Chapter 15.04 BUILDING AND INTERNATIONAL CODES ADOPTED

There is hereby adopted by reference by the city council, for the purpose of prescribing regulations for the erection, construction, enlargement, alteration, repair, improvement, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the following codes: the California Building Code, 2019 Edition, based on the 2018 International Building Code, as published by the International Code Council; the California Residential Code, 2019 Edition, based on the 2018 International Residential Code, as published by the International Code Council; the California Plumbing Code, 2019 Edition, based on the 2018 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, including the appendices; the California Mechanical Code, 2019 Edition, based on the 2018 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials; the California Electrical Code, 2019 Edition, based on the 2017 National Electrical Code as published by the National Fire Protection Association; the California Green Building Standards Code, 2019 Edition as published by the California Building Standards Commission; the International Property Maintenance Code, 2018 Edition, as published by the International Code Council; and the California Fire Code, 2019 Edition, based on the 2018 International Fire Code, as published by the International Code Council including the appendices, together with omissions, amendments, exceptions and additions thereto as set forth in this chapter.

The provisions of the foregoing codes, as amended by this chapter, shall constitute the building regulations of the city of Seaside. Where the California Code of Regulations and/or California Building Standards Code differ from any provisions of the building regulations of the city, said stricter state regulations shall govern. (Ord. 1070 § 2, 2019)

15.04.020 Adoption of the California Building Code.

A. Except as otherwise provided for in this chapter, the California Building Code, 2019 Edition, Volumes I, II, including appendices thereto, together with those omissions, amendments, exceptions and additions thereto as set forth in Title 24, Part 2 of the California Code of Regulations, are approved and adopted by reference, and made a part hereof as if fully set forth herein.

B. One copy of the California Building Code has been filed for use and examination by the public in the office of the building official of the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.030 Portions of the California Building Code not approved, adopted or incorporated by reference.

The following portions of the California Building Code, 2019 Edition, and/or appendices thereto, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter or a part of the building code of the city of Seaside: all of the appendices with the exception of the following appendices or portions thereof:

A. Appendix H, Signs.

B. Appendix I, Patio Covers.

C. Appendix J, Grading. (Ord. 1070 § 2, 2019)

15.04.031 Section 105.2 of Chapter 1 of the California Building Code amended.

Section 105.2 is hereby amended to read as follows:

105.2 Work exempt from a permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

1. One-story detached accessory structures and portable structures used as tool and storage sheds, playhouses and other similar uses, accessory to single-family dwellings if less than one hundred twenty square feet in gross floor area. Exempt structures shall comply with the front, side, and rear setback requirements, lot coverage, maximum height and minimum clearances from the main residence and other structures. Unpermitted accessory structures shall not be equipped with electrical, plumbing or mechanical features that would otherwise require a permit. Land/sea cargo containers do not qualify as residential accessory structures.

2. Residential retaining walls not exceeding four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

3. Residential decks, platforms, on-site paths, and driveways that do not exceed (18") eighteen inches above natural grade, are not part of an accessible route, do not serve as a required landing at a door, do not exceed the allowable lot coverage for impermeable surfaces, and comply with front, side and rear setback requirements where applicable.

4. Residential painting, papering, tiling, carpeting, cabinets and countertops, other than kitchen countertops having electrical receptacle spacing requirements.

(Ord. 1070 § 2, 2019)

15.04.032 Section 105.3.2 of Chapter 1 of the California Building Code amended.

Section 105.3.2 is hereby amended to read as follows:

105.3.2 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of the application shall expire, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond control of the applicant have prevented action from being taken and the extension has been submitted in writing prior to the expiration date.

If a permit has not been obtained after the first extension, additional extensions of 90 days may be granted provided the applicant submits this request in writing prior to the expiration date AND pays a fee as established by resolution of the City Council for each requested 90 day extension, provided a new code has not been adopted and the project has not changed in scope.

Exception: If a project has been approved by the City pending an outside agency approval prior to expiration, written extensions will not be required.

(Ord. 1070 § 2, 2019)

15.04.032.1 Section 105.5 of the California Building Code amended.

Section 105.5 is hereby amended to read as follows:

105.5 Expiration of Permits. Every permit issued by the building official under the provisions of the technical codes shall expire and become null and void, if the project authorized by such permit has not achieved an approval for one of the required inspections identified in section 110.3 of the 2019 California Building Code within 180 days of issuance of such permit.

The building official may grant a one-time permit extension of 180 (one-hundred eighty) days provided the applicant submits a request in writing prior to the permit expiration and the project has not changed in scope. Additional extension requests of one hundred and eighty (180) days may be granted by the building official if the request is made in writing prior to the expiration date, the project has not changed in scope, the project has obtained at least one inspection approval AND the applicant pays a fee as established by resolution of the City Council for each one hundred and eighty (180) day extension provided a new code has not been adopted.

Before work can commence or recommence under an expired permit, a new permit application must be submitted and a permit obtained along with all applicable fees as a new project.

All existing projects are subject to this section and will be subject to the conditions listed above.

(Ord. 1070 § 2, 2019)

15.04.032.2 Section 109.4 of Chapter 1 of the California Building Code amended.

Section 109.4 is hereby amended to read as follows:

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee, in addition to the permit fee, which shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the adopted permit fee.

Subsequent un-permitted work by the same permittee shall result in a progressive investigation fee being accessed, second violation would result in a three times the permit fee for the investigation fee, a third violation would result in a four times the permit fee for the investigation fee, a fourth violation would result in a five times the permit fee for the investigation fee, and so on to a maximum of a ten times the permit fee for the investigation fee.

The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law.

(Ord. 1070 § 2, 2019)

15.04.032.3 Section 111.2 of Chapter 1 of the California Building Code amended.

Section 111.2 is hereby amended to read as follows:

111.2 Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contain the following:

1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of that portion of the building for which the certificate is issued.

5. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The design occupant load.

(Ord. 1070 § 2, 2019)

15.04.033 Section 1705.3 of Chapter 17 of the California Building Code amended.

Section 1705.3 is hereby amended to read as follows:

1705.3 Concrete construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

Exception: Special inspections shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa).

(Ord. 1070 § 2, 2019)

15.04.034 Section 1905.1.8 of Chapter 19 of the California Building Code amended.

Section 1905.1.8 is hereby amended to read as follows:

1905.1.8 ACI 318, section 22.10. Delete ACI 318, Section 22.10, and replace with the following:

22.10 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one- and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.

(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception:

1. In detached one- and two-family dwellings three stories or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross–sectional area of the footing.

(Ord. 1070 § 2, 2019)

15.04.035 Adoption of the California Residential Code.

A. Except as otherwise provided for in this chapter, the California Residential Code, 2019 Edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as set forth in Title 24, Part 2.5 of the California Code of Regulations, are approved and adopted by reference, and made a part hereof as if fully set forth herein.

B. One copy of the California Residential Code has been filed for use and examination by the public in the office of the building official of the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.036 Portions of the California Residential Code not approved, adopted or incorporated by reference.

The following portions of the California Residential Code, 2019 Edition, and/or appendices thereto, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter or a part of the building code of the city of Seaside: all of the appendices with the exception of the following appendices or portions thereof: Section R313 is deleted in its entirety, and all of the appendices with the exception of the following appendices or portions thereof:

A. Appendix G, Swimming Pools and Hot Tubs. (Ord. 1070 § 2, 2019)

15.04.037 Section R105.5, Expiration of Permit.

Section R105.5 is hereby amended to read as follows:

R105.5 Expiration of Permit or Plan Review.

R105.5.1 Expiration of Permit. Every permit issued by the building official under the provisions of the technical codes shall expire and become null and void, if the project authorized by such permit has not achieved an approval for one of the required inspections identified in section 110.3 of the 2013 California Building Code within 180 days of issuance of such permit.

Before work can commence or recommence under an expired permit, a new permit application must be submitted and permit obtained along with all applicable fees as a new project.

All existing projects are subject to this section and will be subject to the conditions listed above.

R105.5.1 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of the application shall expire, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond control of the applicant have prevented action from being taken and the extension has been submitted in writing prior to the expiration date.

Exception: If a project has been approved by the City pending an outside agency approval prior to expiration, written extensions will not be required.

(Ord. 1070 § 2, 2019)

15.04.038 Section R302.1 of the California Residential Code amended.

Section R302.1 is hereby amended as follows:

Delete Section R302.1 “exceptions” in its entirety. (Seaside Municipal Code is more restrictive.) (Ord. 1070 § 2, 2019)

15.04.039 Table R302.6 of the California Residential Code amended.

Table R302.6 is hereby amended to read as follows:

“Not less than 5/8" type X” in all columns in the table.

(Ord. 1070 § 2, 2019)

15.04.040 Section R313.1 of the California Residential Code amended.

Section R313.1 is hereby amended as follows:

Delete Section R313.1 “exception” in its entirety. (Seaside’s amended fire code is more restrictive.) (Ord. 1070 § 2, 2019)

15.04.041 Section R313.2 of the California Residential Code amended.

Section R313.2 is hereby amended as follows:

Delete Section R313.2 “exception” in its entirety. (Seaside’s amended fire code is more restrictive.) (Ord. 1070 § 2, 2019)

15.04.042 Section R403.1.3 of the California Residential Code amended.

Section R403.1.3 is hereby amended to read as follows:

R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

(Ord. 1070 § 2, 2019)

15.04.043 Section R602.10.4 and Table R602.10.3(3) of the California Residential Code amended.

Section R602.10.4 and Table R602.10.3(3) are hereby amended to read as follows:

2013 CRC Section R602.10.4 and Table R602.10.3(3)

Add a new footnote “e” to the end of CRC Table R602.10.3(3), to read:

e. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures.

Add the “e” footnote notation in the title of Table R602.10.3(3) to read:

TABLE R602.10.3(3)e

Add a new subsection R602.10.4.4, to read:

R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single family dwellings and accessory structures.

(Ord. 1070 § 2, 2019)

15.04.044 Section R902.1.1 of the California Residential Code amended.

Section R902.1.1 is hereby amended to read as follows:

R902.1.1 Roof coverings within ALL fire hazard severity zones. Any new roof on a new or existing structure, and any re-roofing of an existing structure of 50% or more of the total roof area within a one-year period shall be of a fire retardant roof or class A roof.

(Ord. 1070 § 2, 2019)

15.04.045 Adoption of the California Plumbing Code.

A. Except as otherwise provided for in this chapter, the California Plumbing Code, 2019 Edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as set forth in Title 24, Part 5 of the California Code of Regulations, are approved and adopted by reference, and made a part hereof as if fully set forth herein.

B. One copy of the California Plumbing Code has been filed for use and examination by the public in the office of the building official of the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.050 Reserved.

(Ord. 1070 § 2, 2019)

15.04.060 Portions of the California Plumbing Code not approved, adopted or incorporated by reference.

The following portions of the California Plumbing Code, 2019 Edition, and/or appendices thereto, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter or a part of the plumbing code of the city of Seaside: all of the appendices with the exception of the following appendices or portion thereof:

A. Appendix G, Graywater Systems.

B. Appendix I, Installation Standards. (Ord. 1070 § 2, 2019)

15.04.070 Adoption of the California Mechanical Code.

A. Except as otherwise provided for in this chapter, the California Mechanical Code, 2019 Edition, including the appendices, together with those omissions, amendments, exceptions and additions thereto as set forth in Title 24, Part 4 of the California Code of Regulations, are approved and adopted by reference, and made a part hereof as if fully set forth herein.

B. One copy of the California Mechanical Code has been filed for use and examination by the public in the office of the building official of the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.080 Reserved.

(Ord. 1070 § 2, 2019)

15.04.090 Adoption of the California Electrical Code.

A. Except as otherwise provided for in this chapter, the California Electrical Code, 2019 Edition, together with those omissions, amendments, exceptions and additions thereto as set forth in Title 24, Part 3 of the California Code of Regulations, are approved and adopted by reference, and are hereby incorporated in this chapter by reference and made a part hereof as if fully set forth herein.

B. One copy of the California Electrical Code has been filed for use and examination by the public in the office of the building official of the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.100 Adoption of the California Green Building Standards Code.

A. Except as otherwise provided for in this chapter, the California Green Building Standards Code, 2019 Edition, including the appendices, together with those omissions, amendments, exceptions and additions thereto as set forth in Title 24, Part 4 of the California Code of Regulations, are approved and adopted by reference, and made a part hereof as if fully set forth herein.

B. One copy of the California Green Building Standards Code has been filed for use and examination by the public in the office of the building official of the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.110 Portions of the California Green Building Standards Code not approved, adopted or incorporated by reference.

The following portions of the California Green Building Standards Code, 2019 Edition, and/or appendices thereto, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter or a part of the green building standards of the city of Seaside: all of the appendices. (Ord. 1070 § 2, 2019)

15.04.120 Adoption of the California Energy Code.

A. Except as otherwise provided for in this chapter, the California Energy Code, 2019 Edition, including the appendices, together with those omissions, amendments, exceptions and additions thereto as set forth in Title 24, Part 4 of the California Code of Regulations, are approved and adopted by reference, and made a part hereof as if fully set forth herein.

B. One copy of the California Energy Code has been filed for use and examination by the public in the office of the building official of the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.130 Adoption of the International Property Maintenance Code.

A. The International Property Maintenance Code, 2018 Edition, is hereby adopted by reference and made a part hereof as if fully set forth herein.

B. One copy of the International Property Maintenance Code has been filed for use and examination by the public in the office of the building official of the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.140 Amendments to the 2018 International Property Maintenance Code.

The text of the 2018 International Property Maintenance Code, as adopted and amended by SMC 15.04.130, is further amended to conform to the current California Building Standards Code and as recommended by the building official as follows:

Delete the following references	Insert the following references
International Building Code and International Residential Code	Current California Building Code and current California Residential Code
International Mechanical Code	Current California Mechanical Code
International Electrical Code	Current California Electrical Code
International Fire Code	Current California Fire Code
International Plumbing Code	Current California Plumbing Code
International Existing Building Code	Current California Existing Building Code
International Zoning Code	City of Seaside – Zoning Ordinance
International Fuel Gas Code	Current California Plumbing Code
Name of jurisdiction	City of Seaside
Jurisdiction to insert appropriate schedule	Current fees established by resolution of the city council
Board of appeals	Hearing officer appointed by the city manager
Code Official or Health Official	Building official or his/her designee

(Ord. 1070 § 2, 2019)

15.04.141 Section [A] 102.7.1 of the 2018 International Property Maintenance Code amended.

Section [A] 102.7.1 of the 2018 International Property Maintenance Code is amended as follows:

[A] 102.7.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where conflicts occur between the provisions of this code and California Statutes, the provisions of the latter shall apply.

(Ord. 1070 § 2, 2019)

15.04.142 Section [A] 103 of the 2018 International Property Maintenance Code amended.

Section [A] 103 of the 2018 International Property Maintenance Code is amended as follows:

[A] 103.1 General. The Building Official in charge of the Seaside Building & Code Department shall be known as the code official in this chapter.

[A] 103.3 Deputies. The code official shall have the authority to appoint one or more deputies. Such employees shall have the powers as delegated by the code official.

[A] 103.4 Liability. The code official or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.

(Ord. 1070 § 2, 2019)

15.04.143 Section [A] 104 of the 2018 International Property Maintenance Code amended.

Section [A] 104 of the 2018 International Property Maintenance Code is amended as follows:

[A] 104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by the code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

(Ord. 1070 § 2, 2019)

15.04.144 Section [A] 108 of the 2018 International Property Maintenance Code amended.

Section [A] 108 of the 2018 International Property Maintenance Code is amended as follows:

[A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned and shall be posted and vacated in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

[A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to Title 15; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

[A] 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure boarded according to Appendix A or fenced, so as not to be an attractive nuisance and/or to prevent entry. Upon failure of the owner or owner’s authorized agent to board the premises within the time specified in the order, the code official shall cause the premises to be boarded and secured through any available public agency or by contract or arrangement by private persons and the cost for such boarding shall be a debt owed by the owner, shall be charged against the real property upon which the structure is located, and shall be a lien upon such real property and shall be collected by any legal means.

[A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, the code official shall obtain a preliminary or survey title report as to the building, structure, or premises, which shall identify all owners of record, holders of mortgages, deeds of trust or other liens and encumbrances of record. In accordance with section 107.3 of this code, the code official shall serve the persons listed in the preliminary or survey title report with notice described in section 107.2 of this code. In addition, the notice shall be posted in a conspicuous place on in or about the structure or premises affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.

[A] 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action was based has been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code and applicable state law and Title 15.

[A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who occupies a placarded premises or operates placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who lets anyone occupy a condemned premises or operate condemned equipment shall be liable for the penalties provided by this code and Title 15.

(Ord. 1070 § 2, 2019)

15.04.145 Section [A] 109 of the 2018 International Property Maintenance Code amended.

Section [A] 109 of the 2018 International Property Maintenance Code is amended as follows:

[A] 109.5 Costs of emergency repairs. Cost incurred in the performance of emergency work may be paid by the city. Such costs shall be a debt owed to the city by the owner. The city attorney may institute appropriate legal action against the owner of the premises or the owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.

[A] 109.6 Appeal. Once the emergency work has been completed, the owner may appeal the need for the emergency repairs and/or the costs for such work, in the manner provided in Sections 17.36.120 and 17.36.130 within seven calendar days after service according to Section 107 of this code of the statement of costs.

(Ord. 1070 § 2, 2019)

15.04.146 Section [A] 110 of the 2018 International Property Maintenance Code amended.

Section [A] 110 of the 2018 International Property Maintenance Code is amended as follows:

[A] 110.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official may cause the structure to be demolished and removed according to the procedure set forth in Seaside Municipal Code section 2.58.040(A)(3)(c).

(Ord. 1070 § 2, 2019)

15.04.147 Section [A] 111 of the 2018 International Property Maintenance Code amended.

Section [A] 111 of the 2018 International Property Maintenance Code is amended as follows:

[A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code may appeal that decision, notice or order by filing an appeal with the city clerk within seven calendar days of the date of service of that decision, notice, or order. The appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The appeal shall identify the real property, state the grounds for the appeal, and state all material facts in support of the appeal.

[A] 111.2 Notice of Hearing. Notice of hearing shall be conducted as provided for in Seaside Municipal Code section 17.36.080(C).

[A] 111.7 Court review. Judicial review of the hearing officer’s decision shall be commenced in accordance with Cal. Code of Civil Procedure § 1094.6 no later than 90 calendar days after the decision is signed. Cal. Code of Civil Procedure § 1094.6 is hereby adopted for purposes of this Title. Review shall be in accordance with Cal. Code of Civil Procedure § 1094.5.

[A] 111.8 Stays of enforcement. Appeals of notices and/or orders issued pursuant to this chapter, other than those issued pursuant to section 109 and 112.3, shall stay the enforcement of the notice and order until the appeal is heard by the hearing officer.

(Ord. 1070 § 2, 2019)

15.04.148 Section [A] 112 of the 2018 International Property Maintenance Code amended.

Section [A] 112 of the 2018 International Property Maintenance Code is amended as follows:

[A] 112.4 Failure to comply. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for penalties pursuant to Seaside Municipal Code section 1.16.030.

(Ord. 1070 § 2, 2019)

15.04.149 Definitions Section 201 of the 2018 International Property Maintenance Code amended.

Definitions Section 201 of the 2018 International Property Maintenance Code is amended as follows:

GARBAGE. Garbage shall be defined pursuant to Seaside Municipal Code Section 8.28.030 (Solid Waste, defined)

INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code.

RUBBISH. Rubbish shall be defined pursuant to Seaside Municipal Code Section 8.45.045 (Municipal Solid Waste, defined).

[A] STRUCTURE. That which is built or constructed or a portion thereof.

TEMPORARY. Temporary shall mean buildings, facilities, or structures intended for use at one location for not more than six months for the purpose of this code only.

(Ord. 1070 § 2, 2019)

15.04.150 Section 302 of the 2018 International Property Maintenance Code amended.

Section 302 of the 2018 International Property Maintenance Code is amended as follows:

302.1 Sanitation. The owner or authorized agent shall maintain the property exterior and premises in a clean, safe and sanitary condition. Such owner or authorized agent shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The occupant may also be held jointly and severally liable for causing or contributing violations of this section.

302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure located thereon. Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Exception: Approved retention areas and reservoirs.

302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions. The owner or owner’s authorized agent of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe sanitary, and in a proper state of repair, free from hazardous conditions. Maintenance shall include the removal and proper disposal of any unsightly or unsanitary conditions such as accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items, which have been dropped or spilled upon the sidewalks.

302.4 Weeds. No owner, authorized agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds exceeding twelve inches (12”) in height to remain or accumulate upon such premises or upon public sidewalks adjoining such premises.

Upon failure of the owner or authorized agent having charge of a property to cut and destroy weeds after service of a warning notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the city. Upon failure to comply with the warning notice of violation, any duly authorized employee of the city or contractor hired by the city shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or authorized agent responsible for the property.

302.8 Motor vehicles. Refer to Seaside Municipal Code Section 17.34.150. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

Exception: An owner, authorized agent, lessee, or occupant of the property may repair, wash, clean, or service personal property, provided they comply with Seaside Municipal Code and any other applicable requirements.

(Ord. 1070 § 2, 2019)

15.04.151 Swimming Pools, Spas and Hot Tubs Section 303 of the 2018 International Property Maintenance Code amended.

Swimming Pools, Spas and Hot Tubs Section 303 of the 2018 International Property Maintenance Code is amended as follows:

303.2 Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

(Ord. 1070 § 2, 2019)

15.04.152 Section 304 of the 2018 International Property Maintenance Code amended.

Section 304 of the 2018 International Property Maintenance Code is amended as follows:

304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

304.15 Doors. All exterior doors, door assemblies, including weather stripping, thresholds and hardware, shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall be tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.

304.16 Under-Floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh having openings not exceeding 1/4 inch in any dimension or alternate approved materials pursuant to current CBC 1203.4.1.

304.18.2 Windows. Operable windows located in whole or in part within 12 feet above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. Vacant/abandoned buildings shall provide internal window coverings to prevent easy view of the building interior.

(Ord. 1070 § 2, 2019)

15.04.153 Pest Elimination Section 309 of the 2018 International Property Maintenance Code amended.

Pest Elimination Section 309 of the 2018 International Property Maintenance Code is amended as follows:

309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination of the infestation. All structures in which insect, rodent or vermin infestations are found shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from the licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent re-infestation.

309.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. The owner of a structure or premise containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure shall be responsible for maintaining the structure and premise in a rodent or pest-free condition. If an infestation is caused by an occupant substantially failing to properly maintain their occupied area of the structure or premise as clean and sanitary as the condition of the structure or premise permits. For as long as the occupants failure either substantially causes an unlivable condition to occur, or substantially interferes with the owners ability to remedy the condition, the owner does not have to remedy the condition. Where the infestation is caused by defects in the structure, the owner shall be responsible for extermination.

(Ord. 1070 § 2, 2019)

15.04.154 Section 505 of the 2018 International Property Maintenance Code amended.

Section 505 of the 2018 International Property Maintenance Code is amended as follows:

505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110° F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless the installation complies with Chapter 5 of the current California Plumbing Code and Section 904.0 of the current California Mechanical Code. An approved combination temperature and pressure-relief valve discharge pipe shall be properly installed and maintained on water heaters.

(Ord. 1070 § 2, 2019)

15.04.155 Section 602 of the 2018 International Property Maintenance Code amended.

Section 602 of the 2018 International Property Maintenance Code is amended as follows:

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC section 602.5. Cooking appliances or fireplaces shall not be used, nor shall portable space heaters be used, as a means to provide required heating.

Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be 32°F.

(Ord. 1070 § 2, 2019)

15.04.156 Section 604 of the 2018 International Property Maintenance Code amended.

Section 604 of the 2018 International Property Maintenance Code is amended as follows:

604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation including the improper use of extension cords as permanent wiring, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

(Ord. 1070 § 2, 2019)

15.04.157 Means of Egress Section 702 of the 2018 International Property Maintenance Code amended.

Means of Egress Section 702 of the 2018 International Property Maintenance Code is amended as follows:

[F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the current California Building Code.

(Ord. 1070 § 2, 2019)

15.04.170 Adoption of California Fire Code.

A. The California Fire Code, 2019 Edition, including all appendices, is hereby adopted by reference and made part hereof as if fully set forth herein.

B. One copy of the California Fire Code has been filed for use and examination by the public in the office of the building official of the city of Seaside.

C. The following are definitions as used in this chapter or in any other uniform codes or other nationally recognized fire safety standard, made a part of this chapter, unless otherwise apparent from the context:

1. “City” means the city of Seaside when it refers to a political entity, and means the incorporated area of the city of Seaside when it refers to an area.

2. “City council” means the city council of Seaside.

3. “Fire chief” means the chief of the fire department serving the city of Seaside.

4. “Mayor” means the mayor of the city of Seaside.

5. “Municipality” means the city of Seaside. (Ord. 1070 § 2, 2019)

15.04.180 Bureau of fire prevention established.

The city of Seaside bureau of fire prevention is hereby established to enforce the California Fire Code and shall be presided over by the fire chief or his/her designee. (Ord. 1070 § 2, 2019)

15.04.190 Reserved.

(Ord. 1070 § 2, 2019)

15.04.200 Section 307.3 of Chapter 3 of the California Fire Code amended.

Section 307.3 of Chapter 3 of the California Fire Code is amended by adding subsection 307.3.1 to read as follows:

Except as otherwise provided in this Section, all outdoor rubbish fires are prohibited. No waste matter shall be disposed of by burning within the City of Seaside.

(Ord. 1070 § 2, 2019)

15.04.210 Section 307.4.3 of Chapter 3 of the California Fire Code added.

Chapter 3 of the California Fire Code is amended by adding Section 307.4.3 to read as follows:

Permit Required. No person shall kindle or maintain any open pit fire or authorize any such open pit fire to be kindled or maintained for the purpose of preparation of food, such as in the case of a Luau or barbecue or recreational fire without a permit from the Seaside Fire Department.

(Ord. 1070 § 2, 2019)

15.04.220 Sections 903.2, 903.3.1.3 and 903.6 of Chapter 9 of the California Fire Code amended.

Sections 903.2, 903.3.1.3 and 903.6 of Chapter 9 of the California Fire Code are amended to read as follows:

Section 903.2 All Non-Residential Occupancies 2500 sq. ft. or more.

1. An automatic sprinkler system shall be installed and maintained in all new construction in accordance with this section as amended, the California Building Code, and California Fire Code.

Exceptions:

a. When sprinklers are considered undesirable because of the nature of the contents or in rooms or areas which are of noncombustible construction with wholly noncombustible contents and which are not exposed by other areas. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistive construction or contains electrical equipment.

b. Temporary Buildings under 1,000 sq. ft.

c. Airport control towers.

d. One story detached accessory buildings to a group R-3 dwelling units.

e. Open parking structures.

f. Sprinklers shall not be installed when the application of water or flame and water to the contents may constitute a serious life or fire hazard, as in the manufacture or storage of quantities of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium, quicklime, magnesium powder and sodium peroxide.

g. Existing mobile home parks within the City regulated by the Department of Housing and Community Development are exempt: Health and Safety Code, Mobile Home Parks Act, Section 18300.

Section 903.3.1.3

903.3.1.3 NFPA 13D Sprinkler Systems. Where allowed, automatic sprinkler systems installed in one-and two-family dwellings shall be installed throughout in accordance with NFPA 13D.

903.3.1.3.1 All fire sprinkler systems installed in one-and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for a two-hour duration.

903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official.

903.3.1.3.3 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit.

Section 903.6

903.6 Existing buildings – Where repairs, alterations, and/or additions intensify and/or change the use of an existing building, where the total floor area is two thousand five hundred square feet (2500sf), or more, or the building is forty feet (40') or more in height, or is three or more stories in height, it shall be equipped with an automatic sprinkler system and made to comply with the provisions of this Section.

In all buildings where the total floor area exceeds two thousand five hundred square feet (2500sf), or which are forty feet (40’) or more in height, or which are three or more stories in height, if the repairs or alterations are made exceeding twenty-five percent of the current market value of the building and property as shown in the records of the County Assessor within any three hundred sixty (360) day period shall be made to comply with the provisions of this section

Exception:

(1) Valuation may also be determined by the replacement costs of the existing structure based upon the most recent “Building Valuation Data” contained in the “Building Standards” magazine published by the International Conference of Building Officials. The intent of this exception is to allow the use of a less restrictive application (if applicable) to determine if repair, alterations or additions are twenty-five percent (25%) or more of the value of the building.

Definitions

Repair. It is the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance.

Alteration. It is any change, addition, or modification in construction or occupancy.

Exception: Projects where the sole purpose is for seismic upgrade.

Existing Group R, Division 3 buildings to which additions, alterations, or repairs are made that involve the removal or replacement of 50 percent or more of the linear length of exterior walls of the building within a one-year period, shall require the installation of an automatic sprinkler system as specified in the California Residential for new construction.

(Ord. 1070 § 2, 2019)

15.04.230 Appendices of the California Fire Code adopted and amended.

Add the following appendix to read as follows:

APPENDIX AE – ALTERNATIVE ENERGY SYSTEMS

AE101.1 Scope. Applications for the installation, additions or remodel of alternative energy system, including but not limited to photovoltaic and wind generation systems, shall be subject to this appendix when conditioned by the fire code official.

AE101.2 Conflicting Sections. Where provisions in this appendix conflict with other sections of this code or other appendices, the provisions of this appendix shall prevail unless otherwise directed by the fire code official.

AE102 SIGNING AND MARKING: All photovoltaic systems shall be permanently marked as specified in this section.

AE102.1 Main Service Disconnect

a. Main Panel Exterior Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least 3/4" in height and in a non-serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather-resistant, durable plastic with engraved letters, or other approved material.

b. Circuit Disconnecting Means Marking. A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller. The label shall have contrasting color capital letters at least 3/8" in height and in a non-serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.

AE102.2 Direct Current (DC) Conduits, Raceways, Enclosures, Cable Assemblies, and Junction Boxes.

a. Marking is required on all interior and exterior direct current (DC) conduits, raceways, enclosures, cable assemblies, and junction boxes.

b. Marking Locations. Marking shall be placed on all DC conduits, raceways, enclosures, and cable assemblies every ten feet (10'), at turns and above and below penetrations. Marking shall also be placed on all DC combiner and junction boxes.

c. Marking Content and Format. Marking for DC conduits, raceways, enclosures, cable assemblies and junction boxes shall be red with white lettering with minimum 3/8" capital letters in a non-serif font, to read “WARNING: SOLAR CIRCUIT”. Marking shall be reflective, weather resistant, and suitable for the environment. Materials used should be in compliance with UL Standard 969.

AE102.3. Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator backup systems, or other secondary power systems, additional signage acceptable to the fire code official shall be required indicating the location of the secondary power source shutoff switch.

AE102.4. Installer Information. Signage acceptable to the fire code official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the man disconnect.

AE102.5 Inverters. No markings are required for inverters.

AE102.6 AC Photovoltaic Systems. AC Photovoltaic Systems shall be marked as specified in this section.

a. Main Panel Exterior Marking. A placard is required to be permanently affixed to the car service disconnect panel. The placard shall be red in color with white capital letters at least 3/4" in height and in a non-serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather resistant, durable plastic with engraved letters, or other approved material.

AE103 BUILDING MOUNTED PHOTOVOLTAIC SYSTEMS.

AE103.1. All building- or roof-mounted photovoltaic systems shall be installed as specified in this section.

a. Access, Pathways, and Smoke Ventilation. Access and spacing requirements shall be observed to ensure emergency access to the roof, provide pathways for specific areas of the roof, provide for smoke ventilation opportunity areas, and to provide emergency egress from the roof.

b. Exceptions. Exceptions to the requirements in this section shall be permitted to be granted by the fire code official where access, pathway or ventilation requirements are reduced due to any of the following circumstances:

(1). Proximity and type of adjacent exposures.

(2). Alternative access opportunities, as from adjoining roofs.

(3). Ground level access to the roof.

(4). Adequate ventilation opportunities below solar arrays.

(5). Adequate ventilation opportunities afforded by module set back fro other rooftop equipment.

(6). Automatic ventilation devices.

(7). New technologies, methods, or other innovations that ensure adequate fire department access, pathways, and ventilation opportunities.

c. Designation of ridge, hip, and valley does not apply to roofs with 2-in-12 or less pitch.

d. Measurement Conventions. All roof dimensions shall be measured to centerlines.

e. Roof Access Points. Roof access points shall be defined as areas where ladders are not placed over openings (windows or doors) and are located at strong points of building construction and in locations where they will not conflict with overhead obstructions (tree limbs, wires, or signs).

AE103.2 Household Systems (One- and Two-Family Dwellings)

a. Access and Pathways.

(1). Hip Roof Layouts. Modules shall be located in a manner that provides one (1) three foot (3') wide clear access pathway from the eave to the ridge of each roof slope where the modules are located. The access pathway shall be located at a structurally sound location on the building, such as a bearing wall. EXCEPTION: Where adjoining roof planes provide a three foot (3') wide clear access pathway.

(2). Single Ridge Layouts. Modules shall be located in a manner that provides two (2) three-foot (3') wide access pathways from the eave to the ridge on each roof slope where the modules are located.

(3). Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-1/2') to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley.

b. Ridge Setback. The modules shall be located no higher than one and one-half feet (1-1/2') below the ridge.

AE103.3. Commercial Systems.

a. Definition. Commercial Systems shall be defined as all photovoltaic systems installed in any occupancy other than a one and two family dwelling.

b. Alternative Requirements. Where the fire code official determines that the roof configuration is similar to residential (i.e., townhouses, condominiums, or single-family attached buildings) the fire code official shall be permitted to make a determination to apply the requirements under Section AE103.2, above.

c. Access. There shall be a minimum six-foot (6') wide clear perimeter around the edges of the roof. EXCEPTION: If either access to the building is 250' or less, there shall be a minimum four foot (4') wide clear perimeter around the edges of the roof.

d. Pathways. Pathways shall be established as follows:

(1). Pathways shall be over structural members.

(2). Centerline axis pathways shall be provided in both axes of the roof.

(3). Centerline axis pathways shall run on structural members or Over the next closest structural member nearest to the center lines of the roof.

(4). Pathways shall be straight line not less than four feet (4') clear to skylights, ventilation hatches, and/or roof standpipes.

(5). Pathways shall provide not less than four feet (4') clear around roof access hatches with at least one not less than four foot (4') clear pathway to the parapet or roof edge.

e. Smoke Ventilation.

(1). Solar arrays shall be no greater than 150 feet by 150 feet in distance in either axis.

(2). Ventilator options between array sections shall be (a) a pathway eight feet (8') or greater in width; (b) a pathway four feet (4') or greater in width and bordering on existing roof skylights or ventilation hatches; or (c) a pathway four feet (4') or greater in width and bordering four foot by eight foot (4' X 8') “venting cutouts” every twenty feet (20') on alternating sides of the pathway.

AE104. Location of Direct Current (DC) Conductors.

a. Exterior mounted Direct Current conduits, wiring systems and raceways for photovoltaic circuits shall be located as close as possible to the ridge, hip or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities.

b. Conduit runs between sub-arrays and to DC combiner boxes shall use design guidelines that minimize the total amount of conduit by taking the shortest path from the array to the DC combiner box.

c. DC combiner boxes shall be located so that conduit runs are minimized in the pathways between arrays.

d. DC wiring shall be run in metallic conduit or raceways when located within enclosed spaces in a building and shall be run as follows:

(1). When run perpendicular or parallel to load bearing members, a minimum ten-inch (10”) space below roof decking or sheathing shall be maintained.

(2). Where flexible metal conduit (FMC) or metal clad cable (MC) containing PV power circuit conductors is installed across ceilings or floor joists, the raceway or cable shall be protected by guard strips.

AE105 GROUND MOUNTED PHOTOVOLTAIC SYSTEMS

AE105.1 Marking shall be in accordance with Section AE102, above.

AE105.2 Setbacks. Special setback requirements do not apply to ground-mounted, freestanding photovoltaic arrays. NOTE: The zoning regulations of the jurisdiction regulate setbacks between buildings, accessory structures (possibly including ground-mounted photovoltaic arrays) and property lines.

AE105.3 Clearances. A clear area of ten feet (10’) around ground-mounted photovoltaic installations shall be provided.

AE105.4 Non-Combustible Base. A gravel base or other non-combustible base acceptable to the fire code official shall be installed and maintained under and around the installation.

AE105.5 Protection. Fencing, skirting, or other suitable security barrier shall be installed when required by the fire code official. NOTE: Security barriers are intended to protect individuals and animals from contact with energized conductors or other components.

AE105.6 Fire Sprinkler Protection. Fire sprinkler protection is not required for ground-mounted photovoltaic installations.

(Ord. 1070 § 2, 2019)