Chapter 7.46
EXISTING BUILDING CODE
Sections:
7.46.030 Adoption of Existing Building Code.
7.46.070 Chapter 1 Division II, Administration—Deleted.
7.46.080 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial Improvement.
7.46.090 Chapters 6 through 13—Deleted.
7.46.010 Title.
The building codes adopted by Section 7.46.030 and the provisions of this chapter shall constitute the Dublin Existing Building Code and may be referred to as such. (Ord. 13-22 § 11 (Exh. J))
7.46.020 Purpose.
The intent of this code is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to provide a reasonable level of safety, health, property protection and general welfare insofar as they are affected by the repair, alteration, change of occupancy, addition and relocation of existing buildings. The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. (Ord. 13-22 § 11 (Exh. J))
7.46.030 Adoption of Existing Building Code.
A. The 2022 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code Section 18901 et seq. (hereinafter referred to as the “state code”), and any rules and regulations promulgated pursuant thereto including the International Existing Building Code, 2021 Edition, including Appendix Chapter A, as published by the International Code Council, and as referenced in and adopted pursuant to California Health and Safety Code Sections 17922 and 18935 (hereinafter referred to as the “IEBC”), are hereby adopted and incorporated by reference herein.
The codes and standards referenced in this code shall be considered part of this code to the prescribed extent of each such reference. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Building, Mechanical, Plumbing, Housing, Fire or Energy Codes, the provisions of these codes as applicable, shall take precedence over the provisions in the referenced code or standard.
Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4 et seq. of the Government Code of the state of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city of Dublin.
B. Notwithstanding the provisions of subsection A of this section, the state code and the IEBC are amended as set forth in Sections 7.46.070 through 7.46.090. (Ord. 13-22 § 11 (Exh. J))
7.46.040 Scope.
A. The provisions of this code shall apply to repair, alteration, change of occupancy, addition to and relocation of existing buildings.
B. The permissive provision of this code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule, or regulation. If two (2) or more pertinent limitations are not identical, those limitations shall prevail which provide greater safety to life, health, property, or public welfare.
C. Where work regulated by this code is also regulated by the construction requirements for existing buildings in Chapter 11 of the fire code, such work shall comply with applicable requirements of both codes.
D. Buildings shall be made accessible to persons with disabilities as required by Title 24, California Code of Regulations. Whenever there is a conflict between the provisions of this code and Title 24, California Code of Regulations, with respect to the accessibility of buildings to persons with disabilities, the provisions of Title 24 shall prevail. (Ord. 13-22 § 11 (Exh. J))
7.46.050 Exceptions.
The provisions of this code shall not apply to detached one (1) and two (2) family dwellings and townhouses not more than three (3) stories above grade plane in height with a separate means of egress, and their accessory structures not more than three (3) stories above grade plane in height, shall comply with this code or the residential code. (Ord. 13-22 § 11 (Exh. J))
7.46.060 Applicability.
This code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings, regardless of occupancy, subject to the criteria of subsections A and B of this section.
A. Buildings Not Previously Occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the laws in existence at the time of its completion, shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the Building or Residential codes, as applicable, for new construction.
B. Buildings Previously Occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the fire code, or the building maintenance code, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. (Ord. 13-22 § 11 (Exh. J))
7.46.070 Chapter 1 Division II, Administration—Deleted.
Chapter 1 Division II is deleted. (Ord. 13-22 § 11 (Exh. J))
7.46.080 Section 202, Chapter 2, Definitions of Substantial Damage and Substantial Improvement.
The definitions of “Substantial Damage” and “Substantial Improvement” in Section 202 of the state code are amended to read as follows:
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. The term also includes flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any one or more or any combination of repair, reconstruction, rehabilitation, alterations, addition or other improvement of a building or structure taking place during a 10-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the 10-year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to January 1, 2023. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, included either:
4. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
5. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
(Ord. 13-22 § 11 (Exh. J))
7.46.090 Chapters 6 through 13—Deleted.
Chapters 6 through 13 are deleted. (Ord. 13-22 § 11 (Exh. J))