Chapter 17.04 — UNIFORM CODES

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Editor's note— Ord. No. 1133 N.S., § 2, adopted Jan. 16, 2024, repealed the former Ch. 17.04, §§ 17.04.010— 17.04.070, and enacted a new Ch. 17.04 as set out herein. The former Ch. 17.04 pertained to similar subject matter and derived from Ord. No. 1085 N.S., § 4, adopted Nov. 19, 2019.

State Law reference— For statutory authority to regulate construction and removal of buildings, see Gov. Code §§ 38601 and 38660; for provisions establishing fire zones, see Ch. 16.04 of this code; for provisions regulating signs, see Ch. 21.19 of this code.

The fourteen documents and their respective appendices as outlined herein, one copy of each of which are on file in the office of the city clerk, are hereby adopted by reference as amended in Title 17, and are being marked and designated as the:

2022 California Administrative Code.

2022 California Building Code, including Chapter 1.

2022 California Residential Code.

2022 California Electrical Code.

2022 California Mechanical Code.

2022 California Plumbing Code.

2022 California Energy Code.

2022 California Historical Building Code.

2022 California Fire Code, including Chapter 1, and

Appendix B—Fire Flow Requirements for Buildings; and

Appendix D—Fire Apparatus Access Roads.

2022 California Existing Building Code.

2022 California Green Building Standards Code.

2022 California Referenced Standards Code.

Uniform Housing Code, 1997 Edition, as published by International Conference of Building Officials.

Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition as published by International Conference of Building Officials.

(Ord. No. 1133 N.S., § 2, 1-16-2024)

A.

Section 105, Permits, is amended and subsections added as follows:

105.1.3 Start of Construction:

For the purpose of enforcement of this code, it shall be interpreted that any movement of soil or preparation for installation of foundation or utilities, other than that allowed under the jurisdiction of an approved grading permit shall signify the start of construction. Prior to start of construction, a valid building permit shall be secured.

105.1.4 Permit Revocation:

Should a permit be secured by check, later to be returned for insufficient funds or closed account, that this shall show just cause for revocation of any permits and posting of a Stop Work Order. In conjunction with posting of a Stop Work Order, the site shall be noticed for abatement.

105.1.5 Street Dedication as a Condition of Issuance of a Building Permit:

No Building Permit shall be issued for the construction, reconstruction or relocation of any building or structure abutting upon a street having a lesser width than that established by resolution of the City Council unless the following requirements in Sections 105.1.6 and 105.1.7 are complied with.

105.1.6 Dedication of Street Right-of-Way:

The owner of the lot shall make a perpetual and irrevocable offer of dedication to the City for public street purposes, and all uses appurtenant thereto, of a depth determined by the City Engineer based upon the Circulation Element of the General Plan and Official Plan Lines adopted by the City Council. It shall be the responsibility of the City Engineer to confirm that the required dedication(s) has/have been provided.

105.1.7 Setbacks:

The required setback shall be maintained for all buildings, structures, and improvements, including off-street parking, as measured from the right-of-way width. It shall be the responsibility of the Building Official to confirm that the required setbacks have been provided, based on property monuments established by a licensed surveyor.

B.

Section 113, Board of Appeals, is amended and subsections added as follows:

113.1.1 In order to provide for interpretations of steps necessary to implement Title 24 of the California Code of Regulations or the technical codes adopted by the City pertaining to access or accommodations for the physically disabled, and those Chapters of the City of El Paso de Robles Municipal Code where the Board is specifically noted as being the entity responsible for the hearing of appeals, there is hereby established a City of Paso Robles Housing Advisory and Disabled Access Board of Appeals (hereinafter sometimes collectively referred to as "Building Board of Appeals" or "Board of Appeals").

113.1.2 Rules and Regulations.

The Board of Appeals shall adopt reasonable rules and regulations, subject to approval by the City Council, for conducting its business.

113.1.3 Appeals Procedure.

Any person aggrieved by a decision of the Building Official for the City pertaining to orders, decisions, or determinations relative to the application and interpretations of the Uniform Housing Code, Uniform Code for Abatement of Dangerous Buildings, Title 24 of the California Code of Regulations, or the technical codes adopted by the City, pertaining to access or accommodations for the physically disabled, shall have the right to appeal the decision as provided for under this chapter.

Decisions and actions regarding the enforcement of the requirements of Division 13, Part 5.5 of the California Health and Safety Code may be appealed by any person to the Appeals Board for Disabled Access as provided for under this chapter.

113.1.4 Appeal Hearing Fee.

A fee shall accompany an application for a hearing before the Building Board of Appeals. The purpose of the fee shall be to cover those costs incurred by the City to provide for the appeals process.

Appeal Fees shall be set by resolution, subject to review by City Council. Appeal fees will be reviewed periodically to ensure that the fees charged cover the costs associated with the appeals process.

113.1.5 Timing and form of appeal.

An appeal shall be filed with the Secretary of the Building Board of Appeals within fifteen (15) working days (holidays observed by the City are not working days) after the rendering of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing in a form to be supplied by the secretary in addition to any other supporting materials the appellant may wish to furnish, setting forth the reasons for the appeal.

Any written reports to be made to the Board shall be filed with the Secretary of the Board and shall be made available to the Board and to the public no less than five (5) working days prior to the date set for the hearing. Any City of Paso Robles Department Manager or designee shall have the right to be heard on any matter coming before the Board.

113.1.6 Hearing and decision.

The Secretary of the Board shall set the time and place for a hearing the appeal, and a notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Paso Robles, and notice shall also be given to the appellant by mailing, postage prepaid, at the address provided by the appellant in the letter of appeal at least ten (10) working days before the hearing date. The Board shall render all decisions in writing.

113.2.1 The Board of Appeals shall function as the "Local Appeals Board" and "Housing Appeals Board" as specified in Sections 17920.5 and 17920.6, respectively, of Division 13, Part 1.5 of the California Health and Safety Code. The Board shall also serve as the "local appeals board" specified in section 19957.5 of the California Health and Safety Code, in appeals relating to accommodations for the physically disabled.

The Board shall have no authority relative to interpretation of the administrative provisions of the codes adopted by the City, nor shall the Board be empowered to waive requirements of any code adopted by the City.

The authority of the Board shall consist of the ability to consider appeals filed pursuant to this Chapter and give reasonable interpretations of the Chapter and the technical codes. When required to do so, the Board will conduct hearings regarding appeals of notices and/or orders relative to unsafe buildings.

113.3.2 Eligibility.

The Building Board of Appeals shall consist of five members and two (2) alternates; the Disabled Access Board of Appeals shall consist of the five members of the Board of Housing Appeals (two of the members of the board must work in construction and one member shall be a member of the public as required by Health & Safety Code § 19957.5) and shall be supplemented by two (2) additional members, both of whom shall be physically disabled when the appeal pertains to disabled access.

Members selected to hear an appeal shall reflect an area of expertise reflective of the appeal being heard.

Members of the Board of Appeals shall be qualified by experience and training to pass judgment upon matters pertaining to building construction and/or disabled access, as appropriate. Members of the Board of Appeals shall be appointed by and serve at the pleasure of the City Council. Each member of the Board shall comply with applicable provisions of the Political Reform Act of 1974, California Government Code Section 81000 et seq. The Building Official shall be an ex officio member of the Board and shall act as secretary to said Board, but shall have no vote upon any matter before the Board.

Exception:

City employees shall not be eligible to serve on the Board of Appeals.

113.3.3 Term.

Terms of initial appointment shall be for a term of two (2) years for two (2) members and four (4) years for three (3) members. Subsequent appointments shall be for a term of four (4) years.

Terms for initial appointment of disabled members for the Disabled Access Appeals shall be two (2) years for one member and four (4) years for the second. Subsequent appointments shall be for a term of four (4) years.

C.

Section 1803.2, Geotechnical Investigations - Investigations Required, is amended to read as follows:

A.

Section R401.4, Soil Tests, is amended with a subsection added as follows:

R401.4.1.1.5 Alternate Procedures.

The governing body of any city, county, or city and county may enact an ordinance prescribing an alternate procedure which is equal to or more restrictive than the procedures specified in Sections R401.4.1.1.1, R401.4.1.1.2 or R401.1.1.3.

The building official shall be permitted to waive the requirement of a foundation and soils investigation report for one- story, wood-frame, and light-steel-frame additions to Group R, Division 1 and 3 occupancies of 1,000 square feet of floor area or less, or new one-story, wood-frame, and light-steel-frame detached accessory structures 1,000 square feet of floor area or less, or one-story, wood-frame, and light-steel-frame additions to detached accessory structures 1,000 square feet of floor area or less when a licensed architect or engineer provides a foundation design and a site observation report with a statement of site suitability.

Minimum foundation for structures that do not require a soils report may be any one of the following:

Minimum 27" deep, 12" wide, with two (2) #5 bars, top and bottom.

Foundation design prepared, stamped, and signed by a licensed architect or engineer, specific to the proposed structure and including a statement of site suitability.

Alternative design approved by the building official due to the project's minor scope, or evidence observed by site investigation, or substantive information provided by the project owner or their authorized agent.

(Ord. No. 1133 N.S., § 2, 1-16-2024)

A.

Section 311, Vacant Premises, is amended with a subsection added as follows:

311.1.3 Securing Premises.

The owner, occupant or other persons having under their control of any property, or materials on property, damaged by fire, when access by the public is possible, shall secure the property either by boarding up all openings, fencing, barricading, or other appropriate measures as directed by the Fire Chief within 24 hours of the incident.

B.

Section 505, Premises Identification, is amended with subsections added as follows:

505.1.1 Address Identification.

When the building or group of buildings (five units or more) is served by an alley or interior driveway, the numbers or alphabetical designation shall be displayed on a directory or annunciator board, approved by the Fire Chief, at each driveway or alley entrance. Senior housing, retirement villas, hotel and motel annunciator boards shall be of a Graphic type. The property owner, Homeowner's Association or individual in charge of the property shall be responsible for maintaining the directory.

505.1.2 Rear Door Address Numbers.

All buildings with access via an alley or other similar roadways shall have the address number provide on the rear door of the building or tenant space.

C.

Section 507, Fire Protection Water Supplies, is amended with a subsection added as follows:

507.2.3 Installation Requirements.

Private fire service mains and water tank installation plans shall be reviewed and approved by the Fire Chief prior to installation. The Fire Chief shall conduct field verification for compliance with approved plans prior to the issuance of a Certificate of Occupancy.

Fire Suppression Backflow Devices shall be protected from freezing by one of the following methods:

A dedicated 20 amp, 120-volt receptacle, capable of supporting the loads associated with commercially available heat tapes shall be located within five feet of any backflow/check valve assembly.

An approved insulated cover providing a minimum resistance factor of R-3. The insulation used must be of a minimum Class III flame spread index, with a smoke density no greater than 450.

D.

Section 903.2 is amended to read as follows:

903.2 Where required.

Unless otherwise required by the Code for a lesser square footage, in the locations described in Sections 903.2.1 through 903.2.12, and Sections 903.2.14 through 903.2.21, approved automatic sprinkler systems shall be provided in all new buildings and structures where the total combination of both usable and unusable floor area exceeds 5,000 square feet.

Exceptions:

Group R Occupancies per Section 903.2.8 "Exceptions:"

New Construction:

The area of mezzanines and additional stories above and below the ground floor shall be included in determining the areas where sprinklers are required. This requirement shall not preclude the installation of any separation walls required by other sections of the Code.

The square footage of a building shall be computed using a combination of both usable and unusable floor area. Vent shafts and concealed spaces shall be considered when computing building area. Areas of buildings may not be reduced, subdivided, or compartmentalized into areas less than 5,000 square feet by the installation of separation

walls. Courts meeting the requirements of Section 1206 of the California Building Code shall not be included in the calculation.

Plans for Fire Sprinkler systems shall be submitted for review prior to inspection of the structural frame.

Occupancies within Commercial Zones, in which the type of tenant is not known at the time of permit (i.e. Shell Buildings), shall have the sprinkler system hydraulically designed to a minimum standard of N.F.P.A. #13, Ordinary Hazard Group III.

Occupancies within Industrial or Manufacturing Zones, when the type of tenant is not known at the time of construction, shall have the sprinkler system hydraulically designed to a minimum standard N.F.P.A. hazard group, as determined by the Fire Chief.

Existing Construction:

An automatic fire sprinkler system shall be installed in all rooms, buildings, or structures when the following conditions are determined to exist:

In conjunction with any change in the occupancy group assigned the structure under the California Building Code, the floor area exceeds 5,000 square feet.

The area of mezzanines shall be included in determining the areas where sprinklers are required. This requirement shall not preclude the installation of any separation walls required by the Code.

The square footage of a building shall be computed using outside wall areas. Vent shafts and concealed spaces shall be considered when computing building area. Areas of buildings may not be reduced, subdivided, or compartmentalized into areas less than 5,000 square feet by the installation of separation walls. Courts meeting the requirements of Section 1206 of the California Building Code shall not be included in the calculation.

E.

Section 903.3.7 is amended to read as follows:

903.3.7 Fire department connections.

Connections shall be located on the addressed side of the building and within 150 feet of a fire hydrant, with the exact location to be specified by the Fire Chief.

Exception: The Fire Chief may require connections in locations other than the addressed side when necessary due to response needs or unusual building configuration.

F.

Section 5608, Fireworks Display, is amended with subsection added as follows:

A.

Article 230.70, Service Equipment-Disconnecting Means, General, is amended with a subsection added as follows:

230.70.1. All electric services shall have a single main disconnect to disconnect all conductors in a building or structure. In all new construction and remodels involving fifty percent or more of the total square footage of the building, when the required disconnect is located within the building or in an area not readily accessible, a shunt trip shall be installed and wired to be activated by a 'Knox Switch' located in a readily accessible location on the exterior of the building as designated by the Fire Chief.

(Ord. No. 1133 N.S., § 2, 1-16-2024)

A.

Section 312.0, Protection of Piping, Materials, and Structures, is amended with subsection added as follows:

312.6 Freezing Protection. No water, soil, or waste pipe shall be installed or permitted outside of a building, in attics or crawl spaces, or in an exterior wall unless, where necessary, adequate provision is made to protect such pipe from freezing.

Insulation providing a minimum resistance factor of R-3 or greater is required for all pipes 2" or less in diameter that are located in unconditioned spaces.

Commercial and residential fire suppression systems shall be provided with an insulation cover providing a minimum resistance factor of R-3. The insulation used must be of a minimum Class III flame spread index, with a smoke density no greater than 450.

B.

Section 401.3, Water-Conserving Fixtures and Fittings, is amended with a subsection added as follows:

401.3.1. Equipment installed in automatic and coin operated car washes shall be capable of recycling a minimum of fifty percent (50%) of the water required for their daily operation.

C.

Section 603.3, Backflow Prevention Devices, Assemblies, and Methods, is amended with subsections added as follows:

603.3.13. All new Commercial, Industrial, and Multi-family developments (two units or more) shall protect the city water supply through the installation of a Backflow - Reduced Pressure Device Prevention Device. Approval of the type and location of the device shall be the responsibility of the City Public Works Department.

603.3.14 Existing Commercial, Industrial, and Multi-family developments (two units or more) originally constructed without backflow-reduced pressure devices, shall retrofit and install a backflow-reduced pressure device in conjunction with the issuance of any building or plumbing permit when the value of the work associated with the permit exceeds $2500.00. Approval of the type and location of the device shall be the responsibility of the City Public Works Department.

D.

Section 608.2, Excessive Water Pressure, is amended with a subsection added as follows:

608.2.1. For potable water services up to and including one and one half (1-1/2) inch (38.1 mm) regulators, provision shall be made to prevent pressure on the building side of the regulator from exceeding main supply pressure. Approved regulators with integral by-passes are acceptable.

As a result of excessive water pressures found within the City of El Paso de Robles, pressure regulators complying with 608.2 above shall be installed on all new construction, and on all remodels consisting of changes to, or increases of the floor space in excess of 50% of the existing gross square footage.

E.

Section 612, Residential Fire Sprinkler Systems, is amended with a subsection added as follows:

612.1.1. Passive purge fire sprinkler systems are a type of residential fire sprinkler system that serves a single toilet in addition to the fire sprinklers. The toilet shall be on a remote portion of the sprinkler system, or the system shall be designed as a loop so that the water moves through a majority of the fire sprinkler system piping when the toilet is flushed. Passive purge system non-metallic pipe and fittings shall be designed to withstand a working pressure of not less than 130 psi (8.9 bar) at 120 degrees (49C).

(Ord. No. 1133 N.S., § 2, 1-16-2024)

Building permit fees shall be as established in the city master fee schedule, as adopted by the city council.

(Ord. No. 1133 N.S., § 2, 1-16-2024)

Any person who violates any of the provisions of this chapter, or fails to comply with any order made thereunder, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor.

(Ord. No. 1133 N.S., § 2, 1-16-2024)