Chapter 15.04 CONSTRUCTION CODES

Chapter 15.04
CONSTRUCTION CODES

Sections:

15.04.010 Codes adopted.

15.04.020 2022 California Building Code and amendments.

15.04.030 2022 California Residential Code and amendments.

15.04.040 2022 California Electrical Code and amendments.

15.04.050 2022 California Mechanical Code and amendments.

15.04.060 2022 California Plumbing Code and amendments.

15.04.070 2022 California Existing Building Code and amendments.

15.04.080 California Green Building Standards Code amendments.

15.04.090 2021 International Property Maintenance Code amendments.

15.04.100 Violations – Penalty.

15.04.010 Codes adopted.

Pursuant to Section 50022.2 of the California Government Code, the following codes are adopted by reference as defined herein and as adopted and amended by the State Building Standards Commission under Title 24, including the amendments listed in this chapter which are made pursuant to the findings of fact set forth in the adopting ordinance:

A. California Administrative Code, Title 24, Part 1, 2022 Edition, promulgated and published by the International Code Council;

B. California Building Code, Title 24, Part 2, Volumes 1 and 2, 2022 Edition, including Chapter 1, Division II, and Appendix Chapters B and J, as amended, promulgated and published by the International Code Council;

C. California Residential Code, Title 24, Part 2.5, 2022 Edition, including Chapter 1, Division II, as amended, and Appendix V, as amended, promulgated and published by the International Code Council;

D. California Electrical Code, Title 24, Part 3, 2022 Edition, with tables, as amended, promulgated and published by the National Fire Protection Association;

E. California Mechanical Code, Title 24, Part 4, 2022 Edition, and standards, as amended, promulgated and published by the International Association of Plumbing and Mechanical Officials;

F. California Plumbing Code, Title 24, Part 5, 2022 Edition, and standards, as amended, promulgated and published by the International Association of Plumbing and Mechanical Officials;

G. California Energy Code, Title 24, Part 6, 2022 Edition, promulgated and published by the International Code Council;

H. California Historical Building Code, Title 24, Part 8, 2022 Edition, promulgated and published by the International Code Council;

I. California Existing Building Code, Title 24, Part 10, 2022 Edition, as amended, promulgated and published by the International Code Council;

J. California Fire Code, Title 24, Part 9, 2022 Edition, as amended, promulgated and published by the International Code Council;

K. California Referenced Standards Code, Title 24, Part 12, 2022 Edition, promulgated and published by the International Code Council;

L. International Property Maintenance Code, 2021 Edition, chapters and sections listed, promulgated and published by the International Code Council. (Ord. 1223 § 3, 2022.)

15.04.020 California Building Code (CBC) amendments.

CBC Chapter 1, Division I, Section 1.8.8.1, Appeals Board General, is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CBC Chapter 1, Division I, Section 1.8.8.3, Appeals, is amended to add the following:

The appellant must fill out the “City of Healdsburg Request for hearing” form and pay an appeals processing fee of $250. The appellant shall attach a written statement describing the circumstances of the appeal and include any evidence that he/she would like presented at the hearing. The Building Official will schedule the appeal for the next available Planning Commission meeting.

CBC Chapter 1, Division II, Administration, is adopted in its entirety and amended as follows:

CBC Chapter 1, Division II, Section 105.2, Work exempt from permit, Building, (1) is amended to read as follows:

One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area is not greater than 120 square feet and the structure contains no plumbing facilities, electrical circuits or heating appliances.

CBC Chapter 1, Division II, Section 105.2, Work exempt from permit, Building, (4) is amended to read as follows:

Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless; supporting a surcharge, impounding Class I, II or IIIA liquids, or when retaining walls of any height are located within 3 feet from a public right-of-way.

CBC Chapter 1, Division II, Section 105.2, Work exempt from permit, Building, (7) is amended to read as follows:

Painting, papering, tiling, carpeting, cabinets, and similar finish work.

CBC Chapter 1, Division II, Section 105.2, Work exempt from permit, Building, (14) is added as follows:

Decks at a one-family dwelling, two-family dwelling, accessory dwelling unit, or townhouse that do not serve the exit door required by CRC Section R311.4, do not exceed 200 square feet in area, that are not more than 30 inches above grade at any point, and are not attached to the building.

CBC Chapter 1, Division II, Section 105.3.2, Time limitation of application, is amended as follows:

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant in writing, one extension of time for an additional period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No application shall be extended more than once. Plan Review fees are non-refundable where any review has been performed.

CBC Chapter 1, Division II, Sections 105.5 and 105.5.1, Expiration, is amended as follows:

Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within 1 year after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 1 year after the time the work is commenced and inspected by the Building Department. Partially completed work that is abandoned shall be evaluated on a case-by-case basis by the Building Official and shall generally follow the permit expiration procedure described in this section.

A permittee holding an unexpired permit shall be allowed to apply for either; a refund for no more than 80 percent of the building permit fee paid therefor cancelling the permit, or may request an extension of the time within which work shall be allowed to commence under that permit. The Building Official is authorized to grant, in writing, one extension of time for a period not more than 180 days from the date of the extension request. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.

Where no request for permit fee refund has been made, before work can be recommenced on an expired permit, the permit shall first be reactivated. To do so the fee therefor shall be one-half the amount required for a new permit for such work, provided such permit has not been expired for more than 1 year and provided further that no changes have been made or will be made in the original construction documents for such work. Prior to the City expiring a permit, attempt will be made to notify the applicant listed on the permit, regarding the permit’s pending status. In order to renew action on a permit after expiration exceeding 1 year, the permittee shall obtain a new permit and pay new full permit fees. No refund for permit fees shall be granted on expired permits or permits that have been granted an extension.

Building permit construction activity, including reactivated permits, is limited to a maximum term of 3 years from the date of issuance of the original permit. When requested in writing of the Building Official, a maximum of one 180 day term extension may be granted in excess of 3 years when justifiable cause is demonstrated. Ongoing construction activity occurring beyond the term limit is prohibited and the permit shall be expired. In order to renew action on a permit after term limit expiration, the permittee shall obtain a new permit and pay new full permit fees.

CBC Chapter 1, Division II, 109.4, Work commencing before permit issuance, is amended as follows:

Any person who commences any work on a building, structure, electrical, gas, mechanical, plumbing system before obtaining the necessary permits shall be subject to a fee equal to two times the amount of normal permit fee for that work, and shall be in addition to the normal permit fee as specified in the Master Fee Schedule Resolution. The Building Official can reduce the fee to one times the amount of the normal permit fee for that work if a building permit is applied for to correct the violation by the owner and not discovered through an investigation.

CBC Chapter 1, Division II, Section 116.4.1, Unauthorized tampering, is added as follows:

Notices, signs, tags or seals posted or affixed by the Building Official shall not be mutilated, destroyed or tampered with, or removed without obtaining prior authorization from the Building Official. Any violation shall be subject to penalties as prescribed by law.

CBC Chapter 2, Section 202, Definitions, is amended to add the following:

NEWLY CONSTRUCTED BUILDING is a building that has never been used or occupied for any purpose. “Newly Constructed Building” shall also be applied when the removal of any structure’s exterior wall area and roof/ceiling area, exposes seventy five percent (75%) or more of the entire building’s existing conditioned space (building envelope). Or where any portion of a building’s exterior is preserved but the interior of the building is removed, including all structural portions of floors and ceilings, the building is considered a new building.

Any additional demolition that occurs during the period between the permit issuance date and the date the Building Inspector signs-off the final inspection on the permit, shall be considered in determining whether to apply the “Newly Constructed Building” definition. For any subsequent permits for construction that are to be undertaken within 3 years of the date that the Building Inspector signs-off the final inspection on the original permit, the total area of demolition from the preceding 3-year period shall be considered in determining whether to apply the “Newly Constructed Building” definition. The 3-year period does not apply to the replacement of only roof coverings, wall finishes, doors, windows, or skylights.

CBC Chapter 9, Fire Protection and Life Safety Systems, is deleted and replaced by 2022 California Fire Code (CFC) Chapter 9 as amended.

CBC Chapter 15, Section 1505.1.2, Roof coverings within all other areas, is amended to read as follows:

The entire roof covering of every existing structure, where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

CBC Appendix B, Board of Appeals, Sections B101.2, B101.2.1, B101.2.2, and B101.7 are adopted.

B101.2 Application for Appeal.

B101.2.1 Limitation of Authority.

B101.2.2 Stays of enforcement.

B101.7 Board Decision.

CBC Appendix J, Grading, is adopted and a new Section J104.1.1 is added to read:

GRADING PERMIT REQUIREMENTS

Grading Designation. Grading in excess of 5,000 cubic yards (3825 m3) shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 5,000 cubic yards (3825 m3) shall be designated “regular grading” unless the permittee chooses to have the grading performed as engineered grading, or the city engineer determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.

Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the city engineer.

Specifications shall contain information covering construction and material requirements.

Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work, the name and address of the owner, and the person by whom they were prepared.

The plans shall include the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.

5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4572 mm) of the property or that may be affected by the proposed grading operations.

6. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the city engineer, specific recommendations contained in the soils engineering report and the engineering geology report, that are applicable to grading, may be included by reference.

7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.

Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work to be performed. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:

1. General vicinity of the proposed site.

2. Limiting dimensions and depth of cut and fill.

3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4572 mm) of the proposed grading.

The city engineer may require that grading operations and project designs be modified if delays occur that subsequently experience weather-generated problems not considered at the time the permit was issued. The city engineer may require professional inspection and testing by the soils engineer. When the city engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading.

(Ord. 1223 § 3, 2022.)

15.04.030 California Residential Code (CRC) amendments.

CRC Chapter 1, Division I, Section 1.8.8.1, Appeals Board General, is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CRC Chapter 1, Division I, Section 1.8.8.3, Appeals, is amended to add the following:

CRC Chapter 1, Division II, Administration, Section R101, General, is adopted.

CRC Chapter 1, Division II, Administration, Sections R102 through R114, is deleted and replaced with CBC Chapter 1, Division II, Scope and Administration, Sections 102 through 116 as amended.

CRC Chapter 3, Section R313, Automatic Fire Sprinkler Systems, is deleted and replaced by California Fire Code (CFC) Chapter 9 as amended.

CRC Chapter 9, Section R902.1.2, Roof coverings in all other areas, is amended to read as follows:

CRC Appendix AX, Swimming Pool Safety Act, is adopted:

CRC Appendix AX, Section 115922.1, is added:

Barrier required for private swimming pools. The barrier shall be specifically designed to prevent unauthorized entry from adjacent private and/or public property. Every person who owns or is in possession of any land on which there is situated a private swimming pool shall secure the pool from unauthorized entry by a barrier constructed as an enclosure that meets or exceeds the requirements of CRC AV100.3. The barrier shall be in addition to one of the “seven drowning prevention safety features” required by CRC AV100.2.

CRC Appendix AX, Section 115922.2, Safety features required, Existing swimming pools, is added:

Any person who owns or is in possession of an existing swimming pool, at a private, single-family home, that does not conform to the requirements of CRC AV100.2.1, shall make the pool conform to the requirements of AV100.2.1 within ninety (90) days from this ordinance’s effective date.

Exceptions: If it is secured from unauthorized entry by a natural or artificial barrier that provides the same or a greater degree of protection than would an enclosure. An application for exception shall be filed in writing with the Building Official. The application shall contain a statement evidencing that the applicant is entitled to the exception and such other information as the Building Official may prescribe.

(Ord. 1223 § 3, 2022.)

15.04.040 California Electrical Code (CEC) amendments.

CEC Article 89, General Code Provisions, 89.108.8.1, Appeals Board General, is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CEC Article 89, General Code Provisions, 89.108.8.3, Appeals, is amended to add the following:

CEC Article 90, Introduction, is amended by adding Article 90.10 to include CBC Chapter 1, Division II, Scope and Administration, Sections 102 through 116, as amended. (Ord. 1223 § 3, 2022.)

15.04.050 California Mechanical Code (CMC) amendments.

CMC Chapter 1, Division I, Section 1.8.8.1, Appeals Board General, is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CMC Chapter 1, Division I, Section 1.8.8.3, Appeals, is amended to add the following:

CMC Chapter 1, Division II, Administration, Sections 102 through 107, is deleted and replaced with CBC Chapter 1, Division II, Scope and Administration, Sections 102 through 116, as amended. (Ord. 1223 § 3, 2022.)

15.04.060 California Plumbing Code (CPC) amendments.

CPC Chapter 1, Division I, Section 1.8.8.1, Appeals Board General, is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CPC Chapter 1, Division I, Section 1.8.8.3, Appeals, is amended to add the following:

CPC Chapter 1, Division II, Administration, Sections 102 through 107, is deleted and replaced with CBC Chapter 1, Division II, Scope and Administration, Sections 102 through 116 as amended. (Ord. 1223 § 3, 2022.)

15.04.070 California Existing Building Code (CEBC) amendments.

CEBC Chapter 1, Division I, Section 1.8.8.1, Appeals Board General, is amended to add the following:

The local appeals board and housing appeals board shall be the City of Healdsburg Planning Commission.

CEBC Chapter 1, Division I, Section 1.8.8.3, Appeals, is amended to add the following:

CEBC Chapter 1, Sections 102 through 117, is deleted in its entirety, and replaced with CBC Chapter 1, Division II, Scope and Administration, Sections 102 through 116 as amended. (Ord. 1223 § 3, 2022.)

15.04.080 California Green Building Standards Code amendments.¹

Section 202, Definitions, is modified by adding and amending the following definitions:

ALL-ELECTRIC BUILDING. A building that uses electricity as the source of energy for its space heating, water heating, pool and spa systems, cooking appliances, clothes drying appliances, and decorative appliances, and has no natural gas or propane plumbing installed within the building or within the building’s property lines. All-Electric Buildings may include solar thermal pool heating.

NEWLY CONSTRUCTED BUILDING (or NEW CONSTRUCTION). As defined in Section 15.04.020 of the Healdsburg Municipal Code.

Chapter 4, Residential Mandatory Measures. Division 4.5, Environmental Quality, is amended to add a new section as follows:

4.509 GREENHOUSE GAS EMISSIONS

4.509.1 All-Electric Buildings.

Newly Constructed Buildings shall be designed and constructed as All-Electric Buildings.

Exception 1 to 4.509.1: All Newly Constructed Buildings may contain natural gas cooking appliances and direct-vent sealed-combustion type fireplaces.

Exception 2 to 4.509.1: Accessory Dwelling Units (ADU) that are attached to the primary dwelling unit, if the existing primary dwelling unit uses mixed fuel for space and water heating and the ADU services will be provided by the existing mixed fuel system.

Exception 3 to 4.509.1: 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.

Note 1: If natural gas appliances are used pursuant to any of the above exceptions, natural gas appliance locations must be electrically pre-wired for future electric appliance installation as technically feasible. They shall include the following:

1. Single-family homes shall comply with the 2022 California Energy Code, Section 150.0(t) – 150.0(v). For any appliances not specifically listed, they shall follow the same requirements set forth in this section with appropriate location and sizing for the specific appliance.

2. Multifamily buildings shall comply with the 2022 California Energy Code, Section 160.9. For any appliances not specifically listed, they shall follow the same requirements set forth in this section with appropriate location and sizing for the specific appliance.

Note 2: If any of the above exceptions are granted, the Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.11.

Chapter 5, Nonresidential Mandatory Measures. Division 5.5, Environmental Quality, is amended to add a new section as follows:

5.509 GREENHOUSE GAS EMISSIONS

5.509.1 All-Electric Buildings.

Newly Constructed Buildings shall be designed and constructed as All-Electric Buildings.

Exception 1 to 5.509.1: All Newly Constructed Buildings may contain natural gas cooking appliances and direct-vent sealed-combustion type fireplace.

Exception 2 to 5.509.1: 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.

Conditional Exception 3 to 5.509.1: Exception for Essential Facilities as defined in Section 202 of the Building Code, buildings and public facilities where natural gas is necessary to meet the requirements of other permitting agencies or is demonstrated to be necessary for the purpose of protecting public health, safety and welfare. Applicant must provide third party verification that the electric requirement is not feasible.

Conditional Exception 4 to 5.509.1: Non-residential buildings may apply to the Utility Director for an exception to install gas-fueled appliances.

The Utility Director shall grant this exception if the applicant establishes one or more of the following:

1. There is a business-related necessity to use a natural gas fuel source that cannot be achieved with an electric fuel source; or

2. There is a proven need for a natural gas appliance due to public health or public safety reasons that cannot be achieved with an electric fuel source.

If an exception is granted, compliance with the pre-wiring requirements of Note 1 if feasible is required for the appliance allowed under the exception.

The applicant may appeal the Utility Director’s decision pursuant to the appeal procedure in Chapter 2.36 of the Healdsburg Municipal Code.

1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer’s recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors;

2. Both ends and along exposed portions of the unused conductor or conduit shall be labeled with the words “For Future Electric appliance” and be electrically isolated;

3. A reserved circuit breaker space shall be maintained in the electrical panel for the branch circuit and appropriately labeled for each circuit, an example is as follows (i.e., “For Future Electric Range”); and

4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code.

(Ord. 1217 § 4, 2022.)

15.04.090 International Property Maintenance Code (IPMC) amendments.

IPMC Chapter 1, Scope and General Requirements, Part 1, Scope and Application, Section 101, General, is adopted.

IPMC Chapter 1, Scope and General Requirements, Part 1, Scope and Application, Section 111, Unsafe Structures and Equipment, is adopted.

IPMC Chapter 3, General Requirements, Section 301, General, is adopted.

IPMC Chapter 3, General Requirements, Section 302, Exterior Property Areas, is adopted.

IPMC Chapter 3, General Requirements, Section 304, Exterior Structure, is adopted.

IPMC Chapter 3, General Requirements, Section 305, Interior Structure, is adopted.

IPMC Chapter 3, General Requirements, Section 308, Rubbish and Garbage, is adopted. (Ord. 1223 § 3, 2022.)

15.04.100 Violations – Penalty.

A. Every person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 and/or imprisonment of up to six months. A person is guilty of a separate offense for each day during which he/she commits, or continues or permits a violation of this chapter, or each time he/she disobeys a valid order of an enforcement officer.

B. In addition to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a nuisance pursuant to Chapter 1.12 HMC. The City may also prosecute or enforce violations of this chapter as a criminal offense or by civil court action, prosecuted by the City Attorney in the name of the City or in the name of the people of the state of California, by seeking the appointment of a receiver, or in any other manner provided by law. (Ord. 1223 § 3, 2022.)

Code reviser’s note: Ord. 1223 repealed and replaced Chapter 15.04 HMC in its entirety. HMC 15.04.080 has been editorially retained to preserve the city’s amendments to the Green Building Code.