Article 2 — ADDITIONS, DELETIONS, AND AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODE

Sec. C3-2. - Additions, deletions, and amendments.

Additions, deletions, and amendments to the CBC are as set forth in this article.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-3. - Chapter 1 Division II adopted and amended.

Chapter 1 Division II of the CBC is adopted and amended to read as follows:

(a)

Section 101.1 (Title) is amended to read as follows:

101.1. Title. These regulations shall be known as County of Santa Clara Building Code, hereinafter referred to as "this code."

(b)

Section 103.1 (Creation of enforcement agency) is amended to read as follows:

103.1. Creation of enforcement agency. The Building Department is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

(c)

Section 103.3 (Deputies) is amended to read as follows:

103.3. Deputies. In accordance with the required procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plans examiners, and other employees. Such employees shall have powers as delegated by the building official.

(d)

Section 105.2 (Work exempt from permit) is amended to add the following text to item 1 and after item 13:

1.

One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m[2 ] ). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

Exception: Detached accessory structures used for sheltering livestock are only exempted from permit requirements if they do not exceed 144 square feet.

14.

Temporary (see CBC Section 3103.1) platforms intended for the use of less than 10 people and less than 30 inches above the ground.

15.

Readily removable plastic covered hoop structures without in-ground footings or foundations that are not more than 12 feet in height.

(e)

Section 105.3.2 (Time limitation of application) is amended to read as follows:

105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. The application authorized by the building official to extend beyond the three years from the original date of filing shall be required to comply with the then current code at the time the building official extends the application beyond three years.

(f)

Section 105.5 (Expiration) is amended to read as follows:

105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. When an extension in time is approved by the building official no subsequent extension in time shall be approved unless work has continued and inspections have been approved during the time period of the previous extension. The extension shall be requested in writing and justifiable cause demonstrated.

(g)

Section 109.1 (Payment of fees) is amended to read as follows:

109.1. Payment of Fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

Plan Review Fee - A plan review fee, in an amount established by resolution of the Board of Supervisors, shall be paid when plans or documents are required to be submitted.

Building Permit Fee - A building permit fee, in an amount established by resolution of the Board of Supervisors, shall be paid for building inspectors prior to issuing a building permit.

Investigation Fee - An investigation fee, in an amount established by resolution of the Board of Supervisors, shall be paid for any building or structure that is constructed, altered, demolished, or has a change of occupancy without first obtaining the required building permits. This fee shall be in addition to any other fees required to review plans or issue any building permits for the building or structure.

(h)

Section 111.2 (Certificate issued) is amended to modify item 5, delete item 6, and to read as follows:

111.2. Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department, the building official shall issue a certificate of occupancy that contains the following:

1.

The permit number.

2.

The address of the structure.

3.

The name and address of the owner or the owner's authorized agent.

4.

A description of that portion of the structure for which the certificate is issued.

5.

A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. Final inspection approval on the building inspection permit card shall constitute this statement.

6.

The edition of the code under which the permit was issued.

The use and occupancy, in accordance with the provisions of Chapter 3.

8.

The type of construction as defined in Chapter 6.

9.

The design occupant load.

10.

Where an automatic sprinkler system is provided, whether the sprinkler system is required.

11.

Any special stipulations and conditions of the building permit.

The final approval of the Development Services Office on the building permit inspection card shall serve as the certificate of occupancy.

(i)

Section 113.1 (General) 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 in connection with the application for a permit, there shall be and is hereby created a board of appeals as set forth in Division C2 of the Ordinance Code. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. Any appeal of the building official's determination that a violation of this code exists or of an associated notice or penalty related to that violation shall be made pursuant to County Ordinance Code Division A37.

(j)

A new section, Section 114.1.1 (Buildings, structures, or equipment built, modified or altered), is added to read as follows:

114.1.1. Buildings, structures, or equipment built, modified, or altered. It shall be unlawful for any person to use, occupy, or maintain any structure or equipment, or portions thereof, regulated by this code that was erected, constructed, altered, extended, repaired, or moved in conflict with or in violation of any of the provisions of this code.

(k)

A new section, Section 114.1.2 (Expired or suspended permits), is added to read as follows:

114.1.2. Expired or suspended permits. It shall be unlawful for any person to maintain any building, structure, or equipment, or portion thereof, regulated by this code if permits required by this code are

expired or suspended without final inspection approval and no application by the permittee has been made to obtain new permits to complete the work authorized under the expired permit or to reinstate the suspended permit within 180 days of the expiration or suspension.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-4. - Appendix C of 2021 IBC adopted and amended.

Appendix C (Group U - Agricultural Buildings) of the 2021 IBC is adopted with the following amendments:

(a)

A new section, Section C105 (Building Permit Exemption), is added to read as follows:

C105. Building Permit Exemption.

C105.1. Scope. Any agricultural building less than 10,000 square feet in total area and located on a lot of 10 acres or more, and that is designed, constructed, or used to house or store farm implements, hay, grain, poultry, livestock, or other horticultural products, shall be exempt from obtaining a building permit, but shall be required to obtain a Certificate of Agricultural Exemption in accordance with sections C105.2 through C105.6. This exemption from obtaining a building permit shall not be construed as authorization to perform any work in any manner that violates the provisions of the County Building Code, County Plumbing Code, County Electrical Code, County Mechanical Code, or any other County ordinances, codes, or standards. This exemption shall not apply to lots located in an area designated a Wildland Urban Interface Area or by the Federal Emergency Management Agency as a Special Flood Hazard Area. If such agricultural use ceases, this exemption automatically expires by operation of law.

Every agricultural building exempt from obtaining a building permit under this section shall be subject to periodic onsite inspections to ensure continued compliance with the limited agricultural uses set forth herein.

Failure to comply with the limited agricultural uses of the building is a violation of this code.

Any agricultural building requiring plumbing, heating, or electrical services shall obtain the necessary plumbing, mechanical, and electrical permits in compliance with this code, the County Plumbing Code, the County Mechanical Code, the County Electrical Code, and any other applicable County ordinances.

Agricultural buildings shall be subject to all other applicable provisions of the Ordinance Code, including, but not limited to, the County Fire Code, Grading and Drainage Ordinance, Zoning Ordinance, and the floodplain management regulations, regardless of the size of the lot upon which the building is located. An agricultural building exempt from obtaining a building permit and located within 100 feet of either a countyor city- designated scenic road shall be subject to design review procedures, as provided in the Zoning Ordinance.

C105.2. Application and fee. An agricultural exemption application and supporting documents shall be submitted for review to the Planning Office. A fee, in an amount established by resolution of the Board of Supervisors, shall be paid when the application is submitted for review.

C105.3. Application referrals. The application and supporting documents shall be reviewed by the Planning Office, Fire Marshal, Department of Environmental Health, Land Development Engineering, Roads and Airport Department, and Building Inspection Office for compliance with all applicable County ordinances and policies. At the discretion of the Planning Office, referrals may be made to other agencies on the basis of health and safety. The Planning Office shall make the final decision based on the request for agricultural exemption.

of Environmental Health, Land Development Engineering, Roads and Airport Department, and Building Inspection Office for compliance with all applicable County ordinances and policies. At the discretion of the Planning Office, referrals may be made to other agencies on the basis of health and safety. The Planning Office shall make the final decision based on the request for agricultural exemption.

C105.4. Appeal to the Board of Supervisors. Any person dissatisfied with the Planning Office's determination rejecting a request for an agricultural exemption may file an appeal in writing with the Clerk of the Board of Supervisors within 15 calendar days after the final decision of the Planning Office. Appeals shall be filed at the County Planning Office and shall include a non-refundable fee in an amount established by resolution of the Board of Supervisors. The Planning Office shall transmit to the Board of Supervisors all maps, records, papers, and files which constitute the record in the action in which the appeal was taken. The Board shall hear the matter de novo and approve, disapprove, or modify the decision of the Planning Office. The decision of the Board of Supervisors shall be final. If the final determination is to not grant an agricultural exemption, the applicant may apply for a building permit.

C105.5. Issuance of exemption. If the final determination to grant an agricultural exemption is made, the Planning Office shall prepare a deed restriction which will provide notice to future property owners of the limited uses and restrictions of the building or structure. The current property owners shall sign the deed restriction and record it with the County Clerk-Recorder and pay any recording fees. After confirming that the deed restriction has been recorded, the Planning Office shall issue a Certificate of Agricultural Exemption to the applicant. After completion of the agricultural exempt building the owner shall notify the Planning Office.

If construction of the agricultural exempt structure is not completed within 12 months from the issuance of the Certificate of Agricultural Exemption, the Certificate of Agricultural Exemption shall expire. If the building or structure is not completed within 12 months of the issuance of the Certificate of Agricultural Exemption, or is demolished or converted to another use pursuant to a building permit, a Notice of Rescission of the deed restriction shall be prepared by the Planning Office and provided to the property owner, to record with the County Clerk-Recorder.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-5. - Chapter 7A amendments.

Chapter 7A of the CBC is adopted with the following amendments.

(a)

Section 701A.3 (Application) is amended to read as follows:

701A.3. Application. New buildings, and additions to buildings which were constructed on or after July 1, 2008, that are located in any Fire Hazard Severity Zone or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.

Exceptions:

Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building (see Section 702A).

2.

Buildings of an accessory character classified as Group U occupancy of any size located at least 50 feet from an applicable building.

3.

Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C - Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

4.

Additions to and remodels of buildings originally constructed prior to July 1, 2008.

5.

Group C, special buildings conforming to the limitations specified in Section 450.4.1.

(b)

Section 707A.10 (Underfloor appendages) is amended to read as follows:

707A.10. Underfloor appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter, or the underside of the exposed underfloor shall be protected by one or more of the following:

1.

Noncombustible material.

2.

Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section 704A.2.

3.

Fire-retardant-treated wood. The fire-retardant treated wood shall be labeled for exterior use and shall meet the requirements of Section 2303.2.

4.

Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side, as tested in accordance with ASTM El I9 or UL 263.

One layer of ⅝-inch (15.9 mm) Type X gypsum sheathing applied behind the exterior covering on the underside of the appendage projection.

6.

The exterior portion of a 1-hour fire-resistance-rated exterior assembly, as tested in accordance with ASTM E119 or UL 263, applied to the underside of the appendage, including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual.

7.

The underside of an appendage assembly that meets the performance criteria in Section 707A.11 when tested in accordance with the test procedures set forth in ASTM E2957.

8.

The underside of an appendage assembly that meets the performance criteria in accordance with the test procedures set forth in SFM Standard 12-7A-3.

Exception to Section 707A.10: Structural columns and beams do not require protection when constructed with sawn lumber or glue laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or glue-laminated planks shall be splined, tongue-and-groove, or set close together and well spiked.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-6. - Chapter 9 amendments.

Chapter 9 of the CBC is adopted with the following amendments:

(a)

Section 903.2 (Where required) is amended to read as follows:

903.2. Where required. Approved automatic sprinkler systems in new buildings and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12—whichever is more restrictive—and Sections 903.2.14 through 903.2.21.

For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the CBC and shall be without openings or penetrations.

1.

An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, unless the building or structure meets an exception below.

Exceptions:

A.

Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.

B.

Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.

C.

Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following:

i.

Noncombustible construction.

ii.

Maximum 5,000 square feet in building area.

iii.

Structure is open on not less than three (3) sides or 75% of structure perimeter.

iv.

Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with CBC Section 706.

D.

Canopies, constructed in accordance with CBC Section 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC Section 406.7.1 and not exceeding 5,000 square feet of fire area.

2.

An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.

Exception: Accessory Dwelling Unit, provided that all of the following are met:

A.

The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2, as amended.

B.

The existing primary residence does not have automatic fire sprinklers.

C.

The accessory dwelling unit does not exceed 1,200 square feet in size.

D.

The unit is on the same lot as the primary residence.

E.

The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

3.

An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.

4.

An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.

Exception: Additions where all of the following are met:

A.

Building addition does not exceed 500 square feet in size.

B.

The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

5.

An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S, and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or where any of the conditions described in Sections 903.2.1 through 903.2.18 exist.

6.

Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the County Fire Marshal or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety[1 ] or increased fire risk,[2 ] shall require the installation of an approved fire automatic fire sprinkler system.

1

Life Safety - Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities housing nonambulatory clients.

2

Fire Risks - Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids, and open flames).

(b)

A new section, Section 903.2.11.7 (Chemical Fume Hood Fire Protection) has been added to read as follows:

903.2.11.7. Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:

1.

Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled.

2.

If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.

(c)

Section 907.8 (Inspection, testing and maintenance) has been amended to read as follows:

907.8. Inspection, testing and maintenance. The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 of the California Fire Code and NFPA 72. Records of inspection, testing, and maintenance shall be documented using NFPA 72 record of inspection and testing forms.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-7. - Chapter 10 amendments.

Chapter 10 of the CBC is adopted with the following amendments:

(a)

A new section, Section 1015.9 (Roof guardrails at interior courts), is added to read as follows:

1015.9. Roof guardrails at interior courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-8. - Chapter 15 amendments.

Chapter 15 of the CBC is adopted with the following amendments:

(a)

A new section, Section 1505.1.4.1 (Roofing coverings within the Wildland-Urban Interface Fire Area), is added to read as follows:

1505.1.4.1. Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every new structure and/or every existing structure within the Wildland-Urban Interface Fire Area (see Chapter 7A of the CBC) where more than 50% of the total roof area is replaced within any one-year period, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A regardless of severity zone.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-9. - Chapter 17 amendments.

Chapter 17 of the CBC is adopted with the following amendments:

(a)

Section 1705.18 (Fire-resistant penetrations and joints) is amended as follows:

1705.18. Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk Category III or IV, in fire areas containing Group R occupancies with an occupant load greater than 100, and in other occupancies as determined necessary by the building official in consultation with the County Fire Marshal, special inspections for through-penetrations, membrane penetration firestops, fire-resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with Section 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall in accordance with Section 1705.18.1 or 1750.18.2.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-10. - Chapter 19 amendments.

Chapter 19 of the CBC is adopted with the following amendments:

(a)

Section 1905.1.7 (ACI 318, Section 14.1.4) is amended to modify Item 14.1.4.1 to read as follows:

14.1.4.1. ACI 318, Section 14.1.4. Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete, except as follows:

•

Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

In detached one- and two-family dwellings three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness. Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. For footings that exceed 8 inches (203 mm) in thickness, a minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

st two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. For footings that exceed 8 inches (203 mm) in thickness, a minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exceptions: Detached one- and two-family dwellings 3 stories or less in height and constructed with stud bearing walls, are permitted to have plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 having a total area of less than 0.002 times the gross crosssectional area of the footing.

(Ord. No. NS-1100.136, § 4, 12-13-22)

Sec. C3-11. - Chapter 33 amendments.

Chapter 33 of the CBC is adopted with the following amendments:

(a)

Section 3310.1 (Stairways required) is deleted in its entirety and replaced with the following:

3310.1. Stairways required. Each level above the first story in multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.

Exception: For multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).

(b)

A new section, Section 3310.3 (Required means of egress), is added to read as follows:

3310.3. Required means of egress. All new buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in the written fire safety plan as required by Section 3303.1.

(Ord. No. NS-1100.136, § 4, 12-13-22)

CHAPTER II. - COUNTY RESIDENTIAL CODE[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Sec. 5 of Ord. No. NS-1100.136, adopted December 13, 2022, amended Ch. II in its entirety to read as herein set out. Former Ch. II pertained to the same subject matter and derived from Sec. 3 of Ord. No. NS-1100.131, adopted December 13, 2019.

ARTICLE 1. - INCORPORATION BY REFERENCE

Sec. C3-20. - 2022 California Residential Code adopted.

The County Residential Code is the 2022 California Residential Code ("CRC") as modified by the additions, deletions, and amendments set forth in this chapter. The CRC is the 2021 International Residential Code as modified by the California Building Standards Commission.

(Ord. No. NS-1100.136, § 5, 12-13-22)

ARTICLE 2. - ADDITIONS, DELETIONS AND AMENDMENTS TO THE 2022 CALIFORNIA RESIDENTIAL CODE

Sec. C3-21. - Additions, deletions, and amendments.

Additions, deletions, and amendments to the CRC are as set forth in this article.

(Ord. No. NS-1100.136, § 5, 12-13-22)

Sec. C3-22. - Chapter 1 Division II adopted and amended.