Chapter 15.04
RESIDENTIAL CODE
Sections:
15.04.010 Adoption.
15.04.020 Citation.
15.04.030 Section R104.1, Chapter 1, Division 2 amended— Duties and powers.
15.04.040 Section R104.6, Chapter 1, Division 2 amended—Right of entry.
15.04.050 Section R105.1.1, Chapter 1, Division 2 amended—Permits.
15.04.060 Section R105.2, Chapter 1, Division 2 amended—Permits.
15.04.070 Section R105.3.1, Chapter 1, Division 2 amended—Action on application for permit.
15.04.080 Section R105.5 amended—Expiration.
15.04.090 Section R108, Chapter 1, Division 2 amended—Fees.
15.04.100 Section R109, Chapter 1, Division 2 amended—Inspections.
15.04.110 Section R112, Chapter 1, Division 2 amended—Board of appeals.
15.04.120 Section R113, Chapter 1, Division 2 amended—Violations.
15.04.130 Section R341 added—Encroachments into the public right of way.
15.04.140 Section R342 added—Safeguards during construction.
15.04.150 Section R401.4 amended—Soil tests.
15.04.160 Section R403.1 amended—Footings.
15.04.170 Section R404.1 amended—Foundation walls.
15.04.180 Section R406.2.1 added—Concrete slabs.
15.04.190 Section R903.1 amended—Weather protection.
15.04.200 Section R905.1 amended—Roof covering application.
15.04.210 Definitions.
15.04.010 Adoption.
The rules, regulations and standards, printed and published by the International Code Council and known as the International Residential Code, 2021 Edition, with California amendments as set forth in the 2022 California Residential Code (Title 24, Part 2.5), copies of which are in the Foster City Library and on file in the office of the city clerk (including Appendix AH thereto), in this chapter collectively called the residential 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 § 3, 2022)
15.04.020 Citation.
The California Residential Code adopted in Section 15.04.010 may be cited as the “California Residential 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 Residential Code as amended by Municipal Code Section _________.” (Ord. 655 § 3, 2022)
15.04.030 Section R104.1, Chapter 1, Division 2 amended— Duties and powers.
Section R104.1, Chapter 1, Division 2 of the California Residential Code is amended to read as follows:
Section R104.1 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.
(Ord. 655 § 3, 2022)
15.04.040 Section R104.6, Chapter 1, Division 2 amended—Right of entry.
Section R104.6, Chapter 1, Division 2 of the California Residential Code is amended by adding a second paragraph to read as follows:
“Authorized Representative” shall include the officers named in Section R103.3 of this Code.
(Ord. 655 § 3, 2022)
15.04.050 Section R105.1.1, Chapter 1, Division 2 amended—Permits.
Section R105.1.1 of the California Residential Code is amended to add a new Section R105.1.1 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 Residential 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 15.04.100 of this code.
(Ord. 655 § 3, 2022)
15.04.060 Section R105.2, Chapter 1, Division 2 amended—Permits.
Section R105.2, Chapter 1, Division 2 of the California Residential 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 R105.2, Chapter 1, Division 2 to read the same.) (Ord. 655 § 3, 2022)
15.04.070 Section R105.3.1, Chapter 1, Division 2 amended—Action on application for permit.
Section R105.3.1, Chapter 1, Division 2 of the California Residential 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 § 3, 2022)
15.04.080 Section R105.5 amended—Expiration.
Section R105.5 of the California Residential 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 § 3, 2022)
15.04.090 Section R108, Chapter 1, Division 2 amended—Fees.
Section R108, Chapter 1, Division 2 of the California Residential Code is amended to read as follows:
Section R108 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 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 § 3, 2022)
15.04.100 Section R109, Chapter 1, Division 2 amended—Inspections.
Section R109 of the California Residential Code is amended to add a new Section R109.5 to read as follows:
R109.5 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 § 3, 2022)
15.04.110 Section R112, Chapter 1, Division 2 amended—Board of appeals.
Section R112, Chapter 1, Division 2 of the California Residential Code is amended to read as follows:
Section R112.1 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 § 3, 2022)
15.04.120 Section R113, Chapter 1, Division 2 amended—Violations.
Section R113, Chapter 1, Division 2 of the California Residential Code is amended to read as follows:
Section R113.1 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 § 3, 2022)
15.04.130 Section R341 added—Encroachments into the public right of way.
Chapter 3 of the California Residential Code is amended by adding a new Section R341 to read as follows:
R341. Encroachments into the Public Right of Way. Encroachments into the public right of way shall comply with the standards of Chapter 32 of the California Building Code.
(Ord. 655 § 3, 2022)
15.04.140 Section R342 added—Safeguards during construction.
Chapter 3 of the California Residential Code is amended by adding a new Section R342 to read as follows:
R342. Safeguards During Construction. Provisions for pedestrian safety during construction and the protection of adjacent public and private properties shall be governed by the requirements of Chapter 33 of the California Building Code.
(Ord. 655 § 3, 2022)
15.04.150 Section R401.4 amended—Soil tests.
Section R401.4 of the California Residential Code is amended by adding additional paragraphs to read as follows:
A geotechnical investigation shall be conducted when required by Section R401.1.1.1 of the California Residential 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.
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. The geotechnical investigation report shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. Prior to approval of the plans, a stamped and signed letter from the project engineer shall be provided to Building Inspection stating that the approved recommended action of the soil report has been incorporated into the design of each dwelling.
For one or two story single-family or duplex residences, and similar small structures, the soils engineering report required by Section R401.4 shall include data based upon criteria of Seismic Zone: E with a soil bearing pressure of 1,200 psf.
(Ord. 655 § 3, 2022)
15.04.160 Section R403.1 amended—Footings.
Section R403.1 of the California Residential Code is amended by adding 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 403 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.
(Ord. 655 § 3, 2022)
15.04.170 Section R404.1 amended—Foundation walls.
Section R404.1 of the California Residential Code is amended by adding a second paragraph to read as follows:
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 § 3, 2022)
15.04.180 Section R406.2.1 added—Concrete slabs.
The California Residential Code is amended by adding Section R406.2.1 to read as follows:
Section R406.2.1 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.
R406.2.1.1 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.
R406.2.1.2 Friction between slabs or foundations and ground shall be determined by a soils engineer but in no case shall the coefficient of friction be less than 0.6.
(Ord. 655 § 3, 2022)
15.04.190 Section R903.1 amended—Weather protection.
Section R903.1 of the California Residential Code is amended by adding second and third paragraphs 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.
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 R301 for deflection criteria.
(Ord. 655 § 3, 2022)
15.04.200 Section R905.1 amended—Roof covering application.
Section R905.1 of the California Residential Code is amended to read as follows:
Section R905.1 Roof Covering Application. 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 R308.6 and Section R337.8.
For Solar energy collectors placed on the roof see Section R907.
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 § 3, 2022)
15.04.210 Definitions.
Definitions are found in Section 15.02.260, Definitions. (Ord. 655 § 3, 2022)