Chapter 15.08 BUILDING CODE*

Except as otherwise amended by this chapter and Chapter 15.04 CMC, the following model codes are hereby adopted and are incorporated in this chapter by reference and made a part hereof as if fully set forth herein:

A. 2022 California Building Code and Appendices;

B. 2022 California Historical Building Code;

C. 2022 California Existing Building Code;

D. 2022 California Residential Code;

E. 2022 California Plumbing Code;

F. 2022 California Electrical Code;

G. 2022 California Mechanical Code;

H. 2022 California Green Building Standards Code;

I. 2022 California Fire Code;

J. 2021 International Property Maintenance Code;

K. 2022 California Energy Code.

The Very High Fire Hazard Severity Zone Map, as transmitted to the City on November 18, 2008, by the Department of Forestry and Fire Protection, is also adopted as required by law. (Ord. 2022-04 § 2, 2022; Ord. 2020-01 § 1, 2020; Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.0).

15.08.020 Treatment of Abandoned Structures.

It is deemed necessary in cases where structures are abandoned as herein defined that they be abated in the interests of public health, safety and welfare, as provided in the International Property Maintenance Code as adopted by this chapter. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.2).

15.08.030 Moving Buildings.

Buildings or structures relocated or moved within the City limits shall comply with the requirements of a new building. Moved buildings shall be structurally certified by a licensed engineer prior to issuance of a certificate of occupancy by the Building Official. Any knob and tube wiring shall be replaced with approved cable or conduit. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.0).

15.08.040 Permit Fee for Residential Work.

A single permit, encompassing building, electrical, gas, plumbing, and mechanical work, shall be issued for all single-family residential work only when more than one trade is involved. The project valuation provided on the application shall be based on the valuation of all work, by all trades, involved in the project. This fee shall be according to Table 1-A. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.1).

15.08.050 Certificate of Occupancy.

A certificate of occupancy shall not be issued until the driveway, approach, planning, zoning and Fire Department requirements have been completed and approved by the respective City Departments concerned therewith and the building sewer connection work completed and approved by the Carmel Area Wastewater District. If the Building Official determines that the requirements of the code have not been met, s/he shall refuse to authorize occupancy. S/he may, however, in her/his discretion, allow occupancy upon the filing with the Building Official of written assurance that such requirements will be met within a specified period of time. The Building Official shall provide a written temporary certificate of occupancy that includes all stipulations related to occupancy approval as well as the specified time period in which to complete all work and receive a final approval for issuance of a certificate of occupancy. Violation of such written assurance or the stipulations contained in the temporary certificate of occupancy shall constitute a violation of this code. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.3).

15.08.060 Abandonment.

Abandonment of a building or structure shall be deemed to exist if such building or structure is so damaged by reason of deterioration, fire, flood, windstorm, earthquake, explosion, other catastrophe, or act of God that such structure is rendered unusable for, and is actually not being used for, any permitted use as it existed prior to such catastrophe, if such unusability and lack of use continues for four consecutive months. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.4).

15.08.070 Building Requirements.

General. Buildings or structures hereafter erected, constructed or moved within a commercial zone less than three feet from adjacent property lines or less than six feet from buildings on the same property, the exterior walls shall be of a minimum two-hour construction. (Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.5).

15.08.080 Openings in Exterior Walls.

“Openings in Exterior Walls,” opposite the following groups and commercial zones, “Not permitted less than 3 feet; Protected less than 6 feet.”

GROUP	OPENINGS IN EXTERIOR WALLS
A	Not Permitted Less Than 3', Protected Less Than 6'
E	Not Permitted Less Than 3', Protected Less Than 6'
I	Not Permitted Less Than 3', Protected Less Than 6'
B	Not Permitted Less Than 3', Protected Less Than 6'
M	Not Permitted Less Than 3', Protected Less Than 6'
R	Not Permitted Less Than 3'

For the purpose of this section “protected” openings shall mean listed safety glass in nonoperable windows; solid core one and three-quarter-inch or 20-minute-rated fire door, with self-closing and latching hardware unless a higher rating is required by other sections of this code.

Exception: For Group U garages in the R-1 land use zone serving a single-family dwelling where located less than three feet to property line doors may meet the requirements of the building code for fire doors between dwellings and garages. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.5).

15.08.090 Section 502 Deleted.

Repealed by Ord. 2008-02. (Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.6).

15.08.100 Toilet Facilities.

All eating and drinking establishments hereinafter established shall be provided with toilet and lavatory facilities, with hot and cold running water, in accordance with the California Plumbing Code; and such facilities shall be located within the premises and shall be for the exclusive use of the patrons and employees of the aforementioned businesses. Where the eating and drinking establishment has an occupant load of less than 50, a minimum of two single occupant toilet facilities shall be provided. All existing drinking and dining establishments hereafter enlarged in seating capacity, or when said establishments are repaired, remodeled or altered, the cost of which exceeds 10 percent of the assessed value of the building, shall become subject to the provisions of this section. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.7).

15.08.110 Smoke/Carbon Monoxide Alarms.

When there is a change in ownership of any Group R, Division 3 occupancy (dwellings and lodging houses), one or more smoke, carbon monoxide, or combination smoke/carbon monoxide alarms shall be installed in conformance with the requirements of the California Residential Code. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.8).

15.08.120 Roofing Materials.

For all buildings in the City, any new roof covering, or any roof covering in the event of reroofing of 25 percent or more of any existing roof, shall be of a fire-retardant material, or assembly that meets or exceeds Class A as defined in the building code, current edition. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 93-1 § 1, 1993; Ord. 92-11, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1122.9).

15.08.130 Automatic Fire Systems.

Automatic fire protection systems shall be designed, installed, and maintained in accordance with Chapter 9 of the California Building Code, and the California Fire Code as referenced in Chapter 15.55 CMC. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1122.10).

15.08.135 Retrofit Requirements for Residential Fire Sprinkler Systems.

Existing structures to which additions, alterations, or repairs are made that involve the addition, removal or replacement of 50 percent or greater of the linear length of the walls of the existing building (exterior plus interior, including but not limited to gypsum board, wall board, board and batten, siding, or stucco) within a five-year period shall be provided with an automatic residential fire sprinkler system in accordance with the California Building and Fire Codes. (Ord. 2022-04 § 2, 2022; Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.08.140 Section 904.2.2 Amended – Automatic Fire Systems.

Repealed by Ord. 2008-02. (Ord. 2003-03 § 2, 2003; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.11).

15.08.150 Compliance Responsibility.

The owner of the subject property or building shall be responsible for maintaining in force a contract with a licensed professional for maintenance of required fire protection systems on the owner’s premises. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 89-29 § 1, 1989; Code 1975 § 1122.11(a)).

15.08.160 Skylights.

All skylights installed in any fire rated roof within any commercial building or zoning district shall be laminated wire glass and shall be inoperable unless otherwise approved by the Building Official and/or Fire Code Official. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989).

15.08.170 Dumping and/or Disposal.

The dumping and/or disposal of all construction debris, demolition materials and/or all or any other materials considered as waste shall be done in accordance with current Federal, State, and County recycling laws and ordinances in effect at the time a permit is issued. It shall be unlawful for any person or corporation to dump or dispose of any dirt, fill, building materials or any debris onto any site, lot or thoroughfare, public or private, without prior written approval of the Building Official. Anyone violating this section shall be deemed guilty of an infraction. (Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.12).

15.08.180 Hours of Construction.

For projects requiring a building permit, the permitted hours of construction shall be from 8:00 a.m. to 6:30 p.m. Monday through Saturday, unless other specified hours are approved or required by the Building Official or the Director of the Department of Community Planning and Building. These hours apply in all land use districts. For the purpose of this section, the term “hours of construction” is defined as all times when builders, contractors, work crews or other persons associated with the project are present on the property and engaged in any Class B noise activities related to or including construction. (Ord. 2006-02 § 1, 2006; Ord. 89-29 § 1, 1989).

15.08.190 Parking During Construction.

The parking of construction vehicles in any posted time-limited zone is prohibited unless a construction parking permit has been issued by the City. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 89-29 § 1, 1989).

15.08.200 Grading.

All sites where grading and/or excavation is conducted shall adhere to the latest edition of the California Building Code. In addition, the following requirements shall be met:

A. When the fill or excavation exceeds 50 cubic yards a bond of $1,000 shall be obtained to ensure the public way and property is maintained clear and in a clean manner.

B. Tree protection, drainage and erosion controls shall be in place prior to, and during, all work. Should the grading not immediately precede any construction then these controls shall remain in place until completion of the project. (Ord. 89-29 § 1, 1989).

15.08.210 Use of Public Right-of-Way.

When at any time any construction interferes with the use of any portion of the public right-of-way, a temporary encroachment permit therefor shall first be obtained and all necessary protection devices shall be installed. Such devices shall include, but may not be limited to: barricades, pedestrian walkways, guardrails, signs, lighting, etc. Said permit shall be obtained from the Department of Community Planning and Building and shall be approved by the Community Planning and Building Department in conjunction with the Director of Public Works.

The fee for said permit shall be as established from time to time by resolution of the City Council. Temporary encroachment permits shall be limited in duration to 48 hours unless a longer time period is specifically approved by the Directors of Planning and Building and Public Works. Temporary encroachment permits shall not be issued to allow storage of construction materials and/or equipment in the public right-of-way unless it can be demonstrated that a significant hardship exists that prevents material storage elsewhere on the site. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 92-24, 1992)

15.08.220 Control of the Public Right-of-Way.

It shall be unlawful for any person, as defined in CMC 15.04.020, to regulate, either by signage or other control, any portion of the public right-of-way for personal use without first obtaining permission therefor from the Director of Public Works. Such signage or control includes, but is not limited to, “no parking” signs on or adjacent to the public right-of-way. Any unlawful signage or other control will be removed by the City, which will notify the owner of the adjacent property of the violation. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 96-1, 1996).

15.08.230 Surface Waters – Duties of Reasonable Care.

Repealed by Ord. 2020-01. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 96-1, 1996).

15.08.240 Temporary Portable Toilets.

It is the purpose and intent of this section to reduce visibility and impacts from the placement of temporary portable toilets on both public and private property. Temporary portable toilets shall not be placed in the public right-of-way without prior City approval. Temporary portable toilets may be located on private property in a place approved by the Building Official and shall be screened from public view at all times. Such screening shall comply with the conditions and requirements set forth by the Director of Planning and Building and/or the Building Official. (Ord. 96-1 § 1, 1996).

15.08.245 Site Plan.*

All applications for new, expanded, or relocated structures shall be accompanied by a site plan showing the locations of all property lines; easements; rights-of-way; structures on the site and on adjacent lots within six feet of the property line; locations of utility poles, pedestals and vaults; and locations of driveways and sidewalks. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

* Code reviser’s note: Ord. 2018-03 adds the provisions of this section as Section 15.08.240. The section has been editorially renumbered to prevent duplication of numbering.

15.08.250 Temporary (Construction) Fences.

Before a temporary (construction) fence may be installed, its design and location shall be approved by the Director of Planning and Building and/or the Building Official, who shall also determine the length of time such fence may remain installed. Such time period shall typically not exceed 12 months for projects in the R-1 district and 18 months for other districts. Fences required for longer durations, unusual projects or unusual designs may be referred to the Planning Commission for design review. (Ord. 96-1 § 1, 1996).

15.08.260 Exemption for Pending Applications.

The provisions of the 2022 Edition of the California Building Code, and appendices, the 2022 California Historical Building Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Electrical Code, the 2022 California Fire Code, the 2021 International Property Maintenance Code, the 2022 Existing Building Code, and the 2022 California Energy Code, as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2023. Such buildings or structures shall be erected, constructed, enlarged, altered, or repaired in accordance with the provisions of this chapter in effect at the date of said application. (Ord. 2022-04 § 2, 2022; Ord. 2020-01 § 1, 2020; Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013).

15.08.270 Amendments to the 2016 California Residential Code.

Repealed by Ord. 2020-01. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013).