Chapter 15.06
EXISTING BUILDING CODE
Sections:
15.06.010 Adoption.
15.06.020 Citation.
15.06.030 Section 104.1 amended—Duties and powers.
15.06.040 Section 104.6 amended—Right of entry.
15.06.050 Section 105.2 amended—Permits.
15.06.060 Section 105.3.1 amended—Permit issuance.
15.06.070 Section 108 amended—Fees.
15.06.080 Section 112 amended—Means of appeals.
15.06.090 Section 113, Chapter 1, Division 2 amended—Violations.
15.06.100 Section 302.3 amended—General provisions.
15.06.110 Section 302.6 amended—General provisions.
15.06.120 Section 409 added—Private swimming pool maintenance.
15.06.130 Definitions.
15.06.010 Adoption.
The rules, regulations and standards, printed and published by the International Code Council and known as the International Existing Building Code, 2021 Edition, with California amendments as set forth in the 2022 California Existing Building Code (Title 24, Part 10), copies of which are in the Foster City Library and on file in the office of the city clerk (including Appendix A thereto), in this chapter collectively called the Existing 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 § 4, 2022)
15.06.020 Citation.
The California Existing Building Code adopted in Section 15.06.010 may be cited as the “California Existing 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 § 4, 2022)
15.06.030 Section 104.1 amended—Duties and powers.
Section 104.1 of the California Existing Building Code is amended to read as follows:
Section 104.1 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 § 4, 2022)
15.06.040 Section 104.6 amended—Right of entry.
Section 104.6 of the California Existing 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 § 4, 2022)
15.06.050 Section 105.2 amended—Permits.
Section 105.2 of the California Existing 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 to read the same.) (Ord. 655 § 4, 2022)
15.06.060 Section 105.3.1 amended—Permit issuance.
Section 105.3.1 of the California Existing 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 § 4, 2022)
15.06.070 Section 108 amended—Fees.
Section 108 of the California Existing Building Code is amended to read as follows:
Section 108 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.
(Ord. 655 § 4, 2022)
15.06.080 Section 112 amended—Means of appeals.
Section 112 of the California Existing Building Code is amended to read as follows:
Section 112.1. 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 § 4, 2022)
15.06.090 Section 113.1, Chapter 1, Division 2 amended—Violations.
Section 113.1 of the California Existing Building Code is amended to read as follows:
Section 113.1. 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 § 4, 2022)
15.06.100 Section 302.3 amended—General provisions.
Section 302.3 of the California Existing Building Code is amended to read as follows:
Alterations, repairs, additions and changes of occupancy to existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy, respectively, in this code and the California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, California Electrical Code and the California Green Building Standards Code. Where provisions of the other codes conflict with provisions of this code, the provisions of the other codes shall take precedence.
(Ord. 655 § 4, 2022)
15.06.110 Section 302.6 amended—General provisions.
Section 302 of the California Existing Building Code is amended by adding Subsection 302.6 to read as follows:
All building material, construction equipment, excavation material and debris must be maintained in a safe and sanitary condition. Unless waived by the Building Official, such material shall be located behind the required front yard setback requirements and the rear or side yard setback requirements when facing waterways.
Prior to or after commencement of construction, the Building Official may require a protective barrier such as a fence, barricade or other structure for the protection of the public around and in conjunction with any construction work. The design, construction, location, and materials used shall be approved by the Building Official prior to installation. The barrier shall be removed before receiving a Certificate of Occupancy.
(Ord. 655 § 4, 2022)
15.06.120 Section 409 added—Private swimming pool maintenance.
Chapter 4, “Repairs,” of the California Existing Building Code is amended by adding Section 409 to read as follows:
409 Private Swimming Pool Maintenance.
General. All private swimming pools, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition. All devices or safeguards required by the 2022 California Residential Code, 2022 California Building Code, or the Swimming Pool Safety Act as adopted and amended by the City of Foster City, shall be maintained in conformance with the Code edition under which installed. The owner or the owner’s designated agent shall be responsible for maintenance of plumbing systems. To determine compliance with this subsection, the Chief Building Official may cause private swimming pools to be re-inspected.
A private swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted.
“Polluted water” means water which contains bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition.
The owner, controlling, operating or managing party, lessee, agent, person, or entity in lawful charge or possession of the property. An entity, corporation, partnership or limited partnership is a responsible party when it performs any of the functions described in this section relating to real property.
Any private swimming pool or other outdoor body of water maintained in violation of any of the enclosure requirements contained in 2022 California Residential Code, 2022 California Building Code, or the Swimming Pool Safety Act is deemed unsafe.
(Ord. 655 § 4, 2022)
15.06.130 Definitions.
Definitions are found in Section 15.02.260, Definitions. (Ord. 655 § 4, 2022)