§ 8-1

For the purpose of regulating the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures and grading in the City of Pacifica, Chapters 1 through 35, including Chapter 1 Division II Scope and Administration, Appendix C ("Group U - Agricultural Buildings"), Appendix G ("Flood-Resistant Construction"), Appendix I (Patio Covers) and Appendix J ("Grading"), of that certain Code designated as the California Building Code, 2025 Edition [Title 24, California Code of Regulations, Part 2], which incorporates and amends the 2024 Edition of the International Building Code published by the International Code Council and as may be amended by the Building Standards Commission, which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Building Code for the City.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.02. - Amendments: Section 1.11.2.1 ("Enforcement").

Section 1.11.2.1.1 of Chapter 1, Division I of the California Building Code shall be amended to read as follows:

The City of Pacifica specifically delegates the enforcement of building standards adopted by the State Fire Marshal, and published in the Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal, as they relate to Group R-3 Occupancies (one- and two-family dwellings) to the Building Official of the City of Pacifica.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.03. - Amendments: Section 105.3 ("Application for a permit").

Section 105.3.3 shall be added to the California Building Code to read as follows:

Section 105.3.3 Improvements Required Prior to the Issuance of Building Permits and Exceptions.

The City Engineer shall require, prior to the issuance of a building permit for the construction of any structure or improvement upon unimproved property within the City where such permit is required and where public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities do not exist, the construction of such public improvements along such property, constructed in accordance with the City of Pacifica's Engineering Standards, as part of the construction of such structure or improvements.

Exceptions:

(1)

When it is not practical to establish grades prior to the completion of construction of the structure, the City Engineer may require an executed agreement by the property owner stating he/she will construct public improvements, including street paving, sidewalks, gutter and/or curb and miscellaneous facilities at such time as the City may deem it feasible.

(2)

Sidewalks shall not be required prior to the issuance of a building permit for the construction of any structure or improvements upon unimproved property in areas where the Council has, by resolution, deemed that sidewalks are not required. The City Engineer may require an executed agreement by the property owner stating he/she will construct the improvements at such time the City may again require them.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.04. - Amendments: Section 105.6 ("Suspension or revocation").

Section 105.6 of the California Building Code shall be amended in its entirety to read as follows:

105.6 Suspension or Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code, or other relevant laws, ordinances, rules, or regulations, whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation of any of the provisions of this Code.

The Building Official may also, in writing, withhold inspections or approvals, or suspend or revoke a permit, where work is being performed in violation of approved plans, conditions of the permit, or applicable laws, and/or where work is being concealed without approval from the Building Official, and/or where work is not in accordance with the direction of the Building Official.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.05. - Amendments: Section 105.8 ("Hours of construction").

Section 105.8 shall be added to the California Building Code read as follows:

Section 105.8 Hours of Construction: The hours of construction for any project for which a building permit is required within the City of Pacifica shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday. The hours of construction shall be limited to 9:00 a.m. to 5:00 p.m. on Saturday and Sunday.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.06. - Amendments: Section 109.4 ("Work commencing before permit issuance").

Section 109.4 of the California Building Code is hereby amended in its entirety to read as follows:

109.4 Work Commencing Before Permit Issuance. Whenever any work for which a permit is required by this Code has been commenced without first obtaining such permit, an investigation and processing fee equal to the amount of the required permit fee or as otherwise established by the most current fee schedule adopted in the City of Pacifica Administrative Policy No. 2 shall be collected at the time of application for the required permit and prior to the issuance of the required permit, irrespective of whether a permit is subsequently issued. Such fees shall not limit the imposition and collection of any other applicable fees that may be required by the Building Official, including fees for inspections and testing necessitated by illegal construction.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.07. - Amendments: Section 111.2.1 ("Certificate issued").

Section 111.2.1 shall be added to the California Building Code read as follows:

111.2.1 Improvements Prior to Occupancy of Structures and Utility Service Exceptions.

(a)

No new structure for which a building permit is required shall be occupied or otherwise used, nor shall utility services be supplied thereto, until such public improvements, including street paving, sidewalk, gutter and/or curb and miscellaneous facilities required by Section 105.3.3 have been installed and approved by

the City Engineer and until such time as the Planning Director has been satisfied that all Planning Department requirements for the project have been met, including, but not limited to, any applicable conditions of approval imposed on the project by approval of a discretionary permit.

(b)

When it is, in the opinion of the City Engineer and/or the Planning Director, not practicable to complete public improvements including street paving, sidewalk, gutter and/or curb, miscellaneous facilities or Planning Department conditions prior to completion of construction of the structure, a completion bond in an amount determined by the City Engineer and/or Planning Director to be adequate to ensure completion shall be posted for the completion of the required improvements.

Exception: The Building Official may authorize the installation of gas and/or electric utilities in buildings for the purpose of testing equipment prior to completion of construction when the Building Official has determined that such utilities are necessary for the testing of required equipment prior to the final inspection of the building.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.08. - Amendments: Section 112.4 ("Service Utilities: Underground Utilities")

Section 112.4 is hereby added to the California Building Code to read as follows:

Section 112.4 Underground Utilities.

112.4.1 Authority and Purpose. This Section is enacted pursuant to the general police powers of the City as well as the City's authority to modify its local building standards, and is for the purpose of ensuring that all new construction adheres to utility undergrounding measures designed to reduce the risk of fire and to preserve scenic resources.

112.4.2 Undergrounding Requirements.

(a)

Persons constructing any structure subject to this Code shall underground all utility lines as follows:

(i)

All on-site utility lines must be placed underground;

(ii)

All utility lines between (i.e., connected to and serving) the structure and the point of connection to existing utility lines having the capacity to serve the structure must be placed underground; and

(iii)

If any utility lines are being upgraded, the upgraded portions as well as the pre-existing lines shall be placed underground.

(b)

Exceptions. Undergrounding of utilities as described in this Subsection shall not be required when any of the following three conditions apply:

(i)

The undergrounding of utility lines would require the trenching and repaving of any public right-of-way that has been paved within one year from the date the building permit is issued;

(ii)

The undergrounding of utility lines would require more than 500 feet of trenching to reach a point of connection to existing utility lines having the capacity to serve the structure. In such case, the nearest 500 feet of utility lines to the structure shall be installed underground; or

(iii)

The servicing utility carrier has issued written notice indicating that undergrounding is either impractical or impossible given the location of the structure, and that the carrier has refused to provide utilities through undergrounded utility lines.

112.4.3 Undergrounding Standards.

(a)

All placement of utilities underground shall adhere to the standards and specifications of the California Building Standards Code, including applicable titles, as applied and codified in this Title. Any placement of utilities underground shall be subject to inspection by the Building Official to ensure that these standards are met.

(b)

In the event that the placement of utilities underground requires digging, trenching, or otherwise impacting existing public right-of-way, the property owner shall be responsible for obtaining all necessary licenses, permits, and rights of entry from the City, county, and/or state, as appropriate. The property owner shall also be required to restore or cause to be restored all public right-of-way that is impacted by the placement of utilities, which restoration will include replacement of pavement overlay.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.09. - Amendments: Section 113 ("Means of Appeals").

Section 113.1 of the California Building Code is hereby amended to read as follows:

113.1 General

Any person who is aggrieved by an order, decision or determination of the Building Official or the Building Official's determination of this code may appeal said order, decision or determination. Such appeal shall be in writing and must be filed with the City Clerk within ten (10) business days from the date of service of the

order, decision or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the order, decision or determination of the Building Official is deemed final and binding. Appeals shall be heard as follows:

(1)

Appeals shall be heard before the Emergency Preparedness and Safety Commission ("Commission"). As soon as practicable after receiving the request, the City Clerk shall set a date for the Commission to hear the appeal, which date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was received. The City Clerk shall give each party written notice of the time and place of the hearing at least ten (10) calendar days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the party personally, or by mailing a copy thereof, postage prepaid, addressed to each appealing party at the address(es) shown on the request. Continuances of the appeal hearing may be granted by the Commission on request of the appealing person for good cause shown, provided such request is made no later than 24 hours prior to the scheduled hearing, or upon request of the Building Official or his or her designee for good cause shown, or on the Commission's own motion.

(2)

At the time and place set forth in the notice of hearing, the Commission shall hear the testimony of the appealing person(s), the Building Official, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the order, decision or determination being appealed. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. Appeal hearings are informal, and formal rules of evidence and discovery do not apply.

(3)

Upon the conclusion of the appeal hearing, the Commission shall, on the basis of the evidence presented at the hearing, determine whether the order, decision or determination should be affirmed, modified, or rescinded. A copy of the Commission's written decision shall be served upon the appealing person by first class mail or by personal service. Notwithstanding any other provision of the Pacifica Municipal Code, the determination of the Commission shall be final and binding.

(4)

If the appellant fails to appear, the Commission shall cancel the hearing and send a notice thereof to the appellant by first class mail. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the order, decision or determination of the Building Official shall be final and binding.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.10. - Amendments: Section 114.4 ("Violation penalties").

Section 114.4 of the California Building Code is hereby amended in its entirety to read as follows:

114.4 Violation Penalties. Any person, firm or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs or maintains a building, structure, installation or equipment, or excavates, cuts, fills, grades, compacts or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 2 of Title 1 of the Pacifica Municipal Code.

Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.11. - Amendments: Section 117 ("Procedures for Legalizing Unpermitted Structures or Grading").

Section 117 shall be added to the California Building Code to read as follows:

117. Procedure for Legalizing Unpermitted Structures or Grading.

117.1 Permits. Any person who wishes to legalize an "unpermitted structure" or "unpermitted grading" shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Code requirements and other required approvals pursuant to the Pacifica Municipal Code in order to be legalized.

117.2 Plans.

117.2.1 Structures. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the Building Official and Planning Director for review and approval.

117.2.2 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the Building Official and Planning Director for review and approval.

117.3 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.

117.4 Investigation Fees.

117.4.1 Investigation. Whenever any work for which a permit is required by this Code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, "special investigation" shall include, but is not limited to, inspecting premises and structures, reviewing permit,

license and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.

117.4.2 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be assessed as provided in Section 109.4 of this Code.

The payment of such investigation fee shall not exempt any person from compliance with all other provision of this Code nor from any penalty prescribed by law.

117.5 Unpermitted Structures or Grading Which Cannot be Legalized. If the Planning Director determines that the City's zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.

If the Building Official determines that an unpermitted structure cannot be made to conform with current applicable Technical Code requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections and approvals.

If the Building Official determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Code requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections and approvals.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.12. - Amendments: Section 202 ("Definitions").

Section 202 of the California Building Code is hereby amended to add the following definitions:

BOARD OF APPEALS. The Emergency Preparedness & Safety Commission of the City of Pacifica.

TECHNICAL CODES. The California Building Standards Code, Title 24 California Code of Regulations, Parts 1- 12, and the International Property Maintenance Code, as adopted by the City of Pacifica, and as further amended by the City of Pacifica in Title 8 of the City of Pacifica Municipal Code.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.13. - Amendments: Section 903.2 ("Where Required").

Section 903.2 of the California Building Code is hereby amended in its entirety to read as follows:

903.2 Where Required.

A.

Newly Constructed Buildings and Structures. An automatic fire sprinkler system shall be installed in all new occupancies and locations.

Exception. Detached U occupancies not exceeding 1,000 square feet in size, when accessory to an R-3 dwelling.

B.

Existing Buildings and Structures. An automatic fire sprinkler system shall be installed throughout all buildings when an addition is added to the building.

Exceptions:

When an addition to an R-3 occupancy is less than 1,000 square feet in size and when an addition to all other occupancies is less than 500 square feet in size, no sprinklers are required in either the addition or the existing building.

When specifically exempted by the Fire Code Official.

The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing dwelling.

C.

Car Stackers. Parking garage areas containing car stackers shall be protected by an automatic wet-pipe sprinkler system designed to the current edition of NFPA 13. In addition, non-extended coverage standard sidewall sprinklers listed for Ordinary Hazard shall be provided under each parking level, including the bottom level if the stacker is provided with a pit. Each sidewall sprinkler shall cover an area of 80 sq. ft. or less.

The area of application may be reduced from the required 2,500 sq. ft. to as low as 1,500 sq. ft. if:

1-hour fire rated walls are provided to separate the car stacker areas from the standard parking stalls;

The car stacker areas are divided up into 1,500 sq. ft. areas via 1-hour fire rated walls; and

One-hour fire rated walls are provided to separate the car stacker areas from any other areas in the garage.

One-hour fired rated walls are not required in the driveway areas. For the hydraulic calculation, flow from all sprinklers, upright or pendent sprinklers at ceiling and all sidewall sprinklers at all levels, located in the area of application shall be included in the calculation.

(§ 5, Ord. 886-C.S., eff. January 1, 2023; §§ 5, 6, Ord. No. 904-C.S., eff. January 1, 2026)

Sec. 8-1.14. - Amendments: Section 1507.8 ("Wood shingles").

Section 1507.8 of the California Building Code is hereby amended to read as follows: