§ 19.21

The purpose of this chapter is to support the use of alternative construction design, materials and methods that protect the environment, improve the economic viability of sustainable construction, aid affordability of construction improvements, increase participation and consumer protection through promoting lawful construction activity, enhance owner equity in the improvement of property, and permit the voluntary application of alternative building regulations for the conversion of approved commercial or industrial buildings, or portions thereof, to joint living and work quarters.

(Ord. No. 3658, § II(exh. A), 2016)

19.21.015 - Intent and application.

The provisions of this chapter shall voluntarily apply to the conversion, enlargement, alteration, repair, use, maintenance, and occupancy of approved buildings located on qualifying properties to joint living and work quarters and appurtenant structures. It is the intent of this chapter that the alternative building regulations allowed under this chapter shall impose such requirements as will, in the determination of the building official, protect the public health, safety and welfare in requiring standards for occupancy of joint living and work quarters, consistent with the needs and conditions peculiar to the Marin local environment, and that building code regulations pursuant to the California Building Standards Code applicable to residential housing may have to be relaxed to provide joint living and work quarters in buildings previously used for commercial or industrial purposes. It is not the intent of this chapter to reduce the requirements, review, approval, inspections, nor limit the authority, of the applicable fire agency responsible for overseeing construction applications subject to this chapter.

(Ord. No. 3658, § II(exh. A), 2016)

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

(a)

Joint living and work quarters means residential occupancy by a family maintaining a common household, or by not more than four unrelated persons, of one or more rooms or floors in a building originally designed for industrial or commercial occupancy which include:

(1)

Cooking space and sanitary facilities in conformance with the provisions of Marin County Code; and

(2)

Adequate working space reserved for, and regularly used by, one or more persons residing therein.

(b)

Approved buildings are buildings originally constructed for commercial or industrial purposes, specifically designated and approved for the application of this chapter by the community development agency.

(c)

Qualifying properties are parcels approved for residential use by the community development agency containing one or more approved buildings.

(Ord. No. 3658, § II(exh. A), 2016)

Permits, plans and inspections shall be required for the conversion, enlargement, alteration, repair, use or maintenance of joint living and work quarters and appurtenant structures in accordance with prevailing code and provisions within Title 19 of this code, as modified by this chapter and as determined by the building official. The permit application, plans, and other data filed by an applicant for such permit shall be reviewed by the building official to verify compliance with the provisions of this chapter. If the building official determines that the permit application and other data indicate that the structure(s) will comply with the provisions of this chapter, the community development agency may issue a permit therefor to the applicant.

Exemptions. Work exempt from permit as allowed in Section 19.04.060 of this code shall be exempt from the permit requirements of this chapter.

When inspections are required, the inspections of the building or structure(s) shall be conducted in order to determine compliance with the provisions of this chapter. Structures of simple construction may be inspected at a single inspection, when approved by the building official.

(Ord. No. 3658, § II(exh. A), 2016)

After the conversion is completed for occupancy and all requirements of the permit have been satisfied, inspections which have been required by the building official have been conducted, and work approved, the community development agency shall issue a certificate of occupancy for such joint living and work quarters and appurtenant structure(s) which identify compliance with the provisions of this chapter.

(Ord. No. 3658, § II(exh. A), 2016)

The use and occupancy of a portion or portions of joint living and work quarters or appurtenant structures prior to the completion of the entire conversion may be allowed, provided approved sanitary facilities are available at the site and temporary occupancy does not create any condition to an extent that endangers life, health or fire-life safety of the public or occupants. The occupants of any such uncompleted joint living work quarters and appurtenant structure(s) shall assume sole responsibility for the occupancy of the structure or portion thereof.

(Ord. No. 3658, § II(exh. A), 2016)

19.21.050 - Fees.

Permit fees for the application of this chapter shall be in accordance with county permit fees in effect as provided for elsewhere in this code.

(Ord. No. 3658, § II(exh. A), 2016)

(a)

Each conversion, enlargement, alteration, repair, or maintenance shall be in accordance with applicable laws, requirements contained in Parts 2 through 12, Title 24, California Code of Regulations, and Marin County ordinances and fire-life safety requirements, as modified by this chapter.

(b)

Each structure shall be maintained in a sound structural and fire-life safety condition sufficient to provide a safe and sanitary shelter from the elements for the occupants.

(c)

Fire regulations within the California Building Standards Code and requirements of the fire authority having jurisdiction shall be enforced unless specific alternatives are expressly approved in advance by the fire authority having jurisdiction on a case-by-case basis.

(d)

To safeguard the public health, safety and general welfare of Marin's communities through reasonable and essential fire-life safety improvements to the existing built environment, the provisions of this section shall be applicable to every permit application subject to this chapter for the addition or remodel to an existing building. In addition to the scope of work declared in each permit application for the addition or remodel to an existing building, the applicant shall provide for the following essential fire-life safety improvements to the extent the estimated cost of providing the improvements does not exceed twenty percent of the reasonable valuation of the scope of work declared in the permit application. The list of fire-life safety protection measures in this section includes, but is not limited to, the following:

Smoke and carbon monoxide alarms compliant with the codes adopted in Section 19.04.010.

Automatic fire sprinkler system in accordance with Section 19.04.065.

Water heater seismic anchorage as required by the codes adopted in Section 19.04.010.

Attic venting designed to resist intrusion of flame and burning embers in accordance with Section 19.04.064.

Exterior windows or doors in accordance with Section 19.04.064.

Vegetation management in accordance with Section 19.04.064.

Gas shut-off device in accordance with Section 19.04.090.

Emergency escape and rescue openings in accordance with Section 19.04.070.

The fire official is authorized to use discretion and allow for alternative means of protection when administering this section for the purpose of improving the fire-life safety of existing buildings.

(Ord. No. 3658, § II(exh. A), 2016)

19.21.065 - Intent of general requirements.

Excluding requirements of the fire authority having jurisdiction, it is the purpose and intent of this chapter to permit the use of ingenuity and preferences of the builder, and to allow and facilitate the use of alternatives to the specifications prescribed by the California Building Standards Code (Title 24, California Code of Regulations), to the extent that a reasonable degree of health and safety is provided by such alternatives, and that the materials, methods of construction, and structural integrity of the structure shall perform in application for the purpose intended. To provide for the application of this chapter, it is necessary for the enforcement agency to exercise reasonable judgment in determining the compliance of appropriate structures with the general and specific requirements of this chapter.

Joint living and work quarters and appurtenant structures converted pursuant to this chapter need not conform with the construction requirements prescribed by the latest applicable editions of the California Building Standards Code, or other applicable technical codes; however, it is not the intent of this chapter to disregard nationally accepted technical and scientific principles relating to design, materials, methods of construction, and structural requirements for the creation of joint living and work quarters and appurtenant structures as are contained in the California Building Standards Code, or other applicable technical codes. Such codes shall be a basis for approval.

(Ord. No. 3658, § II(exh. A), 2016)

Chapter 19.23 - VOLUNTARY ALTERNATIVE REGULATIONS FOR THE DESIGNATION, CONSTRUCTION, ALTERATION, EXPANSION OR PRESERVATION OF ARCHITECTURALLY SIGNIFICANT STRUCTURES AND FEATURES[[15]]

Footnotes:

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Editor's note— Ord. No. 3658, § II(exh. A), adopted Nov. 15, 2016, amended Ch. 19.23 in its entirety to read as herein set out. Former Ch. 19.23, §§ 19.23.010—19.23.065, pertained to similar subject matter, and derived from Ord. No. 3619, § II(exh. A, § VII), 2014.

Express finding—Pursuant to California Health and Safety Code Sections 18954, 18955, the Marin County Board of Supervisors hereby finds that there is a local need for alternative building regulations to facilitate, promote and preserve sites, structures and architectural features that reflect, support and express the culture and values of Marin's communities to the extent they have been recognized and designated as historically or architecturally significant by the county architectural commission and inventoried within the Marin County register of architecturally significant sites, structures and features.