Chapter 9.10 TITLE 24 BUILDING STANDARDS CODES

The California Building Code, 2022 Edition, adopted by the California Building Standards Commission, Part 2 Volumes 1 and 2; including Appendix G – Flood-Resistant Construction; Appendix H – Signs; Appendix I – Patio Covers; Appendix J – Grading; Appendix L – Earthquake Recording Instrumentation; hereinafter collectively called the “building code,” is adopted and by reference incorporated in this chapter as if fully set forth as the building code of the city establishing the rules, regulations and standards within this city as to all matters therein contained; subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the building code shall be enforceable to the same extent as if contained in the body of the building code.

Whenever reference is made within the Millbrae Municipal Code to the Uniform Codes, National Codes or any codes regulating the construction or maintenance of any building, structure or appurtenance thereto, such codes shall commonly mean the currently adopted building code set forth in this chapter.

The building code regulates the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city. (Ord. 801, § 2 (Exh. A)).

9.10.010 Amendment of Building Code Section 1.11.2.1.1.

Building Code Section 1.11.2.1.1 is amended by replacing language to read as follows:

1.11.2.1.1. ENFORCEMENT. The responsibility for the enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal shall, except as provided in Section 1.11.2.1.2, be delegated to the City Building Official for the enforcement of the building standards as they relate to One- and Two-Family Dwellings, as described in Section 310.1 of Part 2 of the California Building Standards Code.

Exception: This section does not apply to Automatic Fire Extinguishing Systems designed and installed in accordance with California Fire Code Section 903.

(Ord. 801, § 2 (Exh. A)).

9.10.015 Amendment of Building Code Sections 105.1.1 and 105.1.2.

Building Code Sections 105.1.1 and 105.1.2 are hereby deleted. (Ord. 801, § 2 (Exh. A)).

9.10.020 Amendment of Building Code Section [A] 105.2.

Building Code Section [A] 105.2, “2. Fences not over 7 feet (2134 mm) high,” is amended to read as follows:

2. Fences that are any manmade barrier forming a physical boundary constructed of wood, concrete, stone, brick, lattice, metal, chain, cable, plastic, or dense planting materials.

(Ord. 801, § 2 (Exh. A)).

9.10.025 Amendment of Building Code Section [A] 105.3.2.

Building Code Section 105.3.2 is amended to read as set forth in MMC 9.05.030. (Ord. 801, § 2 (Exh. A)).

9.10.030 Amendment of Building Code Section [A] 105.5. and [A] 105.5.1.

Building Code Sections 105.5 and 105.5.1 are amended to read as set forth in MMC 9.05.040. (Ord. 801, § 2 (Exh. A)).

9.10.035 Amendment of Building Code Section 109.3.

Building Code Section [A] 109.3 is amended to read as set forth in MMC 9.05.050. (Ord. 801, § 2 (Exh. A)).

9.10.040 Amendment of Building Code Section [A] 112.3.

Section [A] 112.3 of the California Building Code is amended to read as set forth in MMC 9.05.070. (Ord. 801, § 2 (Exh. A)).

9.10.045 Amendment of Building Code Section [A] 112.3.

Building Code Section [A] 112.3 is amended by adding Section 112.3.1, “Connection after order to disconnect,” to read as set forth in MMC 9.05.080. (Ord. 801, § 2 (Exh. A)).

9.10.050 Amendment of Building Code Section [A] 113.1.1.

Building Code Section [A] 113.1 is amended by adding Section 113.1.1, “Appeals,” to read as set forth in MMC 9.05.090. (Ord. 801, § 2 (Exh. A)).

9.10.055 Amendment of Building Code Section 202.

Building Code Section 202, “Substantial Improvement,” is amended to read as follows:

Section 202 SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, which equals or exceeds 50 percent of the existing square footage of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvements regardless of the actual repair work performed. The following shall be used to calculate a Substantial Improvement:

1. The square footage of every room repaired, reconstructed, rehabilitated, altered, added or improved shall be included in the calculation of total square footage.

2. The total square footage of an individual room shall be considered repaired, reconstructed, rehabilitated, altered, added to or improved when at least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling of any one wall or ceiling within the room is new, removed, or replaced.

a. Aggregate. The square footage of any repair, reconstruction, rehabilitation, alteration, addition or improvement of a building or structure used in calculating whether a Substantial Improvement exists shall not be aggregated with prior or future repairs, reconstructions, rehabilitations, alterations, additions, or improvements in the same building unless the following applies: Where more than one (1) repair, reconstruction, rehabilitation, alteration, addition or improvement for which building permits are required is/are made within a two (2) year period, the sum of the square footage of these repairs, reconstructions, rehabilitations, additions or improvements during the two (2) year period shall be aggregated for the purpose of determining whether there is a Substantial Improvement.

3. The term Substantial Improvement does not, however, include either:

a. Any project for improvement of a building required to correct existing health, sanitary or safety code violation identified by the building official and that are the minimum necessary to assure safe living conditions.

b. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.

(Ord. 801, § 2 (Exh. A)).

9.10.060 Amendment of Building Code Section 312.1.

Building Code Section 312.1, “Fences more than 7 feet (2134 mm) in height,” is amended to read as follows:

Fences that are any manmade barrier forming a physical boundary constructed of wood, concrete, stone, brick, lattice, metal, chain, cable, plastic, or dense planting materials.

(Ord. 801, § 2 (Exh. A)).

9.10.065 Amendment of Building Code Section 406.6.2.1.

Building Code Section 406.6.2 is amended by adding the following section:

Section 406.6.2.1 Garage Ventilation: A garage containing electrical charging stations shall provide a manually operated control switch that controls ventilation operations located in the command/control room for emergency operations.

(Ord. 801, § 2 (Exh. A)).

9.10.070 Amendment of Building Code Section [F] 502.1.

Building Code Section [F] 502.1 is amended to read as set forth in MMC 9.05.160. (Ord. 801, § 2 (Exh. A)).

9.10.075 Amendment of Building Code Section 705.2.3.

Building Code Section 705.2.3 “Exception:” is amended to read as follows:

Exception: Type VA and VB construction shall be allowed for combustible projections in Group R-3 and U occupancies with a fire separation distance greater than or equal to 5 feet measured from the finished face of the building.

(Ord. 801, § 2 (Exh. A)).

9.10.080 Amendment of Building Code Section [F] 903.1.

Building Code Section 903.1 is amended by adding Sections [F] 903.1.2 and [F] 903.1.3 to read as follows:

Section [F] 903.1.2 Additions and Alterations. The standard for determining the size of addition and/or alteration for determining the threshold for an automatic sprinkler system shall be determined by the following:

1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration.

2. The entire square footage shall be considered added or altered when at least fifty percent (50%) or greater of interior wall sheeting or ceiling of any one wall within a room or area is new, removed, or replaced.

Section [F] 903.1.3 Applicable to all sprinkled buildings.

1. When a commercial or multi-family building is partially retrofitted with an approved automatic fire extinguishing system pursuant to this section, the building owner shall complete the fire extinguishing system retrofit throughout the unprotected building interior areas within six (6) years of completing the initial partial retrofit or within every tenant space where a building permit is obtained, whichever is less.

2. When a residential building is partially retrofitted with an approved automatic sprinkler system pursuant to this section, the building fire extinguishing system retrofit shall be completed throughout the unprotected building interior areas within two (2) years from completing the initial partial retrofit.

3. When a property owner or responsible party of a commercial or residential building chooses option 1 or 2 from above, the property owner shall file a deed restriction with San Mateo County Assessor’s Office and obtain a performance bond with Central County Fire Department to ensure compliance with this code.

(Ord. 801, § 2 (Exh. A)).

9.10.085 Amendment of Building Code Section [F] 903.2.

Building Code Section [F] 903.2 is amended by adding language to read as follows:

Section [F] 903.2 Where Required.

Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.23 and Sections 903.2.14 through 903.2.21.

Exceptions:

1. Group U occupancies less than 1200 square feet and separated from the primary structure by a minimum of ten (10) feet.

2. When approved by the fire chief, canopy structures used solely for vehicular parking which have a photovoltaic system attached are not required to be equipped with a fire sprinkler system as long as the structure meets distance requirements to other structures and property lines.

3. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 or not less than 2-hour horizontal assemblies in accordance with Section 711 or both.

(Ord. 801, § 2 (Exh. A)).

9.10.090 Amendment of Building Code Section 903.2.10.

Building Code Section 903.2.10 is amended by adding Section 903.2.10.3 to read as follows:

[F] 903.2.10.3 Lithium-ion batteries in vehicles.

Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum extra hazard, group 2 for the coverage of charging stations and for 15’ in any direction of charging stations.

(Ord. 801, § 2 (Exh. A)).

9.10.095 Amendment of Building Code Section 903.2.10.

Building Code Section 903.2.10 is amended by adding Section [F] 903.2.10.4 to read as follows:

Section [F] 903.2.10.4 Additional commercial and multi-family dwelling sprinkler locations. Rooms or spaces which contain vehicle parking lifts or stacking systems shall be designed as Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level.

(Ord. 801, § 2 (Exh. A)).

9.10.100 Amendment of Building Code Section 903.2.

Building Code Section 903.2 is amended by adding Section [F] 903.2.22 to read as follows:

Section [F] 903.2.22 Existing Buildings and Structures.

All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist:

1. Commercial and multi-family residential buildings with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will equal or exceed 1,200 square feet of the existing building square footage.

Exceptions:

a. Group U occupancies less than 1200 square feet and is separated from primary structure by a minimum of ten (10) feet.

b. Building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.

c. Additions or alterations of commercial and multi-family residential buildings that do not exceed twenty percent (20%) of the total square footage of the entire completed building. The following scopes of work are excluded from calculations to determine area of alteration: building roof repair/replacement, fire damage repair, building heating and/or cooling unit repair/replacement, and any other federal, state, and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.

(Ord. 801, § 2 (Exh. A)).

9.10.105 Amendment of Building Code Section 903.2.

Building Code Section 903.2 is amended by adding Section [F] 903.2.23 to read as follows:

Section [F] 903.2.23 Aggregate.

1. When more than one (1) addition and/or alteration for which building permits are required are submitted within a two (2) year period from the closure date of the initial permit, the sum of the square footage of these additions and/or alterations shall be aggregated for the purpose of determining calculations in Section [F] 903.1.2.

(Ord. 801, § 2 (Exh. A)).

9.10.110 Amendment of Building Code Section 903.3.1.

Building Code Section 903.3.1 is amended by adding Sections 903.3.1.4, 903.3.1.5 and 903.3.1.6 to read as follows:

Section [F] 903.3.1.4 Inspector’s test valves.

Single-family residential fire sprinkler systems within buildings greater than 3600 square feet shall be equipped with an inspector’s test valve for each system and located the furthest point away from the sprinkler riser.

Section [F] 903.3.1.5 Additional residential sprinkler locations. The installation of a residential fire sprinkler system shall conform to the following:

1. Sprinklers shall be required throughout carports and garages.

Exception: Detached carports and garages less than 1,200 square feet in area and separated from residential buildings by a minimum of 10 feet.

2. Sprinkler coverage shall be provided in the following locations:

a. Attic access openings

b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

Section 903.3.1.6 ADDITIONAL COMMERCIAL AND MULTI-FAMILY DWELLING SPRINKLER LOCATIONS. Rooms or spaces which contain vehicle parking lifts or stacking systems shall be designed as Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level.

(Ord. 801, § 2 (Exh. A)).

9.10.115 Amendment of Building Code Section 903.4.1.

Building Code Section 903.4.1 is amended by adding Section 903.4.1.1 to read as follows:

Section [F] 903.4.1.1 Monitoring.

For new fire sprinkler monitoring systems the approved supervisory station shall be defined as a UL approved central receiving station.

(Ord. 801, § 2 (Exh. A)).

9.10.120 Amendment of Building Code Section 907.7.

Building Code Section [F] 907.7 is amended by replacing language to read as follows:

Section [F] 907.7 Acceptance test and completion.

Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. New fire alarm systems installed in commercial and multi-family buildings shall be UL-Certified. Certificate shall be posted next to fire alarm control panel at time of final inspection.

(Ord. 801, § 2 (Exh. A)).

9.10.125 Amendment of Building Code Table 1501.1.

Building Code Table 1501.1 is amended to require all roof coverings to be a minimum Class B assemblies as set forth below.

IA	IB	IIA	IIB	IIIA	IIIB	IV	VA	VB
B	B	B	B	B	B	B	B	B

(Ord. 801, § 2 (Exh. A)).

9.10.130 Amendment of Building Code Section 1505.1.2.

Building Code Section 1505.1.2 is amended to read as follows:

Section 1505.1.2 Roof covering within all other areas.

The entire roof covering of every existing structure where more than 300 square feet 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 a roof of every structure, shall be a fire-retardant roof covering that is a least Class B.

(Ord. 801, § 2 (Exh. A)).

9.10.135 Amendment of Building Code Section 1705.3.

Building Code Section 1705.3 Exceptions number 1, is amended to read as follows:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where structural design of footing is based on a specified compressive strength f’c, no greater than 2,500 pounds per square inch (psi).

(Ord. 801, § 2 (Exh. A)).

9.10.140 Amendment of Building Code Section 3005.5.

Building Code Section 3005.5 is amended to read as follows:

Section 3005.5. Shunt trip prohibited.

Where elevator hoistways and/or elevator machine rooms, containing elevator control equipment located within buildings equipped with automatic fire sprinklers, the following is required in lieu of a shunt trip:

1. The elevator machine room must be constructed with the minimum fire rating as the hoistway. For non-rated hoistways, the minimum rating must be one hour throughout in accordance with Section 707 of the California Building Code for fire barriers.

2. Fire sprinklers at the top of the hoistway and inside the elevator machine room may not be installed.

3. Means for elevator shutdown may not be installed.

(Ord. 801, § 2 (Exh. A)).

Article II. Residential Code

9.10.205 California Residential Code, 2022 Edition, adopted.

The residential code as published by the International Code Council and as amended by the California Building Standards Commission known as the “California Residential Building Code, 2022 Edition,” including Appendix H, Patio Covers; Appendix K, Sound Transmission; hereinafter collectively called the “residential code,” is adopted and by reference incorporated in this chapter as if fully set forth as the building code of the city establishing the rules, regulations and standards within this city as to all matters therein contained; subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the residential code shall be enforceable to the same extent as if contained in the body of the residential code.

The residential code regulates the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all one- and two-family dwellings and townhouses not more than three stories above grade plane in height in the city, and is adopted and by reference incorporated in this chapter as if fully set forth, subject to the amendments set forth in this chapter. The requirements of Residential Code Appendix Chapters AH, Patio Covers; AJ, Existing Buildings; and Appendix AX, Swimming Pool Safety Act, shall be enforceable to the same extent as if contained in the body of the residential code and as amended herein. (Ord. 801, § 2 (Exh. A)).

9.10.210 Amendment of Residential Code Section 1.11.2.1.1.

Residential Code Section 1.11.2.1.1 is amended to read as follows:

Section 1.11.2.1.1 Enforcement.

The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal shall, except as provided in Section 1.11.2.1.2, be delegated to the City Building Official for the enforcement of the building standards as they relate to One- and Two-Family Dwellings, as described in Section R310.1 of Part 2 of the California Building Code.

Exception: Automatic Fire Extinguishing Systems designed and installed in accordance with California Residential Code Section R313.

(Ord. 801, § 2 (Exh. A)).

9.10.215 Amendment of Residential Code Section R105.2.

Residential Code Section R105.2, “Building: 2. Fences not over 7 feet (2134 mm) high,” is amended to read as follows:

2. Fences that are any manmade barrier forming a physical boundary constructed of wood, concrete, stone, brick, lattice, metal, chain, cable, plastic, or dense planting materials.

(Ord. 801, § 2 (Exh. A)).

9.10.220 Amendment of Residential Code Section R106.

Residential Code Section R106 is amended to add Section 106.7 to read as follows:

106.7 SUBSTANTIAL IMPROVEMENTS. Permit applications that are determined to meet the definition of a Substantial Improvement, are considered as new construction and shall comply with the new construction requirements under the Millbrae Municipal Code. These requirements may include, but are not limited to the following:

1. Planning Requirements – including Planning Commission Review

2. California Energy Code Requirements, as amended by the City of Millbrae

3. Seismic Retrofit of the foundation and framing system

4. An Automatic Fire Extinguishing System

5. A Fire Alarm System

6. Building Addressing

(Ord. 801, § 2 (Exh. A)).

9.10.225 Amendment of Residential Code Section R105.3.2.

Residential Code Section R105.3.2 is amended to read as set forth in MMC 9.05.030. (Ord. 801, § 2 (Exh. A)).

9.10.230 Amendment of Residential Code Sections R105.5 and R105.5.1.

Residential Code Sections R105.5 and R105.5.1 are amended to read as set forth in MMC 9.05.040. (Ord. 801, § 2 (Exh. A)).

9.10.235 Amendment of Residential Code Section R108.3.

Residential Code Section R108.3 is amended to read as set forth in MMC 9.05.050. (Ord. 801, § 2 (Exh. A)).

9.10.245 Amendment of Residential Code Section R111.3.

Residential Code Section R111.3 is amended to read as set forth in MMC 9.05.070. (Ord. 801, § 2 (Exh. A)).

9.10.250 Amendment of Residential Code Section R111.

Section R111 of the California Residential Code is amended by adding Section R111.4 to read as set forth in MMC 9.05.080. (Ord. 801, § 2 (Exh. A)).

9.10.255 Amendment of Residential Code Section R112.1.

Residential Code Section R112.1 of the California Residential Code is amended by adding Section R112.1.1 to read as set forth in MMC 9.05.090. (Ord. 801, § 2 (Exh. A)).

9.10.260 Amendment of Residential Code Section R302.1.

Residential Code Section R302.1 is amended by adding Section R302.1.1 to read as follows:

Section R302.1.1. Separation Distance Measurement.

Walls, projections, openings and penetrations in walls perpendicular to the line used to determine separation distances shall be measured from the finished face of the building.

(Ord. 801, § 2 (Exh. A)).

9.10.265 Amendment of Residential Code Section R309.6.

Residential Code Section R309.6 is amended to delete the “Exception” from the section. (Ord. 801, § 2 (Exh. A)).

9.10.270 Amendment of Residential Code Section R313.1.

Residential Code Section R313.1 “Exception” is amended to read as follows:

R313.1 TOWNHOUSE AUTOMATIC FIRE SPRINKLER SYSTEMS. An automatic residential fire sprinkler system shall be installed in new Townhouses. An automatic residential fire sprinkler system is required when additions and/or alterations to existing townhouse buildings with a total building floor area more than 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required exceeds 900 square feet in area or 20% of the total square footage of the entire completed building.

(Ord. 801, § 2 (Exh. A)).

9.10.275 Amendment of Residential Code Section R313.2.

Residential Code Section R313.2 is amended to read as follows:

R313.2 ONE- AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SPRINKLER SYSTEMS.

An automatic residential fire sprinkler system shall be installed in new one- and two-family dwellings.

1. An automatic residential fire sprinkler system is required when additions and/or alterations to existing one- and two-family dwellings, with a total building floor area more than 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required exceeds 900 square feet in area.

2. Detached structures classified as an Accessory Dwelling Unit (ADU), shall be protected with an automatic fire sprinkler system throughout where the primary dwelling is provided with an automatic fire sprinkler system. If work occurs within either building within a two-year period, of completion of the ADU, and in excess of 900 square feet in area fire sprinklers shall be provided throughout both buildings.

Exceptions:

1. Detached Group U Occupancies, of less than 1,200 square feet and located in excess of 10 feet from other buildings or structures on the property.

2. Additions or alterations of residential building that do not exceed 20% of the total square footage of the entire completed building.

3. Building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.

(Ord. 801, § 2 (Exh. A)).

9.10.280 Amendment of Residential Code Section R313.3.1.2.

Residential Code Section R313.3.1.2 is amended to read as follows:

Section R313.3.1.2 Required Sprinkler Locations.

Sprinklers shall be installed to protect all areas of a dwelling unit and any attached Group U Occupancies.

Exception:

1. Detached Group U Occupancies less than 1,200 square feet and separated from other buildings and structures on the property by at least ten (10) feet.

2. Sprinkler coverage shall be provided in the following locations:

a. Attic access openings

b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

(Ord. 801, § 2 (Exh. A)).

9.10.285 Amendment of Residential Code Section R313.3.2.

Residential Code Section R313.3.2. is amended to add Section R313.3.2.7 to read as follows:

Section R313.3.2.7 Additions and Alterations.

The standard for determining the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be determined by the following:

1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration.

2. The entire square footage shall be considered added or altered when at least fifty percent (50%) or greater interior wall sheeting or ceiling of any one wall within a room or area is new, removed, or replaced.

The size of additions and alterations used in calculating shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies:

When more than one (1) addition and/ or alteration for which building permits are required are submitted within a two (2) year period from the final closure of the initial permit, the sum of the size of these additions or alterations during this two (2) year period shall be aggregated for the purpose of determining calculations in Section R313.3.1.2.

Exception:

Building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.

(Ord. 801, § 2 (Exh. A)).

9.10.290 Amendment of Residential Code R313.3.2.

Section R313.3.2 of the California Residential Code is amended by adding Section R313.3.2.8 to read as follows:

Section R313.3.2.8 Partial Installations.

When a One- and Two-Family dwelling is partially retrofitted with an approved automatic sprinkler fire system pursuant to this section, the building’s fire extinguishing system shall be completed throughout the remainder of the building’s interior areas within two (2) years from completing the initial partial retrofit. The property owner shall file a deed restriction with San Mateo County Assessor’s Office and obtain a performance bond with Central County Fire Department to ensure completion of the fire sprinkler installation.

(Ord. 801, § 2 (Exh. A)).

9.10.295 Amendment of Residential Code Section R313.3.3.

Residential Code Section R313 is amended by adding Section R313.3.3.5 to read as follows:

Section R313.3.3.5 Inspector Test Valves.

Inspector Test Valves shall be provided for each system and located the furthest point away from the sprinkler riser for buildings greater than 3,600 square feet.

(Ord. 801, § 2 (Exh. A)).

9.10.300 Amendment of Residential Code Section R319.1.

Residential Code Section R319.1 is amended to read as set forth in MMC 9.05.130. (Ord. 801, § 2 (Exh. A)).

9.10.305 Amendment of Residential Code Section R902.1.2.

Residential Code Section R902.1.2 is amended to read as follows:

Section R902.1.2 Roof covering in all other areas.

The entire roof covering of every existing structure where more than 300 square feet 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 a roof of every existing structure, shall be a fire-retardant roof covering that is a least Class B.

(Ord. 801, § 2 (Exh. A)).

Article III. Electrical Code

9.10.405 Adoption of the California Electrical Code, 2022 Edition.

The code of rules and regulations published by the National Fire Protection Association under the title California Electrical Code, 2022 Edition, hereinafter collectively called the “electrical code,” prescribing regulations for the practical safeguarding of persons and property from hazards arising from the use of electricity and equipment installed, altered, repaired, relocated, replaced and maintained on all properties and structures located within this jurisdiction, together with the secondary publications referenced above, is adopted and by reference incorporated herein as if fully set forth as the electrical code of the city, establishing the rules, regulations and standards within this city as to all matters therein contained; subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the electrical code shall be enforceable to the same extent as if contained in the body of the electrical code.

The electrical code establishes the rules, regulations and standards within the city as to all matters therein contained, subject to the amendments set forth in this chapter. (Ord. 801, § 2 (Exh. A)).

9.10.410 Amendment of Electrical Code Article 100.

Electrical Code Article 100 definition “Accessible, Readily (Readily Accessible)” is amended to read as follows:

Accessible, Readily (Readily Accessible). Capable of being reached quickly outside of the building shell or structure for operation, renewal, or inspections without requiring those to whom ready access is requisite to take actions such as to use tools (other than keys), to climb over or under, to remove obstacles, or to resort to portable ladders, and so forth.

(Ord. 801, § 2 (Exh. A)).

9.10.415 Amendment of Electrical Code Article 89.108.4.1.

Electrical Code Article 89.108.4.1 is amended to add Article 89.108.4.1(d), Expiration of Permit, to read as set forth in MMC 9.05.040. (Ord. 801, § 2 (Exh. A)).

9.10.420 Amendment of Electrical Code Article 89.108.8.

Electrical Code Article 89.108.8 is amended by adding Article 89.108.8.4 to read as set forth in MMC 9.05.090, Appeals. (Ord. 801, § 2 (Exh. A)).

9.10.425 Amendment of Electrical Code Article 230.70 (A)(1).

Electrical Code Article 230.70(A)(1) is amended to read as follows:

Section 230.70 (A) (1) Readily Accessible Location.

The service disconnecting means shall be installed at a readily accessible location outside of a building shell or structure. If, due to structural or architectural conditions, it is not possible to place the main service disconnecting switch accessible from the outside, an electrical shunt trip shall be installed in a key box at a location approved by the administrative authority

(Ord. 801, § 2 (Exh. A)).

Article IV. Mechanical Code

9.10.505 California Mechanical Code, 2022 Edition, adopted.

The California Mechanical Code, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials and amended by the California Building Standards Commission, hereinafter called the “mechanical code,” prescribing regulations for the protection of the public health and safety, regulating and controlling the design, construction, erection, installation, quality of materials, alteration, repair, location, relocation, operation, replacement, and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances in the city, is adopted and by reference incorporated herein in this chapter as if fully set forth as the mechanical code of the city establishing the rules, regulations and standards within this city as to all matters therein contained; subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the mechanical code shall be enforceable to the same extent as if contained in the body of the building code.

The mechanical code establishes the rules, regulations and standards within this city as to all matters therein contained, subject to the amendments, additions and deletions set forth in this chapter. One copy of the mechanical code shall, at all times, be kept on file in the office of the building official. (Ord. 801, § 2 (Exh. A)).

9.10.510 Amendment of Mechanical Code Section 1.11.2.1.1.1.

Mechanical Code Section 1.11.2.1 1. is amended by to read as follows:

1.11.2.1.1.1 Enforcement. The responsibility for the enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal shall, except as provided in Section 1.11.2.1.2, be delegated to the City Building Official for the enforcement of the building standards as they relate to One- and Two-Family Dwellings, as described in Section R310.1 – Emergency Escape and Rescue Opening Required of the California Code of Regulations Title 24, Part. 2.5.

Exception: This section does not apply to Automatic Fire Extinguishing Systems designed and installed in accordance with California Residential Code Section R313.

(Ord. 801, § 2 (Exh. A)).

9.10.515 Amendment of Mechanical Code Section 104.3.2.

Section 104.3.2 of the California Mechanical Code is amended to read as set forth in MMC 9.05.050.

(Ord. 801, § 2 (Exh. A)).

9.10.520 Amendment of Mechanical Code Sections 104.4.3 and 104.3.1.

Mechanical Code Sections 104.4.3 and 104.3.1 are amended to read as set forth in MMC 9.05.040. (Ord. 801, § 2 (Exh. A)).

9.10.525 Amendment of Mechanical Code Section 104.4.4.

Mechanical Code Section 104.4.4 is amended to read as set forth in MMC 9.05.040. (Ord. 801, § 2 (Exh. A)).

9.10.530 Amendment of Mechanical Code Section 104.5 and Table 104.5.

Mechanical Code Section 104.5 and Table 104.5 are amended to read as set forth in MMC 9.05.050. (Ord. 801, § 2 (Exh. A)).

9.10.535 Amendment of Mechanical Code Section 104.5.1.

Mechanical Code Section 104.5.1 is amended to read as set forth in MMC 9.05.060. (Ord. 801, § 2 (Exh. A)).

9.10.540 Amendment of Mechanical Code Section 106.3.

Mechanical Code Section 106.3 is amended to add a new paragraph to read as set forth in MMC 9.05.210. (Ord. 801, § 2 (Exh. A)).

9.10.545 Amendment of Mechanical Code Section 106.5.

Mechanical Code Section 106.5 is amended to add two new paragraphs to read as set forth in MMC 9.05.070 and 9.05.080. (Ord. 801, § 2 (Exh. A)).

9.10.550 Amendment of Mechanical Code Section 107.1.1.

Mechanical Code Section 107.1 is amended to read as set forth in MMC 9.05.090. (Ord. 801, § 2 (Exh. A)).

Article V. Plumbing Code

9.10.605 California Plumbing Code, 2022 Edition, adopted.

The California Plumbing Code, 2022 Edition, as published by the International Association of Plumbing and Mechanical Officials and amended by the California Building Standards Commission, hereinafter called the “plumbing code,” prescribing regulations for the protection of the public health and safety, regulating and controlling the design, construction, erection, installation, quality of materials, alteration, repair, location, relocation, operation, replacement, and maintenance or use of plumbing systems in the city is adopted and by reference incorporated herein in this chapter as if fully set forth as the plumbing code of the city establishing the rules, regulations and standards within this city as to all matters therein contained; subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the building code shall be enforceable to the same extent as if contained in the body of the plumbing code.

The plumbing code establishes the rules, regulations and standards within the city as to all matters therein contained, subject to the amendments set forth in this chapter. One copy of the plumbing code will, at all times, be kept on file in the office of the building official. (Ord. 801, § 2 (Exh. A)).

9.10.610 Amendment to Plumbing Code Section 1.11.2.1.1.1.

Plumbing Code Section 1.11.2.1.1 is amended to read as follows:

1.11.2.1.1 ENFORCEMENT. The responsibility for the enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal shall, except as provided in Section 1.11.2.1.2, be delegated to the City Building Official for the enforcement of the building standards as they relate to One- and Two-Family Dwellings, as described in Section R310.1 – Emergency Escape and Rescue Opening Required of the California Code of Regulations Title 24,Part. 2.5.

Exception: This section does not apply to Automatic Fire Extinguishing Systems designed and installed in accordance with California Residential Code Section R313.

(Ord. 801, § 2 (Exh. A)).

9.10.615 Amendment to Plumbing Code Section 102.4.1.

Plumbing Code Section 102.4.1 is amended by adding Section 102.4.1.1 to read as follows:

Section 102.4.1.1 Private Sewer Laterals.

As a condition to obtaining a building permit, if more than twenty-five percent (25%) of the square footage of a structure is being remodeled, altered, or enlarged, or new plumbing fixtures are added, the applicant or property owner shall have all sewer laterals on the property inspected for compliance with the requirements set forth in MMC 8.20.460 or any other applicable requirement contained in MMC Chapter 8.20.

(Ord. 801, § 2 (Exh. A)).

9.10.620 Amendment to Plumbing Code Section 104.3.3.

Plumbing Code Section 104.3.3 of the California Plumbing Code is amended to read as set forth in MMC 9.05.030. (Ord. 801, § 2 (Exh. A)).

9.10.625 Amendment to Plumbing Code Sections 104.4.3 and 104.3.1.

Plumbing Code Sections 104.4.3 and 104.3.1 are amended to read as set forth in MMC 9.05.040. (Ord. 801, § 2 (Exh. A)).

9.10.630 Amendment to Plumbing Code Section 104.4.4.

Plumbing Code Section 104.4.4 is amended to read as set forth in MMC 9.05.040. (Ord. 801, § 2 (Exh. A)).

9.10.635 Amendment to Plumbing Code Section 104.5 and Table 104.5.

Plumbing Code Section 104.5 and Table 104.5 are amended to read as set forth in MMC 9.05.050. (Ord. 801, § 2 (Exh. A)).

9.10.640 Amendment to Plumbing Code Section 104.5.1.

Plumbing Code Section 104.5.1 of the California Plumbing Code is amended to read as set forth in MMC 9.05.060. (Ord. 801, § 2 (Exh. A)).

9.10.645 Amendment to Plumbing Code Section 106.3.

Plumbing Code Section 106.3 is amended to add a new paragraph, to read as set forth in MMC 9.05.120. (Ord. 801, § 2 (Exh. A)).

9.10.650 Amendment to Plumbing Code Section 107.1.

Plumbing Code Section 107.1 is amended by adding Section 107.1.1 to read as set forth in MMC 9.05.090. (Ord. 801, § 2 (Exh. A)).

Article VI. Fire Code

9.10.705 California Fire Code, 2022 Edition, adopted.

The code of rules, regulations and standards which contains building standards known as the 2022 California Fire Code (Title 24, Part 9, CFC and the International Fire Code, 2021 Edition, as amended by the state of California), and the nonbuilding standards known as the International Fire Code, 2021 Edition, together with all appendices, except Appendices A, D, P and J, and the state of California amendments, thereto hereinafter collectively called the “2022 California Fire Codes” (hereinafter “fire code”), and the Public Resources Code, Division 4, Section 4291, prescribing regulations governing conditions hazardous to life and property from fire, explosion, or wildfire and governing the maintenance of buildings and premises and safeguarding life, health, property and public welfare by regulating the storage, use and handling of dangerous and hazardous materials, substances and processes, and by regulating the maintenance of adequate egress facilities in the city of Millbrae is hereby adopted and by reference incorporated in this chapter as if fully set forth as the fire code of the city establishing the rules, regulations and standards within this city as to all matters therein contained; subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the fire code shall be enforceable to the same extent as if contained in the body of the fire code. One copy of the fire code shall, at all times, be kept on file in the office of the fire chief and building official.

9.10.710 Amendment of Fire Code Section 104.1.

Fire Code Section 104.1 is amended by adding subsection 104.1.1 to read as follows:

Section 104.1.1 FIRE CHIEF. Whenever the terms “Chief” or “Fire Chief” is used or appears in the Fire Code, such term shall be deemed and construed to mean the Fire Chief of the Central County Fire Department or his/her designated representative. Whenever the term “Fire Department” is used or appears in the Fire Code, such term shall be deemed and construed to mean the Central County Fire Department.

(Ord. 801, § 2 (Exh. A)).

9.10.715 Amendment of Fire Code Section 107.2.

Fire Code Section 107.2 is amended to read as follows:

Section 107. 2 FEES AND SPECIAL REQUIREMENTS. A permit shall not be issued until the fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The fees for the permits and other services shall be as established by the Central County Fire Department, as adopted by reference by resolution of the Millbrae City Council, as amended from time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be paid prior to engaging in the listed activities to the appropriate agency, City of Millbrae or Central County Fire Department, depending on the type of service.

1. The applicant for a given permit shall be exempt from the payment of such fees if applicant can show proof of non-profit status and obtains City Council approval.

2. The applicant for a given permit shall be exempt from the payment of fees when the work to be conducted is for the City of Millbrae under written contract to the City or for properties or events sponsored or co-sponsored by the City.

3. In the case of multiple permits for an applicant, the permit applicant will be charged the single highest listed rate of all the permits required. The other permittable items will be charged at a rate of fifty percent (50%) of the listed fee as long as the permits are for the same address.

4. All fire permits and fire construction permits will include a set number of inspections per permit as set forth by the Central County Fire Department Fee Schedule. Additional inspections and additional re-inspections will be billed at an hourly rate consistent with the Central County Fire Department Fee Schedule.

5. Application for “event” type permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date shall be charged double the regular permit rate as established by the Central County Fee Schedule.

6. “After Hours” inspections shall be invoiced at a rate of one and one-half time the normal hourly rate. “After Hours” inspections will be billed at a rate of three hours minimum. “After Hours” inspections are defined as inspections conducted outside of Central County Fire Department’s normal business hours.

7. Any person, group, organization, institution or business failing to pay the applicable fees under this Article for 30 days following the due date, for either existing or new permit applicants, shall be issued a citation for non-payment of the required permit fee. The penalty for all delinquent permit payments beyond 30 days shall be double the original fee.

(Ord. 801, § 2 (Exh. A)).

9.10.720 Amendment of Fire Code Section 107.4.

Fire Code Section 107.4 is amended to add Sections 107.4.1 and 107.4.2 to read as follows:

Section 107.4.1 INVESTIGATION.

Whenever construction or work for which a permit is required by this code, or any other code adopted or incorporated by reference as a part of this Chapter, has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. Demolition of all or part of a structure or system without a required permit shall be subject to the investigation and fees imposed by this section.

Section 107.4.2 FEES.

An investigation fee, in addition to any permit fees, shall be collected, whether or not a permit is then or subsequently issued. The investigation fee will be assessed based on the hourly rate consistent with the Central County Fire Department Fee Schedule. The investigation fee shall be determined by the Fire Chief and shall be based on the staff time reasonably required to resolve all issues related to the work performed without a permit. In addition, penalties may be assessed in accordance with this Chapter. No subsequent permit shall be issued until the investigation fee and any penalties are paid in full.

Nothing in this section shall relieve any persons from fully complying with the requirements of this code, or with any codes incorporated by reference and made a part of this code in the execution of the work, or from any other fees or penalties prescribed by law.

(Ord. 801, § 2 (Exh. A)).

9.10.725 Amendment of Fire Code Section 111.

Fire Code Section 111 is amended to read as follows:

Section 111. MEANS OF APPEALS

1. The Fire Chief shall be charged with the duty and responsibility of administering the provisions of this chapter.

2. Whenever it is provided herein that certain things shall be done in accordance with the order, opinion, or approval of the Fire Code Official, such order, opinion, or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order is erroneous or faulty, may appeal, except as otherwise provided in this chapter, to the Fire Chief in writing within ten (10) days after such order has been given. The Fire Chief shall affirm, modify or reverse the same within forty-eight (48) hours thereafter; provided further that, if dissatisfied with the Fire Chief’s ruling thereon, that person may appeal to the Millbrae City Manager within ten (10) days from the date of the Fire Chief’s ruling and the decision of the City Manager shall be final and conclusive. In the meantime, except in the cases of immediate hazard, the enforcement of the order shall be suspended until such person has exhausted his or her right of appeal as herein provided.

(Ord. 801, § 2 (Exh. A)).

9.10.730 Amendment of Fire Code Section 112.4.

Fire Code Section 112.4 is amended to read as follows:

Section 112.4 VIOLATIONS AND PENALTIES.

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, 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 of the provisions of the Fire Code.

Any person, firm or corporation violating any provision of the Fire Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not to exceed six months, or both fine and imprisonment. Each separate day or any portion thereof during which any violation of the Fire Code occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of the Fire Code.

(Ord. 801, § 2 (Exh. A)).

9.10.735 Amendment of Fire Code Section 315.2.

Fire Code Section 315.2 is amended to read as follows:

Section 315.2. PERMIT REQUIRED.

A permit for miscellaneous combustible materials shall be required as set forth in Section 105.5

EXCEPTION: Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, Division 1 Occupancy or Group R, Division 2 Occupancy, unless the method of storage is approved by the Central County Fire Department.

(Ord. 801, § 2 (Exh. A)).

9.10.740 Amendment of Fire Code Section 315.3.

Section 315.3 of the Fire Code is amended by adding Section 315.3.5 to read as follows:

Section 315.3.5 DESIGNATION OF STORAGE HEIGHTS

A. Designation of storage heights. Where required by the Central County Fire Department, a visual method of indicating the maximum allowable storage height shall be provided.

B. The approved visual method of indicating maximum allowable storage shall be a four (4”) inch wide line in contrasting color along a wall or storage rack.

(Ord. 801, § 2 (Exh. A)).

9.10.745 Amendment of Fire Code Section 503.3.

Fire Code Section 503.3 is amended by adding Section 503.3.1 to read as follows:

Section 503.3.1 FIRE LANE DESIGNATION.

Designation of fire lanes shall be by one of the following means:

1A. By outlining and hash marking the area in contrasting colors clearly marking it with the words “Fire Lane – No Parking.”

2. By identifying the space with a red curb upon which the words “Fire Lane – No Parking” are stenciled every 15 feet.

3. Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twenty-eight (28) feet in width.

4. At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over twenty-eight (28) and up to thirty-six (36) feet in width.

5. Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36) feet in width.

6. In areas where a red curb is not practical, and when approved by the fire official, white signs measuring 12 inches by 18 inches with red lettering not less than 1” in height stating, “Fire Lane No Parking”, and be posted adjacent to the fire lanes.

(Ord. 801, § 2 (Exh. A)).

9.10.750 Amendment of Fire Code Section 505.1.

Fire Code Section 505.1 is amended by adding Sections 505.1.1, 505.1.2, 505.1.3, 505.1.4 and 505.1.5 to read as follows:

Section 505.1.1. ADDRESS NUMBERS.

Size of numbers shall be as follows:

A. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum of one-half inch (1/2") stroke by six inches (6") high is required.

B. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one inch (1") strike by nine inches (9") high is required.

C. Where numerals are located on glazing, they shall be white in color.

Section 505.1.2 MULTI-TENANT BUILDINGS.

Numbers or letters shall be designated on all tenant spaces within a building. Size shall be a minimum of one-half inch (1/2") stroke by four inches (4") high and on a contrasting background. Directional address numbers or letters shall be provided. Directional signage and room use label signage shall be designed and posted in accordance with Chapter 11 of the Building Code and shall be either internally or externally illuminated in all new construction.

Section 505.1.3 REAR ADDRESSING.

When required by the Fire Chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with 505.1.1.

Section 505.1. UTILITY IDENTIFICATION.

In multi-unit commercial and residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legibly marked to identify the unit or space that they serve.

Section 505.1.5 ADU ADDRESSING.

Address for residential Accessory Dwelling Units shall be designated as unit “B” and utilize the same numerical address as the primary dwelling.

(Ord. 801, § 2 (Exh. A)).

9.10.755 Amendment of Fire Code Section 506.1.

Fire Code Section 506.1 is amended to read as follows:

Section 506.1 WHERE REQUIRED.

Where access to or within a structure or an area is restricted because of secure openings or where immediate access is necessary for lifesaving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain contents as required by the Fire Department. A key box shall be installed in accordance with Fire Department standards for all new buildings. For buildings with an existing key box, it shall be upgraded to current Fire Department standards at time of Building Permit issuance including modifications or alterations to front entrance of building.

An emergency gate key switch shall be installed on all new electronic driveway or entryway gates. The key switch shall conform to current Fire Department standards.

Required keys include but are not limited to a master entry key, elevator control, fire alarm control panels, fire sprinkler control valve access, and building utilities. Contents inside key box shall follow approved fire department standards. If the business/operation is required to have a Hazardous Material Inventory Statement (HMIS), the HMIS shall be included in the key box. Electronic key cards or keyless remotes may be provided as long as the locking system has a failsafe feature at loss of building power and doors are operational without a key or special knowledge.

(Ord. 801, § 2 (Exh. A)).

9.10.760 Amendment of Fire Code Section 507.2.

Fire Code Section 507.2 is amended by adding Section 507.2.1 to read as follows:

Section 507.2.1 PRIVATE HYDRANTS.

Whenever any on-site fire protection equipment or access ways have been installed as provided in this section, the following provision shall apply:

With respect to hydrants located along private access ways where curbs exist, said curbs shall be painted red or otherwise appropriately marked by the owner, lessee or other person in charge of the premises, to prohibit parking for a distance of 10 feet in either direction from such hydrant. In such cases where curbs do not exist, there shall be appropriate markings painted on the pavement, or signs erected, or both giving notice that parking is prohibited for a distance of 10 feet from any such hydrant. Hydrant caps shall be color-coded in accordance with NFPA 291 (National Fire Protection Association). The base of the hydrant shall be painted either reflective red or yellow.

(Ord. 801, § 2 (Exh. A)).

9.10.765 Amendment of Fire Code Section 508.1.

Fire Code Section 508.1.1 is amended by adding Sections 508.1.1.1 and 508.2 to read as follows:

Section 508.1.1.1 LOCATION AND ACCESS. The fire command center shall be equipped with an exterior door and be located at the exterior of the building at a location approved by the Fire Chief or designee.

Section 508.2 FIRE CONTROL ROOM. An approved fire control room shall be provided for all new buildings or buildings undergoing substantial improvements requiring protection by an automatic fire sprinkler system. The room shall only contain all main system control valves, fire alarm control panels ERRCS equipment, and other fire equipment required by the Fire Chief. Fire control rooms shall be located within the building at a location approved by the Fire Chief and shall be provided at grade with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control Rooms shall not be less than 35 square feet.

Exceptions:

1. Group R, Division 3 Occupancies.

2. Occupancies with a fire pump shall have a fire control room that is a minimum of 200 square feet.

3. In high-rise buildings, the fire control room shall not be less than 200 square feet.

(Ord. 801, § 2 (Exh. A)).

9.10.770 Amendment of Fire Code Section 604.

Fire Code Section 604 is amended to add Section 604.8 to read as follows:

Section 604.8. SHUNT TRIP PROHIBITED.

1. The elevator machine room shall be constructed with the minimum fire rating as the hoistway. For non-rated hoistways, the minimum rating shall be one hour throughout in accordance with Section 707 of the California Building Code for fire barriers.

2. Fire sprinklers at the top of the hoistway and inside the elevator machine room shall not be installed.

(Ord. 801, § 2 (Exh. A)).

9.10.775 Amendment of Fire Code Section 903.1.

Fire Code Section 903 is amended by adding Sections 903.1.2 and 903.1.3 to read as follows:

Section 903.1.2 ADDITIONS AND ALTERATIONS.

The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be:

1. The square footage of every room being added or altered shall be included in the calculation of total square footage or addition or alteration.

Section 903.1.3 Provisions for all sprinklered buildings:

1. When a commercial or multi -family building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building owner shall complete the fire extinguishing system retrofit throughout the unprotected building interior areas within six (6) years of completing the initial partial retrofit or within every tenant space where a building permit is obtained, whichever is less.

2. When a residential building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building fire extinguishing system retrofit shall be completed throughout the unprotected building interior areas within two (2) years from completing the initial partial retrofit.

(Ord. 801, § 2 (Exh. A)).

9.10.780 Amendment of Fire Code Section 903.

Fire Code Section 903.2 is amended to read as follows:

Section 903.2. WHERE REQUIRED.

Exceptions:

1. Detached Group U occupancies less than 1200 square feet.

(Ord. 801, § 2 (Exh. A)).

9.10.790 Amendment of Fire Code Section 903.2.10.

Fire Code Section 903.2.10 is amended by adding Sections 903.2.10.3 and 903.2.10.4 to read as follows:

Section 903.2.10.3 LITHIUM-ION BATTERIES IN VEHICLES.

Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum Extra Hazard, Group 2 for the coverage of charging stations and for 15’ in any direction of charging stations.

Section 903.2.10.4. Rooms or spaces which contain vehicle parking lifts or stacking systems shall be designed as an Extra Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level.

Exception: Buildings classified as single –family dwellings.

(Ord. 801, § 2 (Exh. A)).

9.10.795 Amendment of Fire Code Section 903.2.

Fire Code Section 903.2 is amended by adding Sections 903.2.22 and 903.2.23 to read as follows:

Section 903.2.22 EXISTING BUILDINGS AND STRUCTURES.

All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist:

2. Residential one- and two-family dwellings and structures with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 900 square feet in area.

Exceptions:

1. Group U occupancies less than 1200 square feet and separated from primary structure by a minimum of ten (10) feet.

2. Building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.

3. Additions or alterations of commercial multi-family residential, and one and two-family residential buildings that do not exceed 20% of the total square footage of the entire completed building.

Section 903.2.23 AGGREGATE.

Where more than one (1) addition and/ or alteration for which building permits are required are submitted within a two (2) year period from the closure date of the initial permit, the sum of the square footage of these additions or alterations shall be aggregated for the purpose of determining calculations in Section 903.1.2.

(Ord. 801, § 2 (Exh. A)).

9.10.800 Amendment of Fire Code Section 903.3.1.

Fire Code Section 903.3.1 is amended by adding Sections 903.3.1.4 to 903.3.1.6 to read as follows:

Section 903.3.1.4 INSPECTORS TEST VALVES.

Single-family residential fire sprinkler systems within buildings greater than 3600 square feet shall be equipped with an inspectors test valve for each system and located the furthest point away from the sprinkler riser.

Section 903.3.1.5 ADDITIONAL RESIDENTIAL SPRINKLER LOCATIONS.

The installation of a residential fire sprinkler system shall conform to the following:

1. Sprinklers shall be required throughout carports and garages.

Exception: Detached carports and garages less than 2,000 square feet in area and separated from residential buildings by a minimum of 10 feet.

2. Sprinkler coverage shall be provided in the following additional locations:

A. Attic access openings.

B. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

(Ord. 801, § 2 (Exh. A)).

9.10.805 Amendment of Fire Code Section 903.4.1.

Fire Code Section 903.4.1 is amended to read as follows:

Section 903.4.1 MONITORING.

For new fire sprinkler monitoring systems, the approved supervisory station shall be defined as a UL approved central receiving station.

EXCEPTION: One and two-family dwellings.

(Ord. 801, § 2 (Exh. A)).

9.10.810 Amendment of Fire Code Section 905.4.

Fire Code Section 905.4(1) is amended to read as follows:

In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate floor level landing between floors. See section 909.20 of the California Building Code for additional provisions in smoke-proof enclosures.

(Ord. 801, § 2 (Exh. A)).

9.10.815 Amendment of Fire Code Section 907.7.

Fire Code Section 907.7 is amended to read as follows:

907.7 Acceptance Test and Certification.

(Ord. 801, § 2 (Exh. A)).

9.10.820 Amendment of Fire Code Section 5003.5.

Fire Code Section 5003.5 is amended by adding Section 5003.5.2 to read as follows:

Section 5003.5.2. REQUIREMENTS.

Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel.

1. The signs shall be at least fifteen inches by fifteen inches (15” x 15”). The signs shall not be placed on windows.

2. When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6”x 6”).

3. The Fire Code Official may require fewer or more NFPA diamonds if the building configuration or size make it reasonably necessary.

(Ord. 801, § 2 (Exh. A)).

9.10.825 Amendment of Fire Code Section 5601.2.

Fire Code Section 5601.2 is amended to read as follows:

Section 5601.2 PERMIT REQUIRED.

Permits shall be required as set forth in Section 105.6 and regulated in accordance with this section.

1. The storage of blasting agents is prohibited within the City of Millbrae.

Exception: Storage of blasting agents are permitted within Industrial Zones.

2. The following exceptions to the prohibitions contained herein shall be allowed:

A. Temporary storage of explosives and blasting agents for use in connection with approved blasting operations.

B. Wholesale and retail stocks of small arms ammunition, explosive bolts, explosive-actuated power tools in quantities involving less than 500 pounds of explosives material, subject to the appropriate permit requirements of this code.

(Ord. 801, § 2 (Exh. A)).

9.10.830 Amendment of Fire Code Section 5707.6.

Fire Code Section 5707.6 is amended by adding Section 5707.6.5 to read as follows:

Section 5707.6.5 ADEQUATE LIGHTING.

Adequate site lighting shall be provided for all mobile fueling operations which are performed in dim or dark outdoor conditions. Acceptable means of lighting are flood or box lights which are self-standing or mountable.

(Ord. 801, § 2 (Exh. A)).

9.10.835 Addition of deposits of hazardous materials liability costs to fire code.

The following is added to the fire code:

DEPOSITS OF HAZARDOUS MATERIALS LIABILITY COSTS.

1. The Fire Department is authorized to clean up or abate the effects of any hazardous material deposited upon or into property or facilities in the city; and any person or persons who intentionally or negligently causes such deposit shall be liable for the payment of all costs incurred by the Fire Department as a result of such cleanup or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law.

2. For the purposes of this section, “hazardous materials” shall be defined under the law and as any substances or materials in a quantity or form which, in the determination of the Fire Chief or his authorized representative, poses an unreasonable and imminent risk to life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammables and corrosives.

3. For purposes of this section, costs incurred by the Fire Department shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including workers’ compensation benefits, fringe benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the city; and cost of any contract labor and materials.

4. Costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.

Any and all work performed or activity held for which a permit is required under MMC Title 9 and no such permit is obtained may be subject to a penalty in the amount of up to ten times the cost of the permit. Such penalty may be assessed at the discretion of the Fire Chief.

(Ord. 801, § 2 (Exh. A)).

Article VII. Green Building Standards Code

9.10.905 California Green Building Standards Code (CALGreen), 2022 Edition, adopted.

The code of rules and regulations known and designated as the California Green Building Code (CALGreen), 2022 Edition, with the California State amendments, hereinafter called CALGreen code, which establishes the minimum requirements for the effective use of green building in the design of new residential, commercial and industrial buildings and structures and also includes additions and alterations to all existing buildings and structures, is adopted and by reference incorporated in this chapter as if fully set forth as the green building code of the city establishing the rules, regulations and standards as to all matters therein contained, subject, however, to the amendments, additions and deletions set forth in this chapter. One copy of the CALGreen code shall, at all times, be kept on file in the office of the building official. The mandatory requirements of the adopted appendices to the green building code shall be enforceable to the same extent as if contained in the body of the green building code.

9.10.910 Amendment of CALGreen Code Section 202.

CALGreen Code Section 202 is amended to revise the definition of “Electrical Vehicle Charging Station (EVCS)” and add definitions related to an electric vehicle charging station to read as follows:

Automatic Load Management System (ALMS). A control system that allows multiple EV chargers or EV-Ready electric vehicle outlets to share an electrical circuit and automatically reduce power at each charger. ALMS systems must be designed to deliver at least 1.4kW to each EV Capable, EV Ready, or EVCS space served by the ALMS. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2022 California Green Building Code for the relevant building types.

Affordable Housing. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

Electric Vehicle (EV) Capable. A listed electrical panel with sufficient capacity to provide a minimum 20 amperes to a designated charging space. Raceways from the electrical panel to the charging space(s) shall be installed to a charging space(s) only in locations that will be inaccessible in the future, either underground or where penetrations through walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways shall be at least 1" diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The electric panel circuit directory shall identify the overcurrent protection device space(s) reserved for EV charging as “EV CAPABLE.” Construction documents shall identify the location of the raceway from the panel to the charging space.

Electric Vehicle Charging Station (EVCS). A parking space that includes installation of Electric Vehicle Supply Equipment (EVSE) per California Electrical Code and with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 Electric Vehicle (EV) Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement.

• Level 1 Electric Vehicle (EV) Ready Space.
A complete electric circuit with a minimum 20-ampere capacity, including electrical panel capacity, overcurrent protection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, conductors, and either:

a) A receptacle, labelled “Electric Vehicle Outlet” with a minimum 1/2" font, adjacent to the parking space, or.

b) Electric vehicle supply equipment (EVSE).

• Level 2 Electric Vehicle (EV) Ready Space.
A complete electric circuit with a minimum 208/240 Volt, 40-ampere capacity, including electrical panel capacity, overcurrent protection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, conductors, and either a) a receptacle, labelled “Electric Vehicle Outlet” with a minimum 1/2" font, adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes.

(Ord. 801, § 2 (Exh. A)).

9.10.915 Amendment of CALGreen Code Section 4.106.4.

CALGreen Code Section 4.106.4 “Exceptions” is amended to add the following exceptions:

3. Where there is no commercial power supply.

4. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities, unless the electrical panel is upgraded, or a new panel is installed in which case only the electrical capacity requirements apply.

5. Spaces accessible only by automated mechanical car parking systems.

(Ord. 801, § 2 (Exh. A)).

9.10.920 Amendment of CALGreen Code Sections 4.106.4.1 through 4.106.4.5.

CALGreen Code Sections 4.106.4.1 through 4.106.4.5 of the California Green Building Standards Code are amended to read as follows:

Section 4.106.4.1 New one- and two-family dwellings and town-houses with attached private garages.

For each dwelling unit, install a Level 2 EV Ready Space and Level 1 EV Ready Space.

Exception: For each dwelling unit with only one parking space, install a Level 2 EV Ready Space.

Section 4.106.4.1.1 Identification. The raceway termination location shall be permanently and visibly marked as “Level 2 EV-Ready.”

Section 4.106.4.2 New multifamily dwellings.

The following requirements apply to all new multifamily dwellings:

1. For multifamily buildings with less than or equal to 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 EV Ready Space.

2. When more than 20 multifamily dwelling units are constructed on a building site:

a). For the first 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 Ready Space.

b). For each additional dwelling unit over 20, 25% of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space and the remaining dwelling units with parking space(s) shall be provided with at least a Level 1 EV Ready Space. Calculations for the required minimum number of EV Ready Spaces shall be rounded up to the nearest whole number.

Exception: For all multifamily Affordable Housing, 10% of dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready Spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least a Level 1 EV Ready Space.

Notes:

1. ALMS may be installed to decrease electrical services and transformer capacity associated with EV Charging Equipment subject to review of the authority having jurisdiction.

2. Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis.

3. The requirements apply to multifamily buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking.

4. Multifamily residential building projects that have been granted entitlements within one year before the effective date of this ordinance shall provide at least ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, with Level 2 EV Ready Circuits. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number.

5. The City may consider allowing exceptions, on a case by case basis, if a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would exceed an average of $4,500 among parking spaces with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces. If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.

6. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for covered newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready Spaces.

Section 4.106.4.2.1.1 Electric vehicle charging stations (EVCS).

When EV chargers are installed, EV spaces shall comply with at least one of the following options:

1). The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2). The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1.

Note:

1). Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11B.

Section 4.106.4.2.2 Electric vehicle charging space (EV space) dimensions.

Refer to the City’s zoning regulations for parking space dimension requirements.

Section 4.106.4.2.3 Intentionally deleted.

Section 4.106.4.2.4 Intentionally deleted.

Section 4.106.4.2.5 Intentionally deleted.

(Ord. 801, § 2 (Exh. A)).

9.10.925 Amendment of CALGreen Code Section 5.106.5.3.

CALGreen Code Sections 5.106.5.3 to 5.106.5.3.4 are amended to read as follows:

Section 5.106.5.3 Electric vehicle (EV) charging.

[N] New construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate future installation and use of EV chargers. Electrical vehicle supply equipment (EVSE) shall be installed in accordance with the California Building Code, the Electrical Code.

Exceptions:

1). Where there is no commercial power supply.

2). Spaces accessible only by automated mechanical car parking systems.

Section 5.106.5.3.1 Office buildings: In non-residential new construction buildings designated primarily for office use with parking:

1). When 10 or more parking spaces are constructed, 10% of the available parking spaces on site shall be equipped with Level 2 EVCS;

2). An additional 10% shall be provided with at least Level 1 EV Ready Spaces; and

3). An additional 30% shall be at least EV Capable.

Calculations for the required minimum number of spaces equipped with Level 2 EVCS, Level 1 EV Ready Spaces and EV Capable spaces shall all be rounded up to the nearest whole number.

Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1" and sufficient for installation of EVCS at all required Level 1 EV Ready and EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including Level 1 EV Ready and EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.

Note:

1). ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS.

Section 5.106.5.3.2 Other non-residential buildings: In non-residential new construction buildings that are not designated primarily for office use, such as retail or institutional uses:

1. When 10 or more parking spaces are constructed, 6% of the available parking spaces on site shall be equipped with Level 2 EVCS;

2. An additional 5% shall be at least Level 1 EV Ready.

Calculations for the required minimum number of spaces equipped with Level 2 EVCS and Level 1 EV Ready Spaces shall be rounded up to the nearest whole number.

Exception: Installation of each Direct Current Fast Charger with the capacity to provide at least 80 kW output may substitute for 6 Level 2 EVCS and 5 EV Ready Spaces after a minimum of 6 Level 2 EVCS and 5 Level 1 EV Ready Spaces are installed.

Section 5.106.5.3.3 Clean Air Vehicle Parking Designation. EVCS qualify as designated parking as described in Section 5.106.5.2 Designated Parking for Clean Air Vehicles.

Notes:

1). The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Policies & Directives number 13-01. www.dot.ca.gov/hq/traffops/policy/13-01.pdf.

2). See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces.

3). The Governor’s Office of Planning and Research published a Zero-Emission Vehicle Community Readiness Guidebook which provides helpful information for local governments, residents and businesses. www.opr.ca.gov/docs/ZEV_Guidebook.pdf.

4). Section 11B-812 of the California Building Code requires that a facility providing EVCS for public and common use also provide one or more accessible EVCS as specified in Table 11B-228.3.2.1.

5). It is encouraged that EV Ready Spaces in shared parking are designated as “EV preferred.”

5.106.5.3.4 [N] Identification. The raceway termination location shall be permanently and visibly marked as “EV Ready.”

(Ord. 801, § 2 (Exh. A)).

Article VIII. Energy Code

9.10.1005 California Energy Code, 2022 Edition, adopted.

The code of rules and regulations known and designated as the California Energy Code, 2022 Edition, with the California State Amendments, hereinafter called the energy code, which establishes the minimum requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings, is adopted and by reference incorporated in this chapter as if fully set forth as the energy code of the city establishing the rules, regulations and standards as to all matters therein contained, subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the energy code shall be enforceable to the same extent as if contained in the body of the energy code. One copy of the energy code shall, at all times, be kept on file in the office of the building official.

9.10.1010 Amendment to Energy Code Section 100.0(e).

Energy Code Section 100.0(e) is amended to read as follows:

(e) Sections applicable to particular buildings. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a).

1. All buildings. Sections 100.0 through 110.12 apply to all buildings.

EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A.

2. Newly constructed buildings.

A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable and shall be an All-Electric Building as defined in Section 100.1(b). For the purposes of All-Electric Building requirements, newly constructed buildings as defined in Section 100.1 shall not include newly constructed additions and tenant improvements in existing buildings.

Exception 1: Non-Residential Buildings containing a Scientific Laboratory Building, such area may contain a non-electric Space Conditioning System.

Exception 2: All one family, two family, ADUs, and low-density residential buildings may contain non-electric Cooking Appliances and Fireplaces.

Exception 3: Multifamily residential building projects that have been granted entitlements within one year or less before the effective date of this ordinance are not required to install all-electric water heating systems. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below.

Exception 4: Public agency owned and operated emergency centers.

Exception 5: If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the Energy Code, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method, then the Community Development Director or his/her designee may grant a modification. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below.

Exception 6: Non-residential buildings containing a for-profit restaurant open to the public or a commercial kitchen may install gas-fueled cooking appliances.

Note 1: If natural gas appliances are used in any of the above exceptions 1-6, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation. They shall include the following:

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 of the conductor or conduit shall be labeled with the words “For Future Electric appliance” and be electrically isolated;

3. A circuit breaker shall be installed in the electrical panel for the branch circuit and 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.

Note 2: If any of the exceptions 1-5 are granted, the Building Official shall have the authority to approve alternative materials, design, and methods of construction or equipment per CBC 104.

(Ord. 801, § 2 (Exh. A)).

9.10.1015 Amendment to Energy Code Section 100.1(b).

Energy Code Section 100.1(b) is amended by adding the following definitions to read as follows:

ALL ELECTRIC BUILDING: is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All Electric Buildings may include solar thermal pool heating.

SCIENTIFIC LABORATORY BUILDING: is a building or area where research, experiments, and measurement in medical, and life sciences are performed and/or stored requiring examination of fine details. The building may include workbenches, countertops, scientific instruments, and supporting offices.

(Ord. 801, § 2 (Exh. A)).

9.10.1020 Amendment to Energy Code Section 110.2.

Energy Code Section 110.2, first paragraph is amended to read as follows:

Certification by Manufacturers. Any space-conditioning equipment listed in this section, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section.

(Ord. 801, § 2 (Exh. A)).

9.10.1025 Amendment to Energy Code Section 110.3(a).

Energy Code Section 110.3(a) is amended to read as follows:

(a) Certification by Manufacturers. Any service water-heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment.

(Ord. 801, § 2 (Exh. A)).

9.10.1030 Amendment to Energy Code Section 110.4(a).

Energy Code Section 110.4(a) is amended to read as follows:

(a) Certification by Manufacturers. Any pool or spa heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment has all of the following:

1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations; and

2. On-off switch. A readily accessible on-off switch, mounted on the outside of the heater that allows shutting off the heater without adjusting the thermostat setting; and

3. Instructions. A permanent, easily readable, and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and

4. Electric resistance heating. No electric resistance heating.

Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tightfitting covers that are insulated to at least R-6.

Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy.

(Ord. 801, § 2 (Exh. A)).

9.10.1035 Amendment to Energy Code Section 110.5.

Energy Code Section 110.5, first paragraph, is amended to read as follows:

Any equipment, meeting the requirements of Section 100.0 (e)2A, listed below may be installed only if it does not have a continuously burning pilot light:

(Ord. 801, § 2 (Exh. A)).

9.10.1040 Amendment to Energy Code Section 140.0(b).

Energy Code Section 140.0(b) is amended to read as follows:

(b) The requirements of Sections 120.0 through 130.5 (mandatory measures for nonresidential, high-rise residential and hotel/motel buildings) and for all newly constructed buildings:

1. A solar photovoltaic (PV) system equivalent in size to 50 percent of the roof area, excluding any skylight area, shall be installed on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building or on covered parking installed with the building project.

Exception 1 to 140.0(b)1: The Community Development Director or his/her designee may grant a modification if the applicant demonstrates that the required percentage of PV installation will over-generate the annual kWh required to operate the proposed building;

Exception 2 to 140.0(b)1: The PV system size may be reduced in size to the maximum that can be accommodated by the effective annual solar access due to shading from existing permanent natural or manmade barriers external to the building, including but not limited to trees, hills, and adjacent structures. The effective annual solar access shall be 70 percent or greater of the output of an unshaded PV array on an annual basis. No PV system is required if the effective annual solar access is restricted to less than 200 contiguous square feet. If the applicant demonstrates that conditions exist where excessive shading occurs, a performance equivalency approved by the Building Official may be used as an alternative;

Exception 3 to 140.0(b)1: If there is a vegetative roof which meets all relevant code requirements including considerations for wind, fire, and structural loads, the solar photovoltaic system may be reduced in size such that 50 percent area of the roof is covered in either photovoltaics or vegetative roof.

(Ord. 801, § 2 (Exh. A)).

Article IX. Property Maintenance Code

9.10.1105 International Property Maintenance Code, 2022 Edition, adopted.

The International Property Maintenance Code, 2022 Edition, is adopted and by reference incorporated in this chapter as if fully set forth as the property maintenance code of the city for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and providing the standards for the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided. One copy of the International Property Maintenance Code shall, at all times, be kept on file in the office of the building official. (Ord. 801, § 2 (Exh. A)).

Article X. Administrative Code

9.10.1205 California Administrative Code, 2022 Edition, adopted.

The code of rules and regulations known and designated as the California Administrative Code, 2022 Edition, published by California Building Standards Commission, hereinafter called the “administrative code,” identifying state agencies and their statute authority for the regulation of various construction types and uses and the delegation of that authority to local jurisdictions, is adopted and by reference incorporated herein as if fully set forth as the administrative code of the city establishing the rules, regulations and standards within the city as to all matters therein contained. One complete set of building codes shall at all times be kept on file in the office of the city building official. (Ord. 801, § 2 (Exh. A)).

Article XI. Historical Building Code

9.10.1305 California Historical Building Code, 2022 Edition, adopted.

The code of rules and regulations known and designated as the California Historical Building Code, 2022 Edition, published by the International Code Council and as amended by the California Building Standards Commission, hereinafter called the “historical building code,” providing regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as historical buildings or properties, is adopted and by reference incorporated in this chapter as if fully set forth as the historical building code of the city establishing the rules, regulations and standards within this city as to all matters therein contained. (Ord. 801, § 2 (Exh. A)).

Article XII. Existing Building Code

9.10.1405 California Existing Building Code, 2022 Edition, adopted.

The code of rules and regulations known and designated as the California Existing Building Code, 2022 Edition, published by the International Code Council and as amended by the California Building Standards Commission, hereinafter called the “existing building code,” which establishes the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation is adopted and by reference incorporated in this chapter as if fully set forth as the existing building code of the city establishing the rules, regulations and standards as to all matters therein contained, subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the existing building code shall be enforceable to the same extent as if contained in the body of the existing building code. One copy of the existing building code shall, at all times, be kept on file in the office of the city building official. (Ord. 801, § 2 (Exh. A)).

9.10.1410 Amendment of Existing Building Code Sections [A] 105.1.1 and [A] 105.1.2.

Existing Building Code Sections [A] 105.1.1 and [A] 105.1.2 are hereby deleted. (Ord. 801, § 2 (Exh. A)).

9.10.1415 Amendment of Existing Building Code Section [A] 105.3.2.

Existing Building Code Section [A] 105.3.2 is amended to read as set forth in MMC 9.05.030. (Ord. 801, § 2 (Exh. A)).

9.10.1420 Amendment of Existing Building Code Sections [A] 105.5 and 105.5.1 [BSC].

Existing Building Code Sections [A] 105.5 and 105.5.1 are amended to read as set forth in MMC 9.05.040. (Ord. 801, § 2 (Exh. A)).

9.10.1425 Amendment of Existing Building Code Sections [A] 108.2 and [A] 108.3.

Existing Building Code Sections [A] 108.2 and [A] 108.3 are amended to read as set forth in MMC 9.05.050. (Ord. 801, § 2 (Exh. A)).

9.10.1430 Amendment of Existing Building Code Section [A] 111.3, Authority to Disconnect Service Utilities.

Existing Building Code Section [A] 111.3 is amended to read as set forth in MMC 9.05.070. (Ord. 801, § 2 (Exh. A)).

9.10.1435 Amendment of Existing Building Code Section [A] 112.1.

Existing Building Code Section [A] 112 of the California Existing Building Code is amended to add Section [A] 112.1.1 to read as set forth in MMC 9.05.090. (Ord. 801, § 2 (Exh. A)).