal code; or

2. C&D debris: (a) removed from a premises by a licensed contractor as an incidental part of a total construction, remodeling or demolition service offered by that contractor, rather than as a separately contracted or subcontracted hauling service using storage vehicles (debris boxes removed from vehicle do not comply) or similar apparatus; or (b) directly loaded into a fixed body vehicle owned by either the generator or generator’s employee and hauled directly to a bona fide processing facility, as defined in Chapter 14, Section 14-12.a.1 of the municipal code.

For each covered project, 100% of inert solids and at least 50% of the remaining C&D debris shall be diverted from landfill disposal in accordance with the provisions of this article, except as provided in Section 9-4.8.

Every applicant, general contractor, subcontractor and/or owner of property on which a covered project occurs shall be responsible for compliance with the provisions of this article. Diversion requirements shall be met by submitting and following a waste reduction and recycling plan that achieves the following:

1. Deconstructing and salvaging all or part of the structure as practicable; and

2. Directing 100% of inert solids to bona fide facilities for reuse or recycling; and

3. Either:

a. Directing all mixed C&D debris to a bona fide processor approved by the city, or

b. Source separating non-inert materials, such as cardboard and paper, wood, metals, green waste, new gypsum wallboard, tile, porcelain fixtures, and other easily recycled materials, and directing them to a bona fide facility for recycling and taking the remainder (but no more than 50% by weight) to a designated transfer or disposal facility. In this option, calculations must be provided to show that fifty percent of demolition and construction debris (in addition to 100% of inert solids) has been diverted.

As a condition precedent to issuance of any permit (in cases of federal property, before building or demolition is to commence) for a construction, demolition or renovation project that involves the production of C&D debris, the applicant must include a proposed waste reduction and recycling plan, on a form provided by the city, as part of the permit application. The plan shall include the following information:

1. Project type, description, location and contact information;

2. Types of C&D debris to be generated by the project;

3. How the C&D debris will be handled (source separated on-site and/or mixed);

4. Specify how the C&D debris will be transported to a bona fide facility;

5. Signed owner/agent attest.

During the term of the demolition and/or construction project, the permittee shall demonstrate compliance with the diversion requirements of this article and maintain records of all diverted and disposed materials, measured by weight in tons. The city will evaluate and monitor each project to confirm the percentage of materials recycled, salvaged or otherwise diverted from the project based on information provided by the permittee.

Structures and/or hardscape improvements planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition.

It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable materials prior to demolition.

Recovered and reusable materials from the deconstruction phase may be given or sold on the premises, or may be removed to a reuse warehouse or other reuse facility for storage or sale and shall be counted towards the diversion requirements of this article.

The use of debris boxes and/or the collection and removal of C&D debris by a hauler or business other than the exclusive franchise must be consistent with the provisions of this article and the city’s franchise agreement.

The permittee shall submit documentation to the city, which proves compliance with the requirements of this chapter, prior to the issuance of a certificate of occupancy or the final inspection. The documentation shall consist of a complete and final waste reduction and recycling report, describing diversion activities and showing actual tonnage data for all diverted and disposed materials, supported by legible receipts, weight tags, invoices or other records of measurement from bona fide facilities, the exclusive franchisee or a licensed contractor as prescribed in Section 9-4.3(2) of this article. The report shall include the following information:

1. Identify the type and quantity (in tons) of materials recycled, reused, salvaged and/or disposed;

2. Identify how the materials were handled (source separated or mixed);

3. Identify how the C&D debris was transported to a bona fide facility;

4. Identify where the materials were taken for recycling or disposal.

1. Projects that meet the exceptions set forth in Sections 4.408 and 5.408 of the California Green Building Standards Code, as amended;

2. Projects that are not subject to the California Building Code;

3. Projects for which a building permit is not required;

4. Roofing projects only (See Section 9-4.9 below);

5. Work for which only a plumbing, electrical or mechanical permit is required;

6. Seismic tie-down projects;

7. The installation or replacement of shelves;

8. Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required;

9. Installation of swimming pools and spas excavation that does not exceed sixteen square feet, and any related construction or alterations necessary for pool or spa equipment or accessories, not to any other portion of the project;

10. Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required;

11. The building official shall have the authority to render interpretations of this article and to adopt policies and procedures in order to clarify the application of its provisions, including diversion exemptions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this article. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this article.

Applicants for permits exempted from the requirements of this article may voluntarily complete a waste reduction and recycling plan.

As a condition precedent to issuance of any permit (in cases of Federal property, before building or demolition is to commence) for a building, roofing, or demolition project that involves the production of C&D debris, the applicant shall pay to the city a fee sufficient to compensate the city for expenses incurred in ensuring compliance with these provisions. The amount of this fee shall be determined in accordance with the then current resolution of the City Council determining the same.

(a) At any time during demolition or construction, a City building inspector may inspect the site and contractor’s on-site practices to ensure compliance with this Section. Should on-site practices not comply with this Chapter, a ‘stop-work’ order may be issued until such time that compliance is demonstrated.

(b) At the end of construction, the City may not approve a final inspection or certificate of occupancy unless the project has been determined to be in full compliance with the diversion requirements of this Chapter; or

(c) The project may be determined to be in “substantial compliance” if the applicant has made a “good faith effort” to comply, but for an unforeseen reason could not fully comply. In the case of substantial compliance, the applicant shall present documentation of good faith efforts upon consultation with and verification by the Salinas Valley Solid Waste Authority, which shall serve as meeting the compliance requirements of this Chapter; or

(d) The project may be determined to be “non-compliant”, in which case the applicant is not in substantial compliance or has failed to submit the required documentation. If it is determined that the applicant is not in compliance, a civil penalty calculated as 2% of the total project valuation will be assessed, and the certificate of occupancy or final inspection may not be issued until the penalty is paid.

(Ord. 723 § 2, 2016)