Chapter 15.02
BUILDING CODE
Sections:
15.02.010 Adoption.
15.02.020 Citation.
15.02.030 Section 104.1, Chapter 1, Division 2 amended—Duties and powers.
15.02.040 Section 104.6, Chapter 1, Division 2 amended—Right of entry.
15.02.050 Section 105.1, Chapter 1, Division 2 amended—Permits.
15.02.060 Section 105.2, Chapter 1, Division 2 amended—Permits.
15.02.070 Section 105.3.1, Chapter 1, Division 2 amended—Action on application for permit.
15.02.080 Section 105.5 amended—Expiration.
15.02.090 Section 107, Chapter 1, Division 2 amended—Construction documents.
15.02.100 Section 109, Chapter 1, Division 2 amended—Fees.
15.02.110 Section 110, Chapter 1, Division 2 amended—Inspections.
15.02.120 Section 113, Chapter 1, Division 2 amended—Means of appeals.
15.02.130 Section 114, Chapter 1, Division 2 amended—Violations.
15.02.140 Section 1404.2 amended—Weather protection.
15.02.150 Section 1505 amended—General.
15.02.160 Section 1611.2 amended—Ponding instability.
15.02.170 Section 1803.2 amended— Investigations required.
15.02.180 Section 1803.6 amended—Reporting.
15.02.190 Section 1807.1 amended—Foundation walls.
15.02.200 Section 1907 added—Concrete slabs.
15.02.210 Section 3109.1 amended—General.
15.02.220 Appendix Section J101 amended—General.
15.02.230 Appendix Section J103.1 amended—Permits required.
15.02.240 Appendix Section J104.3 amended— Permit applications and submittals.
15.02.250 Appendix Section J104 amended—Permit applications and submittals.
15.02.260 Definitions.
15.02.270 Permit requirements.
15.02.010 Adoption.
The rules, regulations and standards, printed and published by the International Code Council and known as the International Building Code, 2021 Edition, with California amendments as set forth in the 2022 California Building Code (Title 24, Part 2 (Volumes 1 and 2)), copies of which are in the Foster City Library and on file in the office of the city clerk (including Appendices G, H, I, J, and L thereto), in this chapter collectively called the building code, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained except as otherwise provided in this chapter. (Ord. 655 § 2, 2022)
15.02.020 Citation.
The California Building Code adopted in Section 15.02.010 may be cited as the “California Building Code”; provided, however, that when any section thereof is amended by anything contained in this chapter, citations to such section shall be made to “Section _________ of the California Building Code as amended by Municipal Code Section _________.” (Ord. 655 § 2, 2022)
15.02.030 Section 104.1, Chapter 1, Division 2 amended—Duties and powers.
Section 104.1, Chapter 1, Division 2 of the California Building Code is amended to read as follows:
Section 104.1 Chapter 1-Division 2 General. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. Pursuant to the enforcement of the provisions of this Code, the Building Official may make reasonable interpretations based on studies and investigations deemed appropriate. For such purpose, the Building Official shall have the powers of a law enforcement officer.
To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to inspection by the Building Official, the Chief Building Official is authorized to require the owner or owner’s authorized agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, subject matter expert, or accredited organization acceptable to the Building Official. The Building Official is authorized to require design submittals to be prepared by, and bear the stamp of, a California registered design professional.
(Ord. 655 § 2, 2022)
15.02.040 Section 104.6, Chapter 1, Division 2 amended—Right of entry.
Section 104.6, Chapter 1, Division 2 of the California Building Code is amended by adding a second paragraph to read as follows:
“Authorized Representative” shall include the officers named in Section 103.3 of this Code.
(Ord. 655 § 2, 2022)
15.02.050 Section 105.1, Chapter 1, Division 2 amended—Permits.
Section 105.1, Chapter 1, Division 2 of the California Building Code is amended to add a new Section 105.1.3 to read as follows:
Demolition Permit. Upon compliance, or assurance that there will be future compliance to the satisfaction of the Building Official, with all applicable local, state and federal laws, standards and regulations, including but not limited to provisions of the California Building Code and Regional Air Quality Act, the building official may issue a demolition permit for any structure upon receipt of an application therefor, together with the nonrefundable fee adopted by resolution by the Governing Body to be a reasonable fee for covering the actual costs of processing such an application. The Building Official may require that a building permit or permits and any other necessary approvals be obtained for a project or replacement structure prior to issuing a demolition permit for a structure.
Any person failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor, as further provided in Section 15.02.100 of this code.
(Ord. 655 § 2, 2022)
15.02.060 Section 105.2, Chapter 1, Division 2 amended—Permits.
Section 105.2, Chapter 1, Division 2 of the California Building Code is amended to read as follows:
Work Exempt from Permit. The Building Official may require a permit for projects which require approval and/or permits by the Community Development Director.
(The rest of Section 105.2, Chapter 1, Division 2 to read the same.) (Ord. 655 § 2, 2022)
15.02.070 Section 105.3.1, Chapter 1, Division 2 amended—Action on application for permit.
Section 105.3.1, Chapter 1, Division 2 of the California Building Code is amended by adding a second paragraph to read as follows:
No permit or approval shall be issued which does not conform to all applicable provisions of this Title and Title 17, including Design Review. The determination of conformance shall be made by the Community Development Director or designated staff members of the Community Development Department.
(Ord. 655 § 2, 2022)
15.02.080 Section 105.5 amended—Expiration.
Section 105.5 of the California Building Code is amended by adding a second paragraph to read as follows:
Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year.
(Ord. 655 § 2, 2022)
15.02.090 Section 107, Chapter 1, Division 2 amended—Construction documents.
Section 107 of the California Building Code is amended to add a new Section 107.2.9 to read as follows:
Section 107.2.9 Survey: The construction documents submitted with the application for permit shall be accompanied by a site plan, prepared by a licensed civil engineer or land surveyor, showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey.
The survey shall show, at a minimum, existing and proposed topography, existing buildings and structures, all property lines with lengths and bearings, any recorded easements, and any other restrictions or site conditions that may impact the proposed development. This may include structures to be reconstructed on the original footprint of an existing building when the property lines require verification. Only the affected property lines and their relationship to the existing and new construction will have to be verified. Staking of affected property lines or offset lines may be acceptable as determined by the Chief Building Official or the designee.
A pad certificate prepared by a State licensed Civil Engineer or a State licensed Surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the Geotechnical Investigation Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a State licensed Civil Engineer or a State licensed Surveyor for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
For structures greater than 25 feet in building height, written verification certifying the building height including the actual and allowable approved building heights shall be submitted to the project Building Inspector at final inspection. The certification shall be done by a State licensed Surveyor.
(Ord. 655 § 2, 2022)
15.02.100 Section 109, Chapter 1, Division 2 amended—Fees.
Section 109, Chapter 1, Division 2 of the California Building Code is amended to read as follows:
Section 109 Chapter 1, Division 2 Fees. Fees shall be assessed in accordance with the provisions of this section as set forth in the fee schedule adopted by resolution by the Governing Body.
The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. The Value to be used in computing the building permit and plan review shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other equipment.
Reinspection fees shall be assessed at the discretion of the building official at the adopted fee schedule miscellaneous hourly rate for the reinspection of work that was not ready at the time of inspection and for work that fails inspection two or more times.
Investigation fees, formal determination for change of Occupancy or condominium conversion report, shall be assessed at the discretion of the building official at the adopted fee schedule miscellaneous hourly rate for the investigation of work.
(Ord. 655 § 2, 2022)
15.02.110 Section 110, Chapter 1, Division 2 amended—Inspections.
Section 110 of the California Building Code is amended to add a new Section 110.7 to read as follows:
110.7 Contractors shall have a qualified employee at the site with plans and permit available at all times during an inspection. If Contractor does not have a qualified employee at the construction site with plans and permits available or they are not ready, or plans and permit card are not present, contractors shall be subject to additional inspection fees, in an amount as set forth in the fee schedule adopted by resolution by the Governing Body.
Requests for duplicate plans or permit shall be subject to duplicate copy fees, in an amount as set forth in the fee schedule adopted by resolution by the Governing Body, and actual costs for new plans or a permit card.
(Ord. 655 § 2, 2022)
15.02.120 Section 113, Chapter 1, Division 2 amended—Means of appeals.
Section 113, Chapter 1, Division 2 of the California Building Code is amended to read as follows:
Section 113.1 Chapter 1, Division 2 – In order to provide for a final determination for the suitability of alternate materials, methods of construction, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.
(Ord. 655 § 2, 2022)
15.02.130 Section 114, Chapter 1, Division 2 amended—Violations.
Section 114, Chapter 1, Division 2 of the California Building Code is amended to read as follows:
Section 114.1 Chapter 1, Division 2 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provisions of this code.
It is hereby declared that any violation of this code constitutes a public nuisance, and in addition to any other remedies provided by this code for its enforcement, the administrative authority may bring civil suit to enjoin the violations of any provision of this code.
Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of up to $1,000 or by imprisonment of not more than six months, or both such fine and imprisonment.
(Ord. 655 § 2, 2022)
15.02.140 Section 1404.2 amended—Weather protection.
Section 1404.2 of the California Building Code is amended by adding a second paragraph to read as follows:
Balconies, landings, exterior stairways, occupied roof and similar surfaces exposed to the weather and sealed underneath shall be waterproofed and sloped a minimum of 1/4 unit vertical in 12 units horizontal (2% slope) for drainage.
(Ord. 655 § 2, 2022)
15.02.150 Section 1505 amended—General.
Section 1505 of the California Building Code is amended to read as follows:
Section 1505.1 General. Roof covering shall be not less than, Class B fire retardant which complies with ASTM E108, UL 790 or ASTM D2898.
Roof coverings shall be securely fastened to the supporting roof construction and shall provide weather protection for the building at the roof.
Subject to the requirements of this chapter, combustible roof coverings and roof insulation may be used in any type of construction.
Skylights shall be constructed as required in Section 2405.
Penthouses shall be constructed as required in Section 1511.2. For the use of plastics in roofs, see Section 2606.4.
For solar energy collectors placed on the roof see Chapter 5.
Approval for changes in roof coverings, material, color, weight shall be made by the Community Development Director or designated staff members of the Community Development Department.
(Ord. 655 § 2, 2022)
15.02.160 Section 1611.2 amended—Ponding instability.
Section 1611.2 of the California Building Code is amended by adding a second paragraph to read as follows:
1611.2.1 Water Accumulation. All roofs shall be designed with sufficient slope to assure adequate drainage after long time deflection from dead loads and possible differential foundation subsidence, or shall be designed to support maximum loads including possible ponding of water due to deflection and subsidence. Minimum amount of ponding from subsidence shall be equal to 1/8 inch times the minimum building dimension in feet. See Section 1604 for deflection criteria.
(Ord. 655 § 2, 2022)
15.02.170 Section 1803.2 amended— Investigations required.
Section 1803.2 of the California Building Code is amended by adding a second paragraph to read as follows:
1803.2.1. A geotechnical investigation shall be conducted when required by Section 1803.2 of the California Building Code, Foster City Municipal Code, or the Building Official for all new structures, additions to existing structures not exempted by Foster City Municipal Code, or whenever the occupancy classification of a building changes to a higher relative hazard category pursuant to Table 1604.5 of the California Building Code as a result of the proposed work. The Building Official may waive the requirement for a geotechnical investigation for additions to detached one and two-family single story dwellings.
(Ord. 655 § 2, 2022)
15.02.180 Section 1803.6 amended—Reporting.
Section 1803.6 of the California Building Code is amended to read as follows:
1803.6 #5 Recommendation for foundation type and design criteria including bearing capacity, provisions to minimize differential settlements, provisions for tying adjacent footings together to minimize differential, horizontal or vertical movement in the event of an earthquake, provisions to minimize the effects of expansive soils and the effects of expansive soils and the effects of adjacent loads.
(Ord. 655 § 2, 2022)
15.02.190 Section 1807.1 amended—Foundation walls.
Section 1807.1 of the California Building Code is amended by adding a sentence to the first paragraph and a second paragraph to read as follows:
All footings and foundations shall be designed by an Engineer or Architect licensed to practice in the State of California in accordance with the design criteria established as required by Section 1803 and in accordance with the structural provisions of this code. Footings and foundations may be installed per the criteria of the existing structure with the approval of the Building Official. Provisions to minimize differential settlement shall be included in the design.
Exception: Low ornamental walls and other nonstructural elements not over 3 feet 6 inches in height and which are not considered hazardous by the Building Official and when approval is not required by the Community Development Director.
(Ord. 655 § 2, 2022)
15.02.200 Section 1907 added—Concrete slabs.
The California Building Code is amended by adding Section 1907.2 to read as follows:
Section 1907.2 Concrete Slabs. All concrete slab on grade construction for habitable rooms in Group R Occupancies shall be constructed over a moisture barrier. The moisture barrier shall be a four inch thick layer of gravel, two layers of 15 lbs. felt, hot mopped or an equivalent approved membrane, and a 2 inch thick layer of sand. The architect or engineer may submit designs that provide equal or better protection for approval of the Building Official.
1907.2.1 All concrete slab on grade construction for habitable rooms in Group R Occupancies shall have minimum reinforcing equivalent to 6 inch by 6 inch weld wire fabric or better.
1907.2.2 Friction between slabs or foundations and ground shall be determined by a Geotechnical Engineer but in no case shall the coefficient of friction be less than 0.6.
(Ord. 655 § 2, 2022)
15.02.210 Section 3109.1 amended—General.
The first sentence of Section 3109.1 of the California Building Code is amended to read as follows:
3109.1. General. The design and construction of swimming pools, spas and hot tubs shall conform to all applicable provisions of this Title and Title 17, including Design Review, and Chapters 4, 5, 6, and 7 of the 2022 Uniform Swimming Pool, Spa and Hot Tub Code.
(Ord. 655 § 2, 2022)
15.02.220 Appendix Section J101 amended—General.
Appendix Section J101 of the California Building Code is amended to add Section J101.3 to read as follows:
Appendix Section J101.3 General. Fees shall be assessed in accordance with the provisions of the fee schedule adopted by resolution by the Governing Body.
(Ord. 655 § 2, 2022)
15.02.230 Appendix Section J103.1 amended—Permits required.
Appendix Section J103.1 of the California Building Code is amended to read as follows:
Appendix Section J103.1 No person shall do any grading without first having obtained a grading permit from the Building Official. Grading exempted from requiring a permit must be approved by the Building Official before any grading is to be started.
(Ord. 655 § 2, 2022)
15.02.240 Appendix Section J104.3 amended— Permit applications and submittals.
Appendix Section J104.3 of the California Building Code is amended to read as follows:
Appendix Section J104.3 Geotechnical Report. A preliminary geotechnical investigation shall be made to determine structural stability of the site for the proposed use. It may be necessary to extend the investigation beyond site boundaries in order to evaluate surface and/or subsurface investigation and analyses sufficient to evaluate the site’s potential for liquefaction and related ground failure.
The geotechnical report required by Section 1803.6 shall include data regarding the nature, distribution and physical properties of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading and comply with the provisions of Section 1803.6 where applicable to the proposed grading.
The geotechnical investigation report required by Section 1803.6 of this Chapter shall provide recommendations to minimize the potential damage to structures from total and differential settlement, consolidation, and secondary compression, and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented.
The geotechnical investigation report required by Section 1803.6 of this Chapter shall provide recommendations to minimize the potential damage to utilities and flatwork due to settlement. Analysis and investigation shall include, but not be limited to, historic, and proposed grade changes, sensitivity to new loading, increased densities due to over-excavation and re-compaction, secondary compression, and induced settlement within the building area in the evaluation of the potential range of future settlements, and the need for special measures such as flexible utility connections, hanging underslab utilities, hinges slabs at building/flatwork transitions.
(Ord. 655 § 2, 2022)
15.02.250 Appendix Section J104 amended—Permit applications and submittals.
Appendix Section J104 of the California Building Code is amended to add a new Section J104.5 to read as follows:
J104.5 Bonds. The Building Official may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or restore a graded site to the original condition. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.
The City Engineer may require that bonds be posted to recover the full costs of any damage to public right-of-way which may occur because of the peculiar nature or large scope of the project, such as transportation of fill or heavy equipment on local streets not designed to accommodate the traffic.
(Ord. 655 § 2, 2022)
15.02.260 Definitions.
Whenever any of the following names or terms is used in the California Building Code or the Foster City Municipal Code, such name or term shall have the following meaning:
“Accessory building” means a detached subordinate building, the use of which is appropriate, and customarily incidental to that of the main building or to the main use of the land, and which is located on the same lot with the main building or use.
“Approved testing laboratory” means a laboratory that has been approved by the Environmental Protection Agency (EPA) or other recognized agencies for the testing of wood-burning appliances.
“Bedroom” means a bedroom or room designed for sleeping purposes which shall be a minimum of seventy square feet and shall be not less than seven feet in any direction. A study, sewing room, sitting room, office, den, or similar room shall be considered a bedroom or room designed for sleeping purposes if it contains a closet, alcove, indentation, or wing wall which creates an area greater than twelve inches in depth.
“Catalytic” means a wood-burning appliance equipped with a device coated with platinum, palladium, or other rare metal located in the combustion chamber of a wood-burning appliance designed to cause relatively complete combustion at lower-than-normal temperatures.
“City” means the city of Foster City.
“City council” means the city council of the city of Foster City.
“EPA” means the United States Environmental Protection Agency.
“EPA-certified wood heater” means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA of the Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations and includes EPA-certified wood heater inserts.
“EPA Phase II limits” means 7.5 grams particulate per hour for noncatalytic wood-burning appliances or 4.1 grams particulate per hour for catalytic wood-burning appliances.
“Fireplace” means any permanently installed masonry or factory-built wood-burning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to thirty-five to one.
“Gas fireplace” means any device designed to burn natural gas or propane having the appearance of a wooden log and used and vented inside a fireplace.
“Kitchen” means any room used, intended, or designed to be used for cooking and preparing of food. Rooms which contain appliances or equipment such as microwaves, ovens, gas or electric cook tops, or electric ovens, toaster ovens and similar appliances shall constitute a room or area intended or designed as a kitchen.
“Masonry fireplace” means a fire chamber of solid masonry units such as bricks or stones, or masonry units constructed on a foundation and provided with a suitable chimney.
“New construction” means the construction of new structures and new additions to existing structures.
“Pellet-fueled wood heater” means any wood heater that operates on wood pellets.
“Standard window” means window standard sizes as published by the Window and Door Manufacturers Association (WDMA).
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building that is principally aboveground; this includes a gas or liquid storage tank or a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the assessed value of the structure before the damage occurred.
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include a project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local building official and which are the minimum necessary to assure safe living conditions. (Ord. 655 § 2, 2022)
15.02.270 Permit requirements.
A. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, keep, maintain, or demolish a building or structure or make any installation, alteration, or improvement to the electrical, plumbing, or mechanical system within, on, or serving a building or a parcel, or cause the same to be done, without first obtaining the prescribed permits for each such building, structure or electrical, plumbing, or mechanical system from the building official.
B. No person, firm, or corporation shall install, construct, alter or repair in any new or existing residential structure, accessory building, garage, barn, stable, hotel, motel, bed and breakfast, commercial or industrial building or additions to the foregoing, any wood-burning fire-place, stove or appliance, with the following exceptions:
1. A pellet-fueled wood heater;
2. An EPA-certified wood appliance;
3. A fireplace certified by EPA, should EPA develop a fireplace certification program;
4. A masonry fireplace;
5. Appliances which are specifically designed for food preparation; and
6. Gas fireplaces. (Ord. 655 § 2, 2022)