Tiburon Municipal Code Art. II Technical Codes

Footnotes:

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Editor's note— Ord. No. 600 N.S, § 2, adopted November 16, 2022, amended Art. II in its entirety to read as herein set out. Former Art. II, §§ 13-4—13-4.11, pertained to similar subject matter, and derived from Ord. No. 547 N.S., § 2, adopted November 20, 2013; Ord. No. 566 N.S., § 2, adopted November 16, 2016; Ord. No. 586 N.S., § 2, adopted January 15, 2020.

For the purpose of establishing proper regulations for building construction, for the installation of plumbing, gas appliances and electrical systems, and for the storage and handling of flammable liquids, the codes or portions thereof set forth in this article are adopted and are made a part of this chapter by reference without further publication or posting thereof, and not less than one certified copy, along with the deletions and exceptions therefrom and additions and amendments thereto, shall be kept on file for use and examination by the public in the office of the town clerk.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2022 California Building Code (based on the 2021 International Building Code), Volume 1 and Volume 2, including the following appendices: Appendix J as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2, hereinafter referred to as the "California Building Code", save and except such portions as are hereinafter amended or modified by Section 13-4.1.1 of this chapter.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The 2022 California Building Code is amended to read as follows:

(a) Section 1.8.5.1 is amended to read as follows:

1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following:

(The remainder of this section is unchanged.)

(b) Section 1.8.8.1 is amended to add the following as an additional paragraph at the end of the existing section:

For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code.

(c) Chapter 1, Division II is modified as follows:

(1) Section 104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California."

(2) Section 105.2 is amended to delete subsections 2, 4, 5, 6 and 12, and to modify subsections 1 and 7 to read as follows:

1. Detached accessory structures used as playhouses or play structures provided that the structure:

a. Does not exceed one-hundred twenty (120) square feet in area and is portable (i.e., is not anchored or affixed in any way);

b. Does not exceed twelve (12) feet in height; and

c. Contains no plumbing, electricity or heating or cooling appliances.

d. Does not exceed one-story.

7. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and/or re-striping of parking lots shall require a permit.

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

Section 105.5 Expiration.

1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued.

2. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts.

3. If the project is not completed within the six (6) month extension allowed under subsection 2 above, or if the six (6) month extension was not provided under subsection 2, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and extension may be issued by the Building Official once a reactivation/extension Charge equal to one (1) times the original project construction permit fee is paid. A reactivation/extension charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph.

4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph.

5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay.

6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge.

(4) Section 109.2 is amended to read as follows:

109.2 Schedule of Fees.

On buildings, structures, electrical, gas, mechanical and plumbing system alterations requiring a permit, a fee for each permit shall be required as set forth in the Building Division Fee Schedule as adopted by resolution of the town council and amended from time to time.

(5) Section 109.4 is amended to read as follows:

109.4 Work commencing before permit issuance.

Any person who commences any work without a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty as set forth in the Town's Schedule of Fines, established by resolution of the town council and amended from time to time.

(6) Section 113.1 is amended to add the following as an additional paragraph at the end of the existing section:

For appeals of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code.

(d) Section 202. Definitions, is amended to change the definition of "Approved Agency" to read as follows:

[A] Approved Agency. An established and recognized agency that is regularly engaged in conducting tests, furnishing inspection services or furnishing product certification where such agency has been approved by the building official. Approval shall be based on the review of the agency's quality control manuals and standard operating procedures in accordance with ASTM E329-18.

[HCD1 & HCD 2] "Approved agency shall mean "Listing agency" and "Testing agency."

[DSA-SS, DSA-SS/CC] This term is synonymous with "laboratory of record" as referenced in section 4-335 of the California Administrative Code.

(e) Section 502.1 is amended to read as follows:

502.1 Address Numbers.

1. The following standards for address markings shall apply to residential buildings:

a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one-half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building.

b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex.

c. In multiple family dwelling complexes, any building having a sep-arate identifying factor other than the street number shall be clearly identified in the manner described in subsection (a). Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door.

d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification.

e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority.

f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section.

2. The following standards for address markings shall apply to commercial buildings:

a. The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street.

b. The numerals in these numbers shall be no less than six inches in height, one-half inch in width, and of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building.

c. When required by the Building Official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number height and width shall comply with Section 501.2.

(f) Section 903.2, first sentence, is amended to read as follows:

903.2 Where required.

Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control.

(g) Section 1015.2 is amended by adding the following as the last sentence of the paragraph before the listed exceptions:

Guards are also required at waterfront bulkheads, fixed piers and gangways.

(h) Section 1505 is amended to read as follows:

The roof covering on any structure regulated by this code shall be as specified in California Building Code Chapter 15 with the following conditions:

1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering.

2. Where alterations or repairs to existing roofs involve more than fifty (50) percent of the total area of an existing building within a one-year time period, the entire roof shall be retrofitted with at least a Class A-listed or noncombustible roof.

3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control.

(i) Appendix J "GRADING" is modified as follows:

(1) J103 "Permits Required" is amended, to add the following:

J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division Fee Schedule established by resolution of the town council as amended from time to time.

(2) J110 "Erosion Control" is amended, to add the following:

J110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or corporation who has a valid building, demolition or grading permit shall permit any mud, loose dirt or debris to be removed from the job site and deposited on any public street or sidewalk.

(j) Section 3110 Automatic Vehicular Gates is amended to read as follows:

3110.1 General. Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and 3110.3 and other applicable sections of this code. All other gates shall comply with Sections 3110.4 and other applicable sections of this code.

3110.2 Vehicular Gates Intended for Automation. Vehicular gates intended for automation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

3110.3 Vehicular Gate Openers. Vehicular gate openers, where provided, shall be listed in accordance with UL 325.

3110.4 All Other Gates. Any gate more than 48 inches (1219 mm) in width or more than 84 inches (2134 mm) in height shall meet the requirements of ASTM F1184, shall be installed per the manufacturer's recommendations, and shall be designed, constructed, and installed to meet all of the following:

1. Gate shall not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.

2. Gate shall be balanced and not move under the gate's own weight or by gravity.

3. Rolling wheels shall be covered.

4. Gate shall have positive stops.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022; Ord. No. 601 N.S, § 1, 5-3-2023)

The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public, that certain code known as the 2022 California Residential Code (based on the 2021 International Residential Code), including Appendices J and Q published by the International Code Council, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2.5, hereinafter referred to as the "California Residential Code," save and except such portions as are hereinafter amended or modified by Section 13-4.2.1 of this chapter.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The 2019 California Residential Code is amended as follows:

(a) Section 1.8.5.1 is amended to read as follows:

1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following:

(The remainder of this section is unchanged.)

(b) Section 1.8.8.1 is amended to delete the second paragraph and add the following paragraph to the end of the section:

For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code.

(c) Chapter 1, Division II is modified as follows:

(1) Section 104.6 is amended to add the following phrase to the end of the last sentence:

", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California."

(2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5, 9 and 10, and to modify subsections 1 and 6 to read as follows:

1. Detached accessory structures used as playhouses or play structures provided that the structure:

a. Does not exceed one-hundred twenty (120) square feet in area and is portable (i.e., is not anchored or affixed in any way);

b. Does not exceed twelve (12) feet in height; and

c. Contains no plumbing, electricity or heating or cooling appliances.

d. Does not exceed one-story.

6. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and/or re-striping of parking lots shall require a permit.

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

Section 105.5 Expiration.

1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued.

2. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts.

3. If the project is not completed within the six (6) month extension allowed under subsection 2 above or if the six (6) extension was not provided under subsection 2, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and extension may be issued by the Building Official once a reactivation/extension Charge equal to one (1) times the original project construction permit fee is paid. A reactivation/extension charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph.

4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph.

5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay.

6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge.

(d) Section R312.1.1 is amended by adding the following sentence at the end of this section:

"Guards are also required at waterfront bulkheads, fixed piers and gangways for these portions of open-sided walking surfaces only."

(e) Section R313.3.1, is amended to add the following to the beginning of the section, to read as follows:

R313.3.1 Where required.

Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control.

(The remainder of this section is unchanged)

(f) Section R319.1 is amended to read as follows:

R319.1 Address Numbers. The following standards for address markings shall apply to residential buildings:

a. All residential structures shall display a street number in a prominentposition so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one-half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building.

b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex.

c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. above. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door.

d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification.

e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority.

f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section.

(g) Section R905.1 is amended to read as follows:

R905.1 Roof covering application. The roof covering on any structure regulated by this code shall be as specified in California Residential Code Chapter 9 with the following conditions:

1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering.

2. Where alterations or repairs to existing roofs involve more than fifty percent of the total area of an existing building within a one-year time period, the entire roof shall be retrofitted with at least a Class A-listed or noncombustible roof.

3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2022 California Plumbing Code (based on the 2021 Uniform Plumbing Code), published by the International Association of Plumbing and Mechanical Officials, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 5, hereinafter referred to as the "California Plumbing Code", save and except such portions as are hereinafter amended or modified by Section 13-4.3.1 of this chapter.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The 2022 California Plumbing Code is amended as follows:

(a) Section 1.8.5.1 is amended to modify the first paragraph to read as follows:

Section 1.8.5.1 General.

Subject to the provisions of law, including Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code. For limitations and additional information regarding enforcement, see the following:

(The remainder of this section is unchanged)

(b) Section 1.8.8.1 is amended to delete the second paragraph and add the following paragraph to the end of the section:

For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code.

(c) Chapter 1, Division II is amended as follows:

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

These regulations shall be known as the California Plumbing Code, may be cited as such, and will be referred to herein as "this code".

(2) Section 103.1 is amended to add the following sentence at the end of the section to read as follows:

The term "AUTHORITY HAVING JURISDICTION" shall mean the Building Official or his duly authorized representative.

(4) Section 104.3 is amended to replace the existing first paragraph to read as follows:

104.3 Application. To obtain a permit, the applicant shall apply to the Authority Having Jurisdiction for that purpose. Every such application shall:

(The remainder of this section is unchanged.)

(5) Section 104.3.2 is amended to read as follows:

104.3.2 General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time.

(6) Section 104.5 is amended to read as follows:

104.5 Fees. Any person desiring a permit required by this code shall, at the time of issuance therefore, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time.

(7) Section 105.2.6 is amended to replace the fourth paragraph with the following:

To obtain re-inspection, the applicant shall first pay the re-inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time.

(8) Section 203.0 is amended to change the following definition to read as follows:

"AUTHORITY HAVING JURISDICTION". The Authority Having Jurisdiction shall mean the Building Official or his duly authorized representative.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022; Ord. No. 602 N.S, § 2, 5-3-2023; Ord. No. 613 N.S., §§ 3, 4, 9-3-2025)

The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2022 California Electrical Code (based on the National Electrical Code, 2020 Edition) as published by the National Fire Protection Association, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 3, hereinafter referred to as the "California Electrical Code", save and except such portions as are hereinafter amended or modified by Section 13-4.4.1 of this chapter.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The 2022 California Electrical Code is amended or modified as follows:

(a) Section 89.108.4.2 is amended to read as follows:

89.108.4.2 Fees. Any person desiring a permit required by this code shall, at the time of issuance thereof, pay a fee, which shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time.

(b) Section 89.108.5.1 is amended to modify the first sentence to read as follows:

Section 89.108.5.1 General.

Subject to other provisions of law, including Section 1822.50 et seq. of the Code of Civil Procedure of the State of California, officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code.

(The remainder of this section is unchanged.)

(c) Section 89.108.8.1 is amended by adding the following sentence thereto to the end of the section:

For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code.

(d) Article 100 is amended to change the following definition to read as follows:

Authority Having Jurisdiction (AHJ)—The Authority Having Jurisdiction shall mean the Building Official or his or her duly authorized representative.

(e) Section 210.12 (D) is amended as follows:

(D) Branch Circuit Extensions or Modifications - Dwelling Units, Dormitory units, and Guest Rooms and Guest Suites. The provisions of this section shall apply to existing dwelling units when electrical service panels or sub-panels are replaced or upgraded. In any of the areas specified in 210.12(A). (B) or (C) where branch circuit wiring is modified, replaced, or extended, the branch circuit shall be protected by one of the following:

(1) By any of the means described in 210.12(A)(1) through (A) (6).

(2) A listed branch-circuit-type AFCI located at the first receptacle outlet of the existing branch circuit.

Exception: AFCI protection shall not be required where the extension of the existing branch circuit conductors is not more than 1.8 m (6 ft) and does not include any additional outlets or devices, other than splicing devices. This measurement shall not include the conductors inside an enclosure, cabinet, or junction box.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2022 California Fire Code (as adopted and modified by the current Tiburon Fire Protection District and Southern Marin Fire Protection District ordinances), which Code and ordinances are hereby referred to, ratified, and made a part hereof as if fully set forth herein. Copies of said code and ordinances are on file and available for public inspection in the office of the town clerk.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the Uniform Housing Code (1997 Edition, as published by the International Conference of Building Officials), hereinafter referred to as the "Uniform Housing Code", save and except such portions as are hereinafter changed or modified by Section 13-4.6.1 of this chapter.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

(a) Section 103 is amended to revise the second sentence of the first paragraph to read as follows:

Such occupancies in existing buildings may be continued as provided by the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations, except such structures as are found to be substandard as defined by this code.

(b) Section 104.1 is amended to read as follows:

All buildings or structures that are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations.

(c) Section 201.1 is amended to revise the first paragraph to read as follows:

The Building Official and his designees are hereby authorized and directed to enforce all of the provisions of this code. For such purposes, such officials shall have the powers of law enforcement officers.

(d) Section 201.2 is amended to read as follows:

Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California.

(e) Section 203.1 is amended by adding the following sentence to the end of the section thereto:

For appeal of non-administrative provisions of the code, the housing advisory and appeals board shall be the Tiburon Building Code Appeals Board. If required by Health and Safety Code section 19957.5, the housing advisory and appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions of this code.

(f) Section 301 is amended to read as follows:

No building or structure regulated by this code shall be erected, constructed, enlarged altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained as required by the Building Code.

(g) Section 302 is deleted.

(h) Section 303 is amended to read as follows:

Buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official as provided by this code and in accordance with the applicable requirements of the Building Code.

(i) Section 401 is amended to add or change certain definitions as follows:

(1) The definition of "Building Code" in Section 401 is amended to read as follows:

BUILDING CODE is the California Building Code as adopted with amendments by the Town of Tiburon.

(2) A definition for "Building Official" is added to Section 401 to read as follows:

BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon.

(3) The definition of "Mechanical Code" in Section 401 is amended to read as follows:

MECHANICAL CODE is the California Mechanical Code as adopted with amendments by the Town of Tiburon.

(4) The definition of "Plumbing Code" in Section 401 is amended to read as follows:

PLUMBING CODE is the California Plumbing Code as adopted with amendments by the Town of Tiburon.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2022 California Mechanical Code (based on the Uniform Mechanical Code, 2021 Edition) as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 4, hereinafter referred to as the "California Mechanical Code", save and except such portions as are hereinafter amended or modified by Section 13-4.7.1 of this chapter.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The 2022 California Mechanical Code is amended as follows:

(a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding the following sentence to the end of the section thereto:

For appeal of non-administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code.

(b) Chapter 1, Division II is amended as follows:

Section 101.1 is amended to read as follows:

These regulations shall be known as the California Mechanical Code, may be cited as such, and will be referred to herein as "this code".

(c) Section 104.3.2 is amended to read as follows:

104.3.2 General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time.

(d) Section 104.5 is amended to read as follows:

104.5 Fees. Any person desiring a permit required by this code shall, at the time of issuance for the permit, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time.

(e) Section 105.2.6 is amended to replace the third paragraph with the following:

To obtain re-inspection, the applicant shall first pay the re-inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time.

(f) Section 107.1 is amended by adding the following to the end of the existing section thereto:

For appeal of non-administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code.

(g) Section 203.0 is amended to change the following definition as follows:

The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as follows:

AUTHORITY HAVING JURISDICTION — The Authority Having Jurisdiction shall mean the Building Official or his duly authorized representative.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022; Ord. No. 602 N.S, § 2, 5-3-2023; Ord. No. 613 N.S., § § 3, 4, 9-3-2025)

The Dangerous Building Code of the Town shall be the Uniform Code for the Abatement of Dangerous Buildings (1997 edition, as published by the International Conference of Building Officials), on file with the office of the Town Clerk, which Code is hereby referred to, adopted and made a part hereof as if fully set forth herein, save and except such portions as are hereinafter amended or modified by Section 13-4.8.1 of this chapter.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The 1997 Uniform Code for the Abatement of Dangerous Buildings is amended as follows:

(a) Section 103 is amended to read as follows:

All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations.

(b) Section 201.3 is amended to read as follows:

Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California.

(c) Section 204 is amended to read as follows:

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official as provided in this code and in accordance with the applicable requirements of the Building Code.

(d) Section 205.1 is amended by adding the following sentence to the end of that section thereto:

For appeal of non-administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions of this code.

(e) Section 301 is amended to change certain definitions as follows:

(1) The definition of "Building Code" is amended to read as follows:

BUILDING CODE is the California Building Code as adopted with amendments by the Town of Tiburon.

(2) A definition of "Building Official" is added to read as follows:

BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The Town Council hereby adopts, for the purpose of providing minimum requirements to enhance the public health and welfare and assure that residential and commercial development is consistent with the Town's desire to create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of buildings and appurtenant development, that certain code known as the California Green Building Standards Code, 2022 edition (also known as the 2021 CALGreen Code) as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 11, herein referred to as the "CALGreen Code," save and except such portions as are hereinafter amended or modified by Section 13-4.9.1 of this chapter.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The California Green Building Standards Code is amended as follows:

(a) For new residential construction only (not including additions), the Town Council hereby adopts as mandatory measures the following otherwise voluntary divisions of Appendix A4:

1. Division A4.1 (Planning & Design);

2. Division A4.3 (Water Efficiency & Conservation);

3. Division A4.4 (Material Conservation and Resource Efficiency);

4. Division A4.5 (Environmental Quality); and

5. Division A4.6 (Tier 1 & Tier 2), deleting all Tier 2 measures.

(b) For new nonresidential construction only (not including additions), the Town Council hereby adopts as mandatory measures the following otherwise voluntary divisions of Appendix A5:

1. Division A5.1 (Planning & Design);

2. Division A5.3 (Water Efficiency & Conservation);

3. Division A5.4 (Material Conservation and Resource Efficiency);

4. Division A5.5 (Environmental Quality); and

5. Division A5.6 (Tier 1 & Tier 2), deleting all Tier 2 measures.

(c) Section 202 of Chapter 2 is hereby amended to add, revise or delete the following definitions:

Automatic Load Management System (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE) circuits or panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208.240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:

i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.

ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

Electric Vehicle Charging Station (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

Level 2 (L2) EV Capable. A parking space provided with electrical infrastructure that meets the following requirements:

i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.

ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions should otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.

iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protection device spaces(s) for EV charging, labeled in the panel directory as "EV CAPABLE."

iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

v. The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating the space is EV Capable.

Level 1 (L1) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:

i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.

ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.

iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240, 40- ampere) at each parking space.

Level 2 (L2) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:

i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.

ii. A receptacle labeled "Electric Vehicle Outlet", or electric vehicle supply requirement located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

Low Power Level 2 (L2) EV Ready. A parking space that is served by a complete electric circuit with the following requirements:

i. A minimum of 4.1 kVa (208/240 volt, 20-ampere) capacity wiring.

ii. A receptacle labeled "Electric Vehicle Outlet", or electric vehicle supply requirement located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.

iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.

Low Power Level 2 Electric Vehicle (EV) Charging Receptacle is deleted.

(d) Section 4.106.4.1 is replaced to read as follows:

4.106.4.1 One- and two-family dwellings and town-houses. For each new dwelling unit or when alterations to an existing building include upgrades the service panel, the project shall install a list raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

4.106.4.2.2 Additions and alterations to multifamily dwellings and parking facilities. When additions or alterations to existing buildings upgrade the service panel, when the parking lot surface is modified, including the removal of paving material and curbing, or when parking spaces are added, the project shall comply with section A4.106.8.2.1 to facilitate the installation and use of EV ready spaces.

(e) Subsection A5.106.5.3.3 is added to Section A5.106.5.3 to read as follows:

A5.106.5.3.3 Additions and alterations to nonresidential occupancies and parking facilities. When additions or alterations to existing buildings upgrade the service panel, when the parking lot surface is modified, including the removal of paving material and curbing, or when parking spaces are added, the project shall comply with 5.106.5.3 to facilitate the installation and use of EV ready spaces. CALGREEN MANDATORY

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022; Ord. No. 602 N.S, § 2, 5-3-2023; Ord. No. 613 N.S., §§ 3, 4, 9-3-2025)

The Energy Code of the Town shall be the California Energy Code, 2022 edition, and the appendices thereof, as published by the California Building Standards Commission, on file with the office of the Town Clerk, which Code and appendices are hereby referred to, adopted and made a part hereof as if fully set forth herein.

(Ord. No. 586 N.S., § 2, 1-15-2020; Ord. No. 600 N.S, § 2, 11-16-2022)

The 2022 Energy Code is amended as follows:

(a) Section 100.0 of Subchapter 1 is amended to add new section (i) as follows:

(i) Single-Family Building Remodel Energy Reach Code. In addition to all requirements of the California Energy Code applicable to existing single-family building additions and alterations, the energy efficiency and renewable energy measures specified in Section 150.0(w) shall be required for additions or alterations to an existing single-family residential mixed-fuel building which equal or exceed 500 square feet of interior conditioned space.

[he] property lines of the premises connected to a gas meter or propane tank.

(b) Section 150.0 SINGLE-FAMILY RESIDENTIAL BUILDINGS - MANDATORY FEATURES AND DEVICES, first two paragraphs are modified to read as follows:

Existing single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150(v), and additions or alterations to an existing single-family residential building which equal or exceed 750 square feet of interior conditioned space, other than projects identified as all-electric construction for newly constructed buildings shall comply with the applicable requirements of Section 150.0(w).

NOTE: The requirements of Sections 150.0(a) through 150(v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(v) also apply to additions or alterations, except that additions or alterations to an existing single-family residential building which equal or exceed 500 square feet of interior conditioned space, other than projects identified as all-electric construction for newly constructed buildings shall also be required to comply with Section 150.0(w).

(c) Section 150.0(w) is added to read as follows:

(w) Additions or alterations to an existing single-family residential building which equal or exceed 500 square feet of interior conditioned space that includes an electrical panel upgrade, a kitchen remodel or a laundry room remodel shall choose to incorporate a measure or a combination of measures set forth in Table 1 that add up to a minimum target score of 6 points, except as otherwise described below. Unless otherwise specified, the requirements shall apply to the entire dwelling unit, not just the additional or altered portion. Measures in Table 1 that already exist in the home upon filing of the application for building permit may be counted towards compliance with these requirements unless indicated as mandatory or otherwise specified in Table 1.

(i) Projects that are limited solely to a newly created attached Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Unit (JADU) as defined in §16-52.100 of the Tiburon Municipal Code. A newly created ADU and JADU shall include either additions or conversions of existing space.

(ii) Mobile Homes, Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety 12 Code (commencing with section 17000 of the Health and Safety Code).

(iii) If due to conditions specific to the project, it is technically or economically infeasible to achieve compliance, the building official may reduce the Target Score and/or waive some or all of the mandatory requirements.

(iv) If the applicant demonstrates that the Energy Budget of the proposed building, as calculated under Section 150.1(b), would be less than or equal to the Energy Budget of the building if it otherwise complied with this Section, 150.0(w).

(v) A resident owner or occupant demonstrates that they qualify for the California Alternative Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) program may comply by installing the following measures from Table 1:

(a) E1: Lighting Measures; and

(b) E2: Water Heating Package

TABLE 1: Energy and Electrification Menu of Measures

(Ord. No. 602 N.S, § 2, 5-3-2023; Ord. No. 613 N.S., § § 3, 4, 9-3-2025)