Rancho Santa Margarita Municipal Code Ch. 10.03 Amendments to California Building Code

Footnotes:

--- (3) ---

Editor's note— Ord. No. 16-06, § 4, adopted Oct. 26, 2016, repealed the former Ch. 10.03, §§ 10.03.010—10.03.130, and enacted a new Ch. 10.03 as set out herein. The former Ch. 10.03 pertained to similar subject matter and derived from Ord. No. 13-03, § 4, adopted Dec. 11, 2013.

(a) Section 104.8 is amended by adding a sentence to the end of the paragraph to read as follows:

104.8. Liability. The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representative are acting under contract as agents of this jurisdiction.

(Ord. No. 16-06, § 4, 10-26-2016; Ord. No. 19-06, § 3, 11-13-2019; Ord. No. 22-01, § 3, 11-9-2022; Ord. No. 25-05, § 3, 10-8-2025)

(b) Section 105.2 is amended by revising "Building" exemption 2 to read as follows:

2. Fences not over 6 feet (2134 mm) high.

(Ord. No. 16-06, § 4, 10-26-2016; Ord. No. 19-06, § 3, 11-13-2019; Ord. No. 22-01, § 3, 11-9-2022; Ord. No. 25-05, § 3, 10-8-2025)

(a) Section 113.1 is amended to read as follows:

113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Any decision of the board of appeals may be appealed to City Council pursuant to Section 9.08.100 of the Rancho Santa Margarita Municipal Code.

The board of appeals shall consist of five members, composed of the Planning Commission. Said members shall hold their respective membership on said board of appeals by reason of, and concurrently with their terms of service as Planning Commission members and shall cease to be such members upon their ceasing to be Planning Commission members. The building official shall be the secretary of the board. The board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters in writing to the building official, with duplicative copy thereof to any appellant or contestant affected by any such decision of finding.

Three members of the board shall constitute a quorum. The Planning Commission Chair shall be the presiding officer of the board. Meetings shall be conducted in accordance with the Brown Act.

The board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the applicant, such qualified individuals as the board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions.

(b) Section 113.3 is deleted in its entirety without replacement.

(Ord. No. 16-06, § 4, 10-26-2016; Ord. No. 19-06, § 3, 11-13-2019; Ord. No. 22-01, § 3, 11-9-2022; Ord. No. 25-05, § 3, 10-8-2025)

(a) Section 903.2 is amended to read as follows:

903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m 2 ) as defined in the CBC 202, regardless of fire areas or allowable area, or more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:

a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet (465 m 2 ) as defined in Section 202; or

b. When an addition exceeds 2,000 square feet (186 m 2 ) and the resulting building area exceeds 5,000 square feet (465 m 2 ) as defined in Section 202; or

c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Group R-3 occupancies shall comply with Section 903.2.8.

(b) Section 903.2.8 is amended to read as follows:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R occupancy as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

a. When the floor area of alterations or additions within any two-year period exceeds 50 percent of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:

b. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

c. When the existing building is already provided with automatic sprinklers.

Exceptions:

1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).

(Ord. No. 16-06, § 4, 10-26-2016; Ord. No. 19-06, § 3, 11-13-2019; Ord. No. 22-01, § 3, 11-9-2022; Ord. No. 25-05, § 3, 10-8-2025)

(a) Table 1505.1 is amended to read as follows:

TABLE 1505.1 a MINIMUM ROOF COVERING CLASSIFICATIONS TYPES OF CONSTRUCTION

For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m 2 .

a. Unless otherwise required in accordance with the California Wildland-Urban Interface Code.

(Ord. No. 16-06, § 4, 10-26-2016; Ord. No. 19-06, § 3, 11-13-2019; Ord. No. 22-01, § 3, 11-9-2022; Ord. No. 25-05, § 3, 10-8-2025)

(a) Section 3109.2 California swimming pool safety act (statewide) of the California Building Code is hereby amended to read as follows:

115922 (a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa, at a private, single-family home the respective swimming pool or spa shall be equipped with item #1, or item #3. And at least one additional of the following six drowning prevention safety features:

1. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the single-family structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in item #4 or #5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature.

2. Removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. The mesh fencing setback shall be not less than 20 inches from the water's edge.

3. An approved safety pool cover, as defined in subdivision (d) of Section 115921.

4. Exit alarms on the private single-family home's doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as repeating notification that "the door to the pool is open."

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372mm) above the floor on the private single-family home's doors providing direct access to the pool or spa.

6. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Specification for Residential Pool Alarms" which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning safety prevention feature.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASME).

Prior to the issuance of any final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention devices required by this act and if no violations are found, shall give final approval.

(Ord. No. 16-06, § 4, 10-26-2016; Ord. No. 19-06, § 3, 11-13-2019; Ord. No. 22-01, § 3, 11-9-2022; Ord. No. 25-05, § 3, 10-8-2025)

(a) Appendices are not adopted unless listed below:

Appendix B

Appendix I

(Ord. No. 25-05, § 3, 10-8-2025)