§ 19.23

The purpose of this chapter is to support the use of alternative construction design, materials and methods that protect the environment, stimulate the economic viability of sustainable construction, aid affordability of construction practices, increase participation and consumer protection through lawful construction activity, enhance owner equity in the improvement of property, and permit the voluntary application of alternative building regulations contained within Part 8 of Title 24 of the California Code of Regulations for the construction, alteration, expansion or preservation of designated architecturally significant structures and architecturally significant features pursuant to Section 19.04.028(c) of this code.

(Ord. No. 3658, § II(exh. A), 2016)

The provisions of this chapter, and the regulations within Part 8 of Title 24 of the California Code of Regulations, shall be voluntarily used in conjunction with the California Building Standards Code to provide solutions to facilitate construction, alteration, expansion or preservation of designated architecturally significant structures and architecturally significant features, as defined in this chapter, in promoting costeffective approaches to providing sustainability and reasonable safety of the occupants or users. 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)

Architecturally significant structure is any existing or future structure or property, collection of structures, and their related sites deemed to have present or future local importance to the history, architecture or culture of an area pursuant to California Health and Safety Code Section 18955 and inventoried along with its significant features within the Marin County register of architecturally significant structures.

(b)

Architecturally significant features are the specific character-defining architectural features of an architecturally significant structure that are determined to have local importance by the County, pursuant to California Health and Safety Code Section 18955, and expressly inventoried with the structure within the Marin County register of architecturally significant structures.

(Ord. No. 3658, § II(exh. A), 2016; Ord. No. 3815, § VI, 2024)

19.23.030 - Permits, plans and inspections.

Permits, plans and inspections shall be required for the construction, alteration, expansion or preservation of designated architecturally significant 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 therefore 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 construction has been 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 architecturally significant 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 an architecturally significant structure prior to the completion of the entire structure 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 architecturally significant structure shall assume sole responsibility for the occupancy of the structure or portion thereof.

(Ord. No. 3658, § II(exh. A), 2016)

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)

19.23.060 - General requirements.

(a)

Each construction, 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)

19.23.065 - 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), in the preservation of architecturally significant features 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.

Architecturally significant structures subject 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 construction, alteration or maintenance of architecturally significant features 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)