COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

PLANNING AND BUILDING DEPARTMENT

 
 

DATE:

November 20, 2008

BOARD MEETING DATE:

December 9, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

 

FROM:

Lisa Grote, Director of Community Development

 

SUBJECT:

Adoption of the 2007 California Building Standards Code and Amending San Mateo County Ordinance Code, Division VII (Building Regulations).

 
 

RECOMMENDATION

 

1.

Adopt an ordinance to implement the 2007 Editions of the California Building Standards Code, 2007 California Plumbing Code, 2007 California Mechanical Code, and the 2007 California Electrical Code. Adopt San Mateo County Ordinance Code, Division VII in whole and amending Sections 9004, 9015, 9022, 9025, 9027, 9029, 9032, 9033, 9042, 9058, 9067, 9100, 9104, 9113, 9114, 9150, 9180, 9184, 9200, 9271, and adding new sections 9116 and 9117 of said code as shown in Attachment B.

   

2.

Waive the reading of the ordinance in its entirety, and continue the hearing until the second reading.

   

VISION ALIGNMENT

 

Commitment: Ensure Basic Health and Safety for All, and Responsive, Effective and Collaborative Government.

 

Goal: Maintain and enhance the public safety of all residents and visitors.

 

The adoption of the Building Regulations contributes to these commitments and this goal by providing specific building code requirements to ensure that structures that are erected or altered, are constructed in a manner that addresses health, fire, and life safety issues.

 

BACKGROUND

 

Proposal: The Planning and Building Department proposes the adoption of the 2007 California Building Standards Code as required by State law, and corresponding amendments to the San Mateo County Ordinance Code, Division VII, Building Regulations, in addition to local amendments to the California Building Standards Code to address specific concerns within unincorporated San Mateo County.

 

State Code Requirements: The California Building Standards Code no longer uses the Uniform Building Code Standards. It has now adopted the International Building and Fire Code Standards (IBC and IFC-2006). Building and Fire Codes are published and adopted by the State of California on 3-year cycles. The International Code Council (ICC) develops construction and public safety codes on a triennial calendar through a governmental consensus process. This system of code development has provided the citizens of the United States the highest level of safety in the world for more than 80 years. The most recent adoption was the 2007 Edition of the California Building Standards Code, which is based on the new model codes of the International Building Code, and the International Fire Code, developed and published by the International Code Council (ICC).

 

Local jurisdictions are required to enforce these regulations as adopted by the State. Counties or cities may choose to modify specific code sections, but must make specific findings based on topographical, geological, or climatic conditions that exist within the jurisdiction. The Planning and Building Department (the Department) proposes to make some local amendments, as discussed below.

 

Environmental Quality Committee: On August 12, 2008, the Planning and Building Department brought this proposal to the Board of Supervisors’ Environmental Quality Committee (EQC) for review and comment. The EQC concurred with the Department’s proposal and recommended that the changes (local amendments) be brought to the full Board for adoption.

 

DISCUSSION

 

Included below is the necessary information and discussion to amend specific sections of the California Building Standards Code (California Building Code) to address San Mateo County (County) concerns. The proposed amendments are not all entirely new. Two of the six proposed major local amendments are new and four are continuations of existing local amendments. The two new amendments include: Roof coverage limitations and clearance requirements for Photovoltaic (PV) and other solar systems; and adoption of Wildland Urban Interface Fire Hazard Area Modifications (Chapter 7A) along with the Local Responsible Area (LRA) State Fire Hazard Severity Zone Maps. The four existing local amendments proposed for re-adoption include floor slab reinforcement, Class B or better roofing, fire sprinkler requirements, with minor modifications, and the existing prohibition on plastic piping. Local jurisdictions are required to adopt new local amendments and re-adopt existing local amendments each time the State adopts new building codes. A local jurisdiction must approve findings that there are specific local topographical, geological and/or climatic conditions that necessitate any major local amendments.

 

In addition to the proposed six major amendments, the Department proposes thirteen minor administrative amendments, which do not require findings to be made based on local conditions. These amendments include clarifications and minor additions to existing County code sections and are explained in detail later in this report.

 

A.

PROPOSED MAJOR LOCAL AMENDMENTS

   
 

Each of the six proposed major local amendments below include discussion in the following four areas: (1) Proposed Amendment Summary; (2) Finding(s); (3) Local Conditions and Impacts; and (4) Recommendations and Proposed County Code Language.

   
 

1.

Floor Slab Reinforcement

     
   

a.

Proposed Amendment Summary

       
     

Pursuant to State law, the Board of Supervisors of San Mateo County, in its ordinance amending the County Ordinance Code, Division VII, changes or modifies certain provisions of the California Building Standards Code as it pertains to the regulation of the health and safety of buildings. Specifically, such changes or modifications will require minimum reinforcement of floor slabs to reduce deterioration produced by expansion and contraction of soils, such as clay loam and alluvial fans, during periods of heavy rain and extreme dryness.

       
   

b.

Finding

       
     

Pursuant to State law including but not limited to Sections 13143.5, 18941.5, 17959.5 and 17958.7 of the California Health and Safety Code, the governing body of San Mateo County finds that the changes or modifications are reasonably necessary because of certain local geological conditions as described below which create situations that can and do result in health and safety conditions that in turn could result in excessive harm and danger to life and property in the community.

       
   

c.

Local Conditions

       
     

The following local conditions require the proposed amendment to the California Building Standards Code in order to provide a reasonable degree of health and safety in San Mateo County.

       
     

GEOLOGICAL

       
     

Expansive Soils

       
     

The County is located in a geological area that contains expansive soils such as clay loam and alluvial fans.

       
     

Impact

       
     

The expansion and contraction of these soils during periods of rain and dryness cause stress to slabs placed on grade. Continuous stress on an unreinforced slab seriously affects the slab, which can result in substantial cracking and deterioration.

       
   

d.

Recommendation and Proposed County Code Language

       
     

The Department recommends that the Board approve the following amendment to the California Building Standards Code because the amendment is reasonably necessary to mitigate the above-described impacts that are caused by local geological conditions.

       
     

State Code Provisions, Section 1900.4.4 – Minimum Slab Thickness. The minimum thickness of floor slabs supported directly on the ground shall be not less than 3-1/2 inches (89 mm).

       
     

Proposed New Provision, San Mateo County Ordinance Code, Division VII, Chapter 3, Article 1, Section 9104 – Minimum Slab Thickness. The minimum thickness of floor slabs supported directly on the ground shall be not less than 3 1/2 inches (89 mm). The slab shall be supported by not less than 6 inches by 6 inches with 10-gauge wire mesh or approved alternative installed at mid height of the slab.

       
 

2.

New Class B or Better Roofing, Modifications to Existing Fire Sprinkler Requirements, New Roof Coverage Limitations and Clearance Requirements for PV and other Solar Systems, and adoption of Wildland Urban Interface Fire Hazard Area Modifications and the State Fire Hazard Severity Zone Maps

     
   

a.

Proposed Amendment Summary

       
     

Pursuant to State law, the Board of Supervisors of San Mateo County, in its ordinance amending the 2007 California Building Standards Code, amends provisions of the California Building Standards Code as it pertains to the regulation of the fire safety of buildings. Specifically, such amendments include: (1) all roofing materials on all new structures and major remodels are to be Class B or better; (2) new structures, with specific exceptions, must install automatic fire sprinkler systems; (3) PV and other solar systems shall have required clearances around the system to ensure proper maintenance and adequate ingress, egress, and roof venting during a fire.

       
     

These four major amendments are discussed as a group because they are all fire safety related and are all affected by the same local conditions.

       
   

b.

Finding

       
     

Pursuant to State law including but not limited to Sections 13143.5, 18941.5, 17958.5 and 17958.7 of the California Health and Safety Code, the governing body of San Mateo County finds that the above changes or modifications are reasonably necessary because of certain local climatic, geological and topographic conditions as described below which create situations which can and do result in extremely uncontrollable and contagious fire situations which can and do result in excessive harm and danger to life and property in the community.

       
     

All of the proposed fire safety related amendments help protect structures and firefighters during a fire. Fire resistive roof materials help reduce the spread of windborne fires. Clearances for roof and ground mounted solar systems provide firefighters adequate room to properly vent fires, which assists in fire suppression. Fire sprinklers help suppress fires inside a building and help reduce the amount of water needed from outside sources to suppress the fire. Adoption of the Wildland Urban Interface Fire Hazard Area Modifications and State Fire Hazard Severity Zone Maps assist in identifying areas within San Mateo County that are especially prone to high risk of fire and will require building materials in these zones that reduce the risk of fire damage.

       
   

c.

Local Conditions

       
     

The following local conditions make necessary the above amendments to the California Building Standards Code in order to provide a reasonable degree of fire and life safety in San Mateo County.

       
     

CLIMATIC

       
     

Precipitation and Relative Humidity

       
     

Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. Ninety-six percent (96%) falls during the months of October through April and four percent (4%) from May through September. This is a dry period of at least five months each year. Additionally, the area is subject to frequent periods of drought – May 2001 has been rated as the fifth driest May in California records; 2001 also experienced the 17th driest November-February, the 16th driest November-March, the 24th driest October-May, and the 23rd driest June-May periods. Similar periods of continued drought may be expected locally in the future.

       
     

Relative humidity remains in the middle range most of the time. It ranges from 45 to 65 percent in the winter. It occasionally falls as low as 15 percent.

       
     

Impact

       
     

Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings with dry shake or shingle roofs by means of radiation or flying sparks and embers. Where there are large and/or numerous buildings with untreated shake or shingle exteriors, a small fire can rapidly grow to a magnitude beyond the control capabilities of the fire departments, resulting in an excessive fire loss within the community.

       
     

The average rainfall in the County is frequently surpassed by concentrated periods of heavy rainfall. These factors, combined with soil types, terrain, and existing road systems, have led to landslides and flooding across both State, County, and private road systems. The blockage of access routes delays or prevents the ability of fire apparatus to respond to the scene of an emergency.

       
     

During 1982 and again in 1998, these conditions resulted in closures of Highway 1 in the Devil’s Slide area, Highway 84 in the La Honda area, and Pescadero Road in the Pescadero area for extended periods. Many other County-maintained roads also experience landslides, resulting in closures, or limited traffic capabilities for fire apparatus. Although roads known to be susceptible to closure have been identified by CalTrans and the County, clearing of these routes is dependent upon knowledge and availability of resources. Thus, a road closure could prevent fire fighter access during a critical period.

       
     

Following past rains, partial or complete road blockages were found on Tunitas Creek Road, Bear Gulch West, Oak Knoll, Springdale, Glenloch Way, Alpine Road, Cloverdale, and Pescadero Road.

       
     

A standard fire fighter safety measure is the emergency vertical ventilation of the roof of a structure when a fire is burning inside. In vertical ventilation, fire personnel cut a large hole in the roof directly above the fire. The smoke, heat and unburned gases being generated by the fire will exit the structure through the hole. This helps to prevent dangerous “backdraft” explosions and flash-overs caused when a fire is left contained inside a room starved of oxygen. It also clears the structure of some smoke and heat, making it easier and safer for fire personnel to enter the structure and extinguish the fire. Performed quickly enough, ventilation can also help limit the fire to the room in which it started and can therefore limit the amount of fire damage to the structure. When improperly located, however, the hole can spread the fire and hurt or kill fire fighters. The maximum permitted roof coverage of solar (PV) systems under current codes does not allow the fire fighter to adequately vent the roof during a structure fire, nor can they traverse the roof safely because the roof surface may be entirely covered with panels and other equipment carrying an electric charge. Full coverage of the roof with solar (PV) equipment also constrains the locations where an emergency roof vent can effectively be cut, which increases the risk that the improper location of an emergency vent will exacerbate the fire rather than assist the fire fighters. Cutting through the solar (PV) panels is not a viable option, as they by definition are generating and carrying an electric charge during daylight hours. This puts fire fighters in more dangerous positions than necessary. Moreover, ground solar (PV) systems should be constructed with a minimum ground clearance to avoid a wildfire hazard such as those that occurred throughout the State in 2008.

       
     

Temperatures

       
     

Temperatures from June through September average above 80º F. Temperatures as high as 110º F have been recorded, and it is not unusual to experience several continuous days with temperatures in the mid to high 90s. These extended periods occurred in July 1988, July 1990, October 1991 and more recently August and September 1998.

       
     

Impact

       
     

High temperatures cause rapid fatigue and heat exhaustion of fire fighters, thereby reducing their effectiveness and ability to control large wildland fires which can endanger buildings or large fires involving either interiors or exteriors of buildings. This limited ability results in losses of buildings without automatic fire protection systems.

       
     

Local high temperatures occasionally cause loss of electrical power in all or portions of communities within the County due to overloading from air conditioning equipment or other temperature-related stresses on the electrical utilities. Water storage and delivery systems within the County depend primarily or entirely upon electrical power for both domestic and fire flow delivery. Extended periods of power loss reduce the amount of storage available for suppression of wildland and structural fires.

       
     

Another impact from high temperatures is that combustible building materials and non-irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the atmosphere surrounding the materials being of a higher temperature reduces the effectiveness of the water being applied to the burning materials. This requires that more water be more effectively applied, which in turn requires more fire department resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the fire departments.

       
     

Winds

       
     

Prevailing winds in the area are from the west. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 12-MPH range, gusting to 25 to 35 MPH. Forty (40) MPH winds are experienced and winds up to 55 MPH have been registered locally.

       
     

Impacts

       
     

Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass and brush can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire department very quickly, even by relatively moderate winds. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shake or shingle roofs.

       
     

Local winds frequently cause damage to electrical transmission lines which then arc, spark and/or break. This can start fires on untreated wood shake or shingle roofs or in dry vegetation, which can spread to nearby untreated wood shake or shingle roofs. Additionally, when power lines are broken by winds, they can result in power outages in large portions of the County.

       
     

Local winds frequently cause the breakage of limbs and branches of trees. It is not unusual for local winds to cause trees to fall. In many instances, damage occurs in trees adjacent to electrical transmission and distribution lines. During December 1997, these winds caused broken tree limbs to break power lines, resulting in fires. In 1998, the fire in Frenchman’s Creek burned approximately 35 acres. The fire burning concurrently in Tunitas Creek burned more than 45 acres of grass, brush, and timbered areas, and resulted in the destruction of a year-round dwelling and another structure.

       
     

When interior building fires break open windows, winds can cause smoke and fire to quickly spread to other portions of the building via interior and exterior openings. An interior blowtorch effect can be created by wind when windows on more than one side of the building are open. When an interior fire ventilates through the roof of a building, regardless of the type of roof construction, sparks and embers from the fire are carried by winds to other roofs and to dry weeds, grass and brush, thereby starting additional fires.

       
     

When buildings are covered with untreated wood shake or shingle roofs, local wind conditions make them very susceptible to ignition by sparks or embers from other fires and cause them to burn more rapidly and intensely. Burning buildings with wood shake and shingle roofs, in turn give off more sparks and embers to be carried by winds to other buildings.

       
     

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the fire department on fires involving interior areas of buildings. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roofs and automatic sprinkler systems. National statistics frequently cite wind conditions such as those experienced locally as a major factor where conflagrations have occurred.

       
     

National statistics also indicate that structures protected by automatic sprinkler systems confine, contain, or control interior fires to the area, or room of origin, reducing the need for exterior hose streams.

       
     

GEOLOGICAL

       
     

Seismicity

       
     

The County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Within San Mateo County are active faults such as San Andreas, San Gregorio, Seal Cove, and other lesser faults. Earthquake activities with nearby epicenters have the potential for the following impacts.

       
     

Impact

       
     

A major earthquake could result in the cutting-off of response routes of fire companies by collapsing buildings, overpasses and bridges throughout the County.

       
     

Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which in turn cause power failures while at the same time starting fires throughout the County. The occurrence of multiple fires will quickly disperse existing fire department resources, thereby reducing and/or delaying their response to any given fire.

       
     

Even minor seismic activity has an adverse impact on fire protection. Any earth movement which causes buildings to move creates cracking and warping of area separation walls, smoke barriers, door frames, etc., thereby negating the effectiveness of these structural elements which are intended to prevent fire and smoke from spreading within the building.

       
     

Soils

       
     

The area is replete with various soils which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, and are plastic and tend to liquefy, depending upon moisture content.

       
     

Impact

       
     

The swelling, shrinking, shifting and settling of local soils cause shifting and warping of buildings built upon them. As noted above, any earth movement which causes buildings to move creates cracking and warping of area separation walls, smoke barriers, door frames, etc., thereby negating the effectiveness of structural elements intended to prevent fire and smoke from spreading within a building.

       
     

Additionally, these soils are susceptible to seismic shock and moisture concentrations. This may result in landslides in hilly and creek side areas, which often exceed 30 percent slopes and can obstruct roads used for response by the fire department. Such restriction of response routes can result in major fire losses in locations where buildings are covered with untreated wood shakes or shingles, particularly where these structures have no automatic fire protection systems such as sprinklers.

       
     

TOPOGRAPHIC

       
     

Vegetation

       
     

Highly combustible dry grass, weeds and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. When these areas experience wildland fires, they immediately threaten nearby buildings, particularly those with wood roofs. This condition can be found throughout the County, especially in those developed and developing areas of the County, which interface and intermix with adjoining wildlands.

       
     

Examples of fires of this type include the San Mateo Highlands in 1988, Devonshire Canyon in 1990, and Palomar Park in 1991. On the morning of October 16, 1991, a structure fire occurred on Sylvan Way in Emerald Lakes Hills. The fire quickly spread to adjacent trees and vegetation, and debris and ash fell into unburned vegetation and onto adjacent structures in an area more than 400 feet around the fire. The morning fog, which cleared during suppression activities, contributed to the lack of fire spread in the vegetation. An undetected ember landed in an abandoned redwood septic tank approximately 175 feet from the fire, and smoldered for nearly twelve hours before breaking into open flame and spreading to surrounding grasses.

       
     

Impact

       
     

Fire involving large areas of dry vegetation can quickly grow to a magnitude beyond the control capabilities of a fire department. Such fires give off sparks, embers and radiated heat that easily ignite untreated wood shakes and shingles on nearby buildings. When such a situation occurs, fire department resources may not be able to prevent major fire losses in locations with such conditions.

       
     

Surface Features

       
     

The arrangement and location of natural and manmade surface features, including hills, creeks, highways, housing tracts, individual dwelling units, commercial development, open space areas, streets and roads, combine to limit feasible response routes for fire department resources in and to County areas.

       
     

Impact

       
     

The limited number of response routes and lack of feasible alternate routes subject responding fire department units to significant delays in arriving at fires. As the community and environs continue to grow without compensating increases in traffic arterials, the traffic congestion problem becomes correspondingly worse. Delays result in an insufficient number of fire department resources arriving early to effectively control fires involving buildings with untreated wood shake and shingle roofs or with interiors not having automatic fire protection systems. The result can be serious fire losses at such buildings.

       
     

Additional delays including total blockage of existing access routes must be anticipated particularly where they traverse the hilly areas serving many communities. These delays result from a combination of residents attempting to flee or enter the fire area and spectators driving and/or parking along normal or alternate access roads. Fire damage from these delays and complete inability to reach fire scenes by fire apparatus is intensified and results in the need for additional suppression resources to obtain control.

       
     

Buildings, Landscaping and Terrain

       
     

Many of the new buildings and building complexes have building and landscaping features and designs, which preclude or greatly limit any approach or operational access to their exteriors by fire department vehicles. There are many concentrations of houses and other buildings in the County with untreated wood shake or shingle roofs, which are well within 20 feet of each other. There are many such buildings to which access by fire fighting personnel to all but one side is made virtually impossible due to landscaping, fences, slopes or other buildings.

       
     

Impact

       
     

When fire department vehicles and personnel cannot gain access to the exteriors of buildings involved with fire, it becomes necessary to conduct all extinguishing and ventilating operations via the interior. It also requires that equipment must be carried for long distances from fire vehicles to the fire location. Such operations quickly exhaust fire personnel both in numbers and in stamina. Access problems often result in severely delaying, misdirecting or making impossible fire and smoke control efforts such as locating the seat of the fire, applying hose streams and locating and opening windows or roofs for ventilating. This can result in extensive heat, smoke and water damage in much of the building not originally involved in the fire. Access problems increase the potential for, and numbers of, injuries sustained by fire fighting personnel.

       
     

When fire department access to buildings with burning wood shakes or shingles is precluded, the fires continue to spread both through the involved building and then to other buildings with similar exterior coverings. The combination of buildings with untreated wood shake or shingle roofs and without fire sprinkler systems located in close proximity to each other, and with impeded access for the fire department, these situations can readily result in multiple building fires and major fire losses.

       
     

Electrical Power Transmission Equipment

       
     

Above-ground electrical power transmission lines suspended on poles and towers exist throughout the County. Many power line poles are located adjacent to streets and roads and many of the transmission wires are suspended above large areas of dry vegetation and near untreated wood shake or shingle roofs. Most of the electrical power provided within the County is supplied via aboveground facilities.

       
     

Currently, most solar (PV) systems do not install emergency disconnects at the rooflines, nor do they permanently label these emergency disconnects with reflective, fade-resistant material stating “EMERGENCY DISCONNECT.”

       
     

Impact

       
     

Above-ground electrical power transmission lines are subject to damage from overloading, winds, trees, earthquakes and collisions from motor vehicles and aircraft.

       
     

When damaged, these facilities often start fires involving dry vegetation and/or untreated wood shakes or shingles from the resultant arcing and sparking. Frequently, such damage results in numerous fires being started simultaneously, thereby quickly dispersing available fire department forces. This in turn results in delayed and/or limited response by the fire department to any given fire, thereby causing excessive fire damage due to limited fire department capacity.

       
     

Damaged electrical lines often fall onto streets, thereby obstructing response routes from fire stations to fire locations, which again results in excessive fire damage due to limited and/or delayed response by the fire department.

       
     

Also, damage to electrical transmission lines frequently results in large areas of the community being without power for extended periods of time. Unless a building involved in a fire located in a powerless area has its own automatic fire alarm system containing an emergency power supply or fire sprinkler system, fire can result in major damage and possible loss of life.

       
     

Additionally, the existence of above-ground electrical transmission poles and lines along streets and near buildings often results in partial to complete obstruction of exterior operations and access to the building by fire department aerial apparatus. This again limits the effectiveness and capabilities of the fire department and contributes to extensive fire losses.

       
   

d.

Recommendations and Proposed County Code Language

       
     

The Planning and Building Department recommends the following four amendments to the California Building Standards Code because they are necessary to mitigate the above-described impacts, which are caused by local climatic, geological and topographic conditions.

       
     

Class B, or better, Fire Resistive Roofing

       
     

This proposed amendment would require all new homes or structures undergoing a major remodel within the unincorporated area of San Mateo County to have Class B or better fire resistive roofing.

       
     

State Code Provisions, Section 1503.3 - Minimum Roof Covering Requirements

       
     

Since 1995, California State Code provisions have required every new structure, and every existing structure, when 50 percent or more of the total roof area is re-roofed within any one-year period commencing any date on or after July 1, 1995, to have a Class C fire retardant roof covering.

       
     

Proposed New Provision, San Mateo County Ordinance Code, Division VII, Chapter 3, Article 1, Section 9113

       
     

1.

The following requirements shall apply to all new buildings or structures and existing structures, that require a building permit issued by San Mateo County.

         
       

a.

The roof covering for every new building or structure, or any existing building or structure which is undergoing a re-roof and all materials applied as part of a roof covering assembly, shall have a minimum fire rating of Class B or higher, treated in accordance with California Building Standards Code, Standard 15-2. Where required by the California Building Standards Code or other provision of law, roof coverings must meet a higher fire rating.

           
       

b.

Subsection 1.a of this section shall not apply to buildings or structures that are less than 120 square feet in floor area.

           
       

c.

Any person installing or constructing roof covering shall, immediately upon completion of the roof covering, provide certification of the roof covering classification to the building owner and to the inspection authority having jurisdiction.

           
     

2.

The requirements of this section are minimum standards for new construction and re-roofing of existing structures. Where the Uniform Building Code, International Fire Code, or the California Building Standards Code contains higher standards or additional or more stringent requirements than required by this section, those additional or more stringent requirements shall apply. Further, nothing in this section shall prevent any fire authority having jurisdiction from adopting and enforcing regulations imposing more stringent requirements than those provided by this section.

         
     

Fire Sprinkler Requirement Modifications

       
     

This proposed amendment would require that automatic fire extinguishing systems be provided in all new structures, with specific exceptions.

       
     

The primary proposed modification to the existing fire sprinkler requirements is that the current exemption of some habitable structures of 1,000 square feet or less would be removed. Cal-Fire supports this amendment for life-safety reasons because many people reside in residences of 1,000 square feet or less.

       
     

State Code Provisions, Section 903.1. Automatic Fire Sprinkler Systems – Minimum Requirements

       
     

Section 903.1 requires the installation of automatic fire sprinkler systems only in certain occupancies and specifically exempts single-family dwellings.

       
     

Proposed New Provision, San Mateo County Ordinance Code, Division VII, Chapter 3, Article 1, Section 9114

       
     

1.

The following proposed requirements shall apply to all new buildings or structures, that require a building permit issued by San Mateo County.

         
       

a.

Except as otherwise provided by this section, or as provided under Section 903.1 of the California Building Standards Code, automatic fire sprinkler systems shall be installed and maintained in every new building or structure of any type of construction, use, occupancy or size which requires a building permit issued by San Mateo County.

           
       

b.

The term “automatic fire sprinkler system” as used in this section means an integrated system of underground and overhead piping, including a water supply such as a gravity tank, fire pump, reservoir, pressure tank, or connection by underground piping to a fire main, which system complies in all respects with the requirements for such systems contained in standards issued by the National Fire Protection Association based upon occupancy classification.

           
       

c.

An automatic fire sprinkler system shall be provided throughout an existing structure when a building permit is issued to allow additions, alterations, or repairs within any 12-month period, which increase the value of the structure by seventy-five percent (75%) for one- and two-family dwellings or fifty percent (50%) for all other structures.

           
       

d.

Automatic fire sprinklers shall be installed in any garage or carport and breezeway attached to any structure for which a fire sprinkler system is required. A detached non-habitable garage, 1,000 square feet or more in size or which has an attached studio or workshop shall require the installation of an NFPA-13 light hazardous automatic fire sprinkler system.

           
     

2.

The following structures are exempt from the requirements of this section.

         
       

a.

Agricultural Buildings. For the purpose of this section, an “agricultural building” is defined as a non-residential structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. “Agricultural building” includes a place of employment where agricultural products are processed, treated or packaged. Office uses within agricultural buildings shall not exceed ten percent (10%) of the total floor area of the building unless such buildings are provided with an automatic fire sprinkler system throughout. “Agricultural buildings” shall include greenhouses.

           
       

b.

Non-residential structures less than 1,000 square feet.

           
       

c.

Mobile homes, recreational trailers, fifth wheels, and similar structures used for temporary housing during the construction of a permitted building.

           
       

d.

Mausoleums of Type I construction, as defined by the California Building Standards Code, which do not contain offices, chapels, stores, or other places of public occupancy for purposes other than parking of vehicles.

           
       

e.

Open air parking garages of Type I construction, as defined by the California Building Standards Code, which do not contain offices, chapels, stores, or other places of public occupancy for purposes other than parking and are detached from other buildings.

           
       

f.

Car wash structures where no offices or waiting rooms are attached.

           
     

3.

Additions, alterations or modifications to any existing structure containing automatic fire sprinklers shall require the extension or modification of the fire sprinkler system throughout the added, altered, or modified areas.

         
       

Plans for the installation, extension or modification of an automatic sprinkler system shall be submitted to the Planning and Building Department of San Mateo County for review and approval by the appropriate fire department or district prior to installation. Additions, alterations, or remodels to an existing dwelling previously equipped with automatic sprinklers shall require the submittal of three sets of sprinkler plans and hydraulic calculations. All components of the existing system shall be submitted for review to determine compliance with the applicable standards.

         
     

4.

All automatic fire sprinkler systems shall comply with the most current adopted edition of NFPA-13, NFPA-13-D, NFPA-13-R and any additional County specifications, or modifications imposed by supplemental rules and regulations adopted by the County of San Mateo.

         
     

5.

The installation of an automatic fire suppression system may be required by the Building Official when an alteration, addition or change in use or occupancy of a building or portion of a building thereof increases the hazard of fire or threat to life and safety.

         
     

6.

The requirements of this section are intended to represent minimum standards for new construction. Nothing in this section shall prevent any fire authority having jurisdiction from adopting and enforcing any regulations, which impose more stringent requirements. Further, any requirements of the Uniform Building Code, International Fire Code or the California Building Standards Code, which is more restrictive, specify higher standards or mandates specific locations within a structure for automatic sprinkler systems shall be applicable.

         
     

Photovoltaic (PV) and other Solar System Amendments

       
     

This proposed amendment would require all photovoltaic and other solar systems to have specific clearances on roofs for ingress, egress, and venting in case of a fire, and maintained clearances around ground-mounted systems.

       
     

State Code Provisions - Clearances of Solar (PV) System

       
     

The State Code does not address clearances with respect to the installation of photovoltaic or other solar systems. The proposed amendment would be a modification to the 2007 California Building Code and an addition to the San Mateo County Ordinance Code, Division VII, Building Regulations.

       
     

Proposed New Provision, San Mateo County Ordinance Code, Division VII, Chapter 3, Article 1, Section 9116

       
     

The following requirements shall apply to all new buildings or structures, that require a building permit issued by San Mateo County.

       
     

1.

There shall be a minimum of 36 inches of clearance at the ridgeline where solar arrays are installed on roofs. Arrays shall be allowed to be installed down to the eave if there remains three (3) access points from the ground to the ridge. Where there are fewer than three (3) access points to the roof’s ridge, then there shall remain a 36-inch perimeter of walking surface (area) around the array.

         
     

2.

Ground-mounted solar arrays shall be erected in areas clear of combustible vegetation. A minimum vegetation clearance of 10 feet or a 10-foot mowed perimeter shall be maintained.

         
     

3.

All solar conduits, interior or exterior, shall be permanently labeled with fade-resistant material stating: CAUTION: Solar (PV) Wiring May Remain Energized After Disconnection During Daylight Hours.

         
     

4.

A permanent placard shall be installed on the exterior and interior of the main electrical panel stating: CAUTION: Solar (PV) System Installed – When Power is Disconnected, Solar Panels and Wiring May Remain Energized During Daylight Hours.

         
     

5.

Batteries stored in enclosed rooms shall be mounted a minimum of 24 inches above floor. If contained within a cabinet, a permanent placard provided in Paragraph 4 above shall be posted on the door of that cabinet.

         
     

6.

All disconnects shall be accessible to fire department personnel and located together when possible.

         
     

7.

Separate emergency disconnects on the roof shall be required to disconnect the solar panels from the interior and exterior wiring running to the inverter. This disconnect shall be permanently labeled in reflective, fade-resistant material stating “EMERGENCY DISCONNECT.”

         
     

Adoption of Wildland Urban Interface Fire Hazard Area Modifications and State Fire Hazard Severity Zone Maps

       
     

The adoption of these amendments and maps would require that all new homes or structures built within designated Fire Hazard Areas follow the standards put forth by Chapter 7A of the 2007 California Building Code.

       
     

State Code Provisions - Chapter 7A of the 2007 California Building Standards Code

       
     

Chapter 7A of the 2007 California Building Standards Code and the State Fire Hazard Severity Zone Maps provide new standards for all new buildings built within designated Fire Hazard Areas. New construction within these designated areas would be required to use state approved fire resistant materials such as hardi-plank or stucco and maintain specific clearances around structures.

       
     

Proposed New Provision, San Mateo County Ordinance Code, Division VII, Chapter 3, Article 1, Section 9117

       
     

The proposed following requirements shall apply to all new buildings or structures that require a building permit issued by San Mateo County.

       
     

Chapter 7A of the 2007 California Building Standards Code and the Local Responsible Area (LRA) Fire Hazard Severity Zone maps shall apply to all new construction in the County that requires a building permit.

       
 

3.

Plastic Pipe Prohibition

     
   

a.

Proposed Amendment Summary

       
     

Pursuant to State law, the Board of Supervisors of San Mateo County, in its ordinance amending the County Ordinance Code, Division VII, changes or modifies certain provisions of the Uniform Plumbing Code and the California Building Standards Code as it pertains to the regulation of the health and life safety of buildings. Specifically, such proposed amendments would include the continued prohibition of the use of Acrylonitrile Butadiene Styrene (ABS), and Polyvinyl Chloride (PVC) drain, waste and venting plumbing systems on or within structures, and that the use of Polyvinyl Chloride (PVC), Chlorinated Polyvinyl Chloride (CPVC), and cross-linked Polyethylene (PEX) potable water piping systems would also be prohibited from use.

       
   

b.

Finding

       
     

Pursuant to State law including but not limited to Sections 13143.5, 18941.5, 17959.5 and 17958.7 of the California Health and Safety Code, the governing body of San Mateo County finds that the above amendments are reasonably necessary because of certain local climatic, and geological conditions as described below which create situations which can and do result in health and safety conditions which in turn result in excessive harm and danger to life and property in the community.

       
   

c.

Local Conditions

       
     

The following local conditions make necessary the amendment to the Uniform Plumbing Code and the California Building Standards Code in order to provide a reasonable degree of health and life safety in this County.

       
     

CLIMATIC

       
     

Precipitation and Relative Humidity

       
     

Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. Ninety-six percent (96%) falls during the months of October through April and 4 percent from May through September. This results in a dry period of at least five months each year. Additionally, the area is subject to multi-year periods of drought each decade-the last one occurring from 1986 until the winter of 1992. Continued periods of drought are expected locally in the future.

       
     

Relative humidity remains in the middle range most of the time. It ranges from 45 to 65 percent in the winter and occasionally falls as low as 15 percent.

       
     

Impact

       
     

Locally experienced dry periods cause extreme dryness. Plastic piping such as ABS, PVC, PE and CPVC is of low strength and hardness, with low heat stability, high thermal expansion, and very low chemical resistivity. Extended or repeated periods of drought cause ABS, PVC, PE, PEX and CPVC piping to become brittle.

       
     

Rigid plastic pipe systems that have become brittle cannot flex sufficiently to absorb stresses from building shaking or settlement or from thermal expansion. Retained stresses readily damage plastic piping, particularly at solvent-welded joints.

       
     

Damage to brittle pipe during seismic activity can cause raw sewage to discharge into wall cavities and under-floor areas providing the potential of disease and infection. Potable water piping systems that are damaged during seismic activity provide the potential of cross-contamination or back siphonage into the domestic water systems or groundwater aquifers.

       
     

Temperatures

       
     

Temperatures from June through September average above 80º F. Temperatures as high as 110º F have been recorded, and it is not unusual to experience several continuous days with temperatures in the mid to high 90s. These extended periods occurred in July 1988, July 1990, October 1991 and in August and September 1998.

       
     

Impact

       
     

High temperatures cause plastic pipe to become brittle. Rigid plastic pipe systems that have become brittle cannot flex sufficiently to absorb stresses from building shaking or settlement or from thermal expansion. Retained stresses readily damage plastic piping, particularly at solvent-welded joints.

       
     

Once again, damage to brittle pipe during seismic activity can cause raw sewage to discharge into wall cavities and under-floor areas providing the potential of disease and infection. Potable water piping systems that are damaged during seismic activity provide the potential of cross-contamination or back siphonage into the domestic water systems or groundwater aquifers.

       
     

GEOLOGICAL

       
     

Seismicity

       
     

The County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Within San Mateo County are located the San Andreas, San Gregorio, Seal Cove, as well as numerous other lesser faults. Additionally, San Mateo County is located relatively close to active faults located in Alameda County, Santa Clara County and Santa Cruz County. Earthquake activities with nearby epicenters have the potential for the following impact.

       
     

Impact

       
     

An earthquake of even mid magnitude could result in structural damage to structures, including damage to plastic pipe systems. With plastic susceptible to breaking at the joint, it makes such a system easily damaged by any shifting or settling of the structure during a seismic event. Where metal piping may have enough strength to hold, plastic would not. The failure of plastic piping and the problems attendant to release of sewage or contamination of domestic water systems would certainly exacerbate the problems after a seismic event.

       
   

d.

Recommendations and Proposed County Code Language

       
     

The following changes and/or modifications to the 2007 California Plumbing Code and the California Building Standards Code are recommended to mitigate the above-described impacts, which are caused by local climatic and geological conditions.

       
     

State Code Provisions

       
     

The existing State Code allows the use of ABS and PVC piping for drain and waste systems and plumbing venting systems for structures not exceeding three floors above grade.

       
     

The existing State Code also allows the use of ABS, PVC, CPVC, PE, and PEX piping for potable water distribution systems.

       
     

Proposed Continuation of San Mateo County Ordinance Code, Division VII, Chapter 3, Article 3, Section 9184, Prohibiting Plastic Pipe for potable water

       
     

1.

Chapter 6 of the Uniform Plumbing Code is hereby amended to read as follows:

         
       

Section 604.0 Materials

         
       

Section 604.1. All pipe, tube, and fittings carrying water used in potable water systems intended to supply drinking water shall meet the requirements of NSF 61 as found in Table 14-1. All materials used in the water supply system, except valves and similar devices, shall be of a like material, except where otherwise approved by the authority having jurisdiction. Materials for building water piping and building supply piping shall be in accordance with Table 6-4 and the standards in Table 14-1 except that all potable water piping and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, and galvanized steel. All materials used in the water supply system, except valves and similar devices shall be of like material.

         
       

Additional Exceptions:

         
       

(1) [OSHPD 1, 2, 3 and 4] Use of CPVC is not permitted for applications under authority of the Office of Statewide Health Planning and Development.

         
       

(2) [OSHPD 1, 2, 3 and 4] Use of PEX piping is not permitted for applications under the authority of the Office of Statewide Health Planning and Development.

         
       

(3) [OSHPD 1, 2, 3 and 4] Use of PEX-AL-PEX piping is not permitted for applications under the authority of the Office of Statewide Health Planning and Development.

         
       

(4) [AGR, DHS] Use of PEX piping is not adopted for applications under the authority of the Department of Health Services and the Department of Food and Agriculture.

         
       

Section 604.1.1. Local Authority to Approve CPVC Pipe Under Specified Conditions. [HCD 1 and HCD 2] All potable water piping and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, and galvanized steel. All materials used in the water supply system, except valves and similar devices shall be of like material. The Building Official, in accordance with the procedures set forth in Chapter 3, shall authorize by permit the use of CPVC for non-potable hot and cold water distribution systems within the interior of residential buildings provided all of the following conditions are satisfied:

         
       

(a) Permit Conditions. Any building permit issued pursuant to Section 604.1.1 shall be conditioned on compliance with the mitigation measures set forth in this section.

         
       

(b) Approved Materials. Only CPVC plumbing material listed as an approved material and installed in accordance with this code may be used.

         
       

(c) Installation and Use. Any installation and use of CPVC plumbing material pursuant to this section shall comply with all applicable requirements of this code and Section 301.0 of Appendix I of this code, Installation Standard for CPVC Solvent Cemented Hot and Cold Water Distribution Systems, IAPMO IS 20-2005.

         
       

(d) Certification of Compliance. Prior to issuing a building permit pursuant to Section 604.1.1, the building official shall require as part of the permitting process that the contractor, or the appropriate plumbing subcontractors, provide written certification: (1) that is required in subdivision (e), and (2) that he or she will comply with the flushing procedures and worker safety measures set forth in Section 301.0 of Appendix I of this code, Installation Standard for CPVC Solvent Cemented Hot and Cold Water Distribution Systems, IAPMO IS 20-2005.

         
       

(e) Worker Safety. Any contractor applying for a building permit that includes the use of CPVC plumbing materials authorized pursuant to this section shall include in the permit application a signed written certification stating that: (1) They are aware of the health and safety hazards associated with CPVC plumbing installations; (2) They have included in their Injury and Illness Prevention Plan the hazards associated with CPVC plumbing pipe installations; and (3) The worker safety training elements of their Injury and Illness Prevention Plan meet the Department of Industrial Relation’s guidelines.

         
       

(f) Findings of Compliance. The building official shall not give final permit approval of any CPVC plumbing materials installed pursuant to Section 604.1.1 unless he or she finds that the material has been installed in compliance with the requirements of this code and that the installer has complied with the requirements in Section 1.2.1 of Appendix I of this code, Installation Standards for CPVC Solvent Cemented Hot and Cold Water Distribution Systems, IAPMO IS 20-2005.

         
       

(g) Penalties. Any contractor or subcontractor found to have failed to comply with the ventilation, glove or flushing requirements of Section 1.2.2 of Appendix I of this code, Installation Standards for CPVC Solvent Cemented Hot and Cold Water Distribution Systems, IAPMO IS 20-2005, shall be subject to the penalties in Health and Safety Code, Division 13, Part 1.5, Chapter 6 (Section 17995 et. seq.). In addition, if during the conduct of any building inspection the building official finds that the ventilation and glove requirements of Section 1.2.2 of Appendix I of this code, “Special Requirements for CPVC Installation within Residential Buildings,” are being violated, such building officials shall cite the contractor or subcontractor for that violation.

         
       

Section 604.5. Cast-iron fittings up to and including two (2) inches (51 mm) in size, when used in connection with potable water piping, shall be galvanized.

         
     

2.

Chapter 7 of the Uniform Plumbing Code is hereby amended to read as follows:

         
       

Section 701.0. Materials

         
       

Section 701.1. Drainage piping shall be cast iron, galvanized steel, galvanized wrought iron, copper, brass, Stainless Steel 304 or 316L, Schedule 40 ABS (DWV), Schedule 40 PVC (DWV), extra-strength vitrified clay pipe, or other approved materials having a smooth and uniform bore, except that:

         
       

Section 701.1.1. No galvanized wrought-iron or galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (152 mm) aboveground.

         
       

Section 701.1.2. ABS and PVC (DWV) piping installations shall be limited to underground installation outside of the structure, and in accordance with IS 5, IS 9, and Chapter 15, “Firestop Protection.” Except for individual single-family dwelling units, materials exposed within ducts or plenums shall have a flame-spread index of not more than 25 and a smoke-developed index of not more than 50, when tested in accordance with the Test for Surface - Burning Characteristics of the Building Materials. (See the Building Code standards based on ASTM E-84 and ANSI/UL 723.)

         
     

3.

Chapter 9 of the Uniform Plumbing Code is hereby amended to read as follows:

         
       

Section 903.0. Materials

         
       

Section 903.1. Vent pipe shall be cast iron, galvanized steel, galvanized wrought iron, copper, brass, Schedule 40 ABS DWV, Schedule 40 PVC DWV, Stainless Steel 304 or 316L (Stainless Steel 304 pipe and fittings shall not be installed underground and shall be kept at least six (6) inches (152 mm) aboveground), or other approved materials having a smooth and uniform bore. ABS and PVC shall not be approved for use for vent piping or fittings except for underground installation beginning two (2) feet outside the structure.

         
       

Section 903.1.1. No galvanized wrought-iron or galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (152 mm) aboveground.

         
       

Section 903.1.2. ABS and PVC (DWV) piping installations shall be installed in accordance with IS 5, IS 9, and Chapter 15, “Firestop Protection.” Except for individual single-family dwelling units, materials exposed within ducts or plenums shall have a flame-spread index of not more than 25 and a smoke-developed index of not more than 50 when tested in accordance with the Test for Surface - Burning Characteristics of the Building Materials (see the Building Code standards based on ASTM E-84 and ANSI/UL 723).

         
       

Section 903.1.2.1. [For OSHPD 1, 2, 3 and 4] ABS and PVC installations are not allowed.

         
       

Section 903.1.3. [HCD 1 and HCD 2] ABS or PVC installations are limited to not more than two stories of areas of residential accommodation.

         

B.

PROPOSED MINOR LOCAL ADMINISTRATIVE CODE AMENDMENTS

   
 

In addition to the adoption of the California Building Standards Code with the above proposed local amendments, the proposed ordinance also re-adopts San Mateo County Ordinance Code, Division VII and amends several sections of the San Mateo County administrative codes. Administrative codes are not held to the same standard as building codes, in that no specific findings are required to adopt these regulations. These administrative codes contain such standards as permit requirements, application procedures, the number of plan sets required, permit term limits, and similar procedures. There are thirteen minor local amendments the Department recommends. The proposed amendments include the following topics: building permit requirements for parking and storage lots; changes to subsection numbers within the Violations and Penalties Section; additions to the definition of existing buildings; minor additions to the applicability of the Permit Requirement Section; clarifications to the Application Procedure Section; addition of drainage plans and surveys to the Plans and Other Data Section; extension of the expiration term of permits; clarification in the Refund of Permit Fees Section regarding eligibility for refunds; final Inspection and addressing clarifications; clarifications to the Temporary Certificate Section; wording that officially adopts the California Building Standards Code, Mechanical Code, Electrical Code and Plumbing Code, with local amendments; and wording that officially adopts the California Historical Building Code.

   
 

Discussion and proposed language for each amendment follows below.

   
 

1.

Building Permits – Parking and Storage Lots

     
   

a.

Proposed Amendment

       
     

Currently, plans submitted for a building permit to construct a building that has parking areas must include the design of the required parking area drawn to 1/8-inch per foot scale. Such plans include all parking spaces and maneuvering areas, curb cuts, landscaping, and other improvements. This section currently only refers to parking lots associated with the construction of a building. The proposed revision addresses parking lots and storage lots where no building or structure is included as well as parking lots associated with buildings.

       
   

b.

Rationale

       
     

The absence of County standards for parking lots and storage lots has led to problems such as those in the Princeton area where vacant lots were used for storage of inoperative autos, boats, and general debris. This proposed section would require a permit for such use and provide the County with a means to control some of the problems that have occurred in the past.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9004. BUILDING PERMITS – PARKING AND STORAGE LOTS

       
     

1.

A building permit shall be required to develop a parcel or portion of a parcel for the purpose of parking or storing automobiles, trucks, trailers, recreational vehicles, boats, tractors, buses, motorcycles, containerized freight storage boxes, wooden pallets, fish/crab traps and associated gear, and other similar equipment.

         
     

2.

Plans shall be submitted for such developed areas and shall include the design of the developed area drawn to 1/8-inch per foot scale. Such plans shall also include, but not necessarily be limited to, the location of parking areas, maneuvering areas, curb cuts, landscaping, retaining walls, drainage, fences, gates, lighting, and other improvements. The building permit shall not be issued until such parking plans have been approved by the Community Development Director, the Fire Authority and/or other appropriate departments and agencies. No final approval of the building permit shall occur until all applicable departments and agencies have provided their written approval.

         
 

2.

Violations and Penalties

     
   

a.

Proposed Amendment

       
     

Currently, Section 1200 addresses violations of the building code and construction codes. Wording and the numbering system in this section is outdated. Section 9015.2 is proposed to be changed to reflect reference to Chapter 1.08 of the County Ordinance Code regarding misdemeanors.

       
   

b.

Rationale

       
     

In order to keep the Division VII updated with other changes in the County Ordinance Codes, this change is necessary.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9015. VIOLATIONS AND PENALTIES

       
     

1.

It shall be unlawful for any person, firm, or corporation to erect, install, construct, enlarge, alter, repair, move, improve, remove, replace, convert, equip, use, occupy, maintain or demolish any building, structure or equipment therein regulated by this code or the construction codes, or cause the same to be done, contrary to or in conflict with or in violation of any of the provisions of said code or codes.

         
     

2.

Any person, firm, or corporation violating any of the provisions of this code or the construction codes shall be deemed guilty of a misdemeanor as provided in Title 1, Chapter 1.08, Section 1.08.010 of the San Mateo County Ordinance Code.

         
 

3.

Existing Buildings

     
   

a.

Proposed Amendment

       
     

Currently, this section reads: “For the purpose of this section, the term “building or structure” shall include any heating, cooling, ventilating, or similar mechanical equipment or system, and electrical equipment or system and any plumbing equipment or system governed by this code.

       
     

The proposed amendment would include references to additions, alterations, and repairs to existing buildings. The additional references would be included to clarify that swimming pools, spas, decks, mobile homes, recreational vehicles, trailers, barns and sheds, and changes of use or occupancy are defined as existing buildings.

       
   

b.

Rationale

       
     

The inclusion of the additional terms would clarify that these types of structures are also included within the purview of this section and require a building permit to repair, maintain or alter.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9022. EXISTING BUILDINGS. The following provisions shall govern additions, alterations, repairs, and changes of use or occupancy in existing buildings:

       
     

1.

For the purpose of this section, the term “building or structure” shall include any heating, cooling, ventilating, or similar mechanical equipment or system, any electrical equipment or system, plumbing equipment or system, swimming pools, spas, decks, mobile homes, recreational vehicles, trailers, agricultural buildings, or accessory structures governed by this code.

         
     

2.

Any addition, alteration, or repair to, of change of use of, or change of occupancy in a building or structure shall comply with the provisions for new buildings and structures set out in the code, except as may otherwise be provided in this section and in the California Building Standards Code, latest adopted edition. There shall be no additional permit required to meet the specifications and requirements set forth in the Individual Wastewater Treatment and Disposal System Ordinance contained in Division VII, Chapter 4, Section 9300 unless the additions, alterations, repairs, or change of use of the property (1) involve the adding of one or more bedrooms to a structure that is connected to an on-site wastewater treatment and disposal system, or (2) the additions, alterations, or repairs change the existing on-site wastewater treatment and disposal system, or the additions, alterations, or repairs within any 12-month period from the date of completion of any permit exceeding fifty percent (50%) of the value of an existing building or structure as determined by the Building Official (see also Section 9114).

         
     

3.

When additions, alterations, or repairs within any 12-month period from the date of completion of any permit exceed fifty percent (50%) of the value of an existing building or structure, as determined by the Building Official, such building or structure shall be made in its entirety to conform with the requirements for new buildings or structures, including any requirements of the fire department or district (see also Section 9114).

         
     

4.

Additions, alterations and repairs exceeding 25 percent (25%) but not exceeding 50 percent of the value of the existing building or structure and complying with the requirements for new buildings or structures may be made to such building or structure within a 12-month period without making the entire building or structure comply. The new construction shall conform with the requirements of the construction codes for a new building of like area, height, use and occupancy.

         
     

5.

Structural additions, alterations, and repairs to any portion of an existing building or structure shall comply with all requirements for new buildings or structures; except that such structural additions, alterations, or repairs, when determined by the Building Official to be minor, may be made with the same material of which the building or structure is constructed. This section shall not apply to the installation or replacement of glass in hazardous locations.

         
     

6.

Alterations or repairs, not exceeding 25 percent (25%) of the value of an existing building or structure, which are non-structural and do not affect any member or part of the building or structure and which meet fire resistance standards, may be made with the same materials of which the building or structure is constructed. This section shall not apply to the installation or replacement of glass in hazardous locations.

         
     

7.

Not more than 25 percent (25%) of the roof covering of any building or structure shall be replaced in any 12-month period unless the new roof covering is made to conform with the requirements for new buildings.

         
       

EXCEPTION 1: Roof covering on existing buildings or structures shall not be required to comply with Section 9113 when determined by the Building Official to create a hardship due to structural restraints.

         
     

8.

Buildings or structures in existence at the time of the passage of this code may continue in their existing occupancy, if such use or occupancy was legal at the time of passage, provided such continued use is not dangerous to life or property.

         
     

9.

No change in the character of occupancy or use of a building or structure shall be made without a Certificate of Occupancy. The Building Official may issue a Certificate of Occupancy without certifying that the building complies with all the provisions of these codes so long as he or she finds to do so will not endanger life.

         
     

10.

All buildings or structures, both existing and new, and all parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards, which are required by the construction codes in a building or structure when erected, altered, or repaired, shall be maintained in a good working order. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures.

         
     

11.

Any building or structure, including mobile homes, and factory built homes moved into or relocated on existing parcels or to a new parcel within those areas of San Mateo County within the jurisdiction of the Building Official shall meet standards required by this code for new buildings or structures. Permits for manufactured homes may be denied if more than ten (10) years has elapsed between the date of manufacture and the date of application for a permit to install the manufactured home.

         
     

NOTE: Nothing in this section shall be considered to exempt a structure from any zoning requirements specified in any other sections of the County Ordinance Codes.

       
 

4.

Permit Requirement

     
   

a.

Proposed Amendment

       
     

The words “accessory structure” and “freight container” are proposed to be added to this section to clarify the need for a building permit for these types of structures.

       
   

b.

Rationale

       
     

The clarification would remove the ambiguity as to whether building permits are required for these structures.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9025. PERMIT REQUIREMENT

       
     

1.

No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, keep, maintain, or demolish a building, structure, accessory structure, wine cave, freight container, manufactured home, mobile home, trailer, recreational vehicle, or make any installation, alteration, or improvement to the electrical, plumbing, or mechanical system in a building or on a parcel, or cause the same to be done, without first obtaining the prescribed permits for each such building or structure from the Building Official.

         
 

5.

Application Procedure

     
   

a.

Proposed Amendment

       
     

This amendment would clarify the process to obtain a building permit. The applicant is currently required to file an application in writing on a form furnished for that purpose. The renumbering of the subsections within the Section is proposed and two new subsections (7 and 8) would be added. The addition of subsection 7 would codify the need to submit a plot plan that shows all easements, and would provide applicants with a written source for this requirement. Subsection 8 would be added as a caveat to cover unforeseen conditions or circumstances that may occur with a specific project such as the existence of sensitive habitat or wetlands. The renumbering would clearly define subsection 7 and the requirement to show on the plot plan the location of all easements, and subsection 8 would require the applicant to show all sensitive habitat or other special features on the plot plan.

       
   

b.

Rationale

       
     

Although the standard practice of the Department for many years has been to have easements shown on the plot plan, there has never been any text in the regulations to inform applicants of this requirement. The addition of subsection 7 would codify this requirement and provide applicants with a written source for the requirement. Adding Subsection 8 would help ensure that sensitive areas on a site remain undisturbed.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9027. APPLICATION PROCEDURE. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:

       
     

1.

Identify and describe the work to be covered by the permit for which application is made.

         
     

2.

Describe the land on which the proposed work is to be done, by lot, block, tract, house and street address, or similar description that will readily identify and designate with reasonable certainty the proposed building or work.

         
     

3.

Indicate the use or occupancy for which the proposed work is intended.

         
     

4.

Be signed by the permittee, or the owner’s authorized agent, together with evidence as required to indicate such authority.

         
     

5.

Be accompanied by plans, diagrams, computations, specifications, geotechnical reports, drainage plans, energy compliance forms, and other data as required.

         
     

6.

Show all existing and proposed improvements, including, but not limited to, accessory structures, retaining walls, swimming pools, decks, bridges, and other manmade improvements.

         
     

7.

Show all easements, both private and public, on the plot plan.

         
     

8.

Show all sensitive habitat or wetlands on the plot plan. The Building Official may require more information as needed.

         
 

6.

Plans and Other Data

     
   

a.

Proposed Amendment

       
     

Currently, Section 9029 allows the Building Official to require other plans and data as needed to evaluate a building permit application. It is not explicitly stated in this section that a survey or drainage plan may be required as part of the application materials. Many applicants are therefore confused when either or both of these plans are requested. Subsections 4 and 5 are proposed to Section 9029 specifying the requirement for a survey and site drainage plan.

       
   

b.

Rationale

       
     

Although the requirement for a survey is currently stated in a different Section of Division VII (9059), it is proposed to be re-stated in this section where it is more appropriate to the preparation of plans. Applicants will be more likely to see the requirement and understand it if it is referenced along with other application materials.

       
     

With the increasing number of in-fill houses being constructed within San Mateo County, especially on steep slopes, the need to address site drainage has also increased. Proposed subsection 5 would address this situation and would provide the authority for the County to require the plan to be prepared by a licensed civil engineer on the more difficult sites.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9029. PLANS AND OTHER DATA. Plans and other data may be required by the Building Official in accordance with the following provisions:

       
     

1.

For enforcement of any provisions of this code or construction codes, plans, diagrams, calculations and other data shall be submitted in five (5) sets with each application for a permit. The Building Official may require additional sets to be submitted on a case-by-case basis.

         
     

2.

The Building Official may require the plans and other data to be prepared and designed by an engineer or architect licensed by the State to practice as such.

         
     

3.

Plans and other data shall be drawn to scale upon substantial paper, in blue print form or other approved copying method, and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that the building, structure, or system will conform to the provisions of this code and the construction codes and all relevant laws, ordinances, rules and regulations. The first sheet of each set of building plans shall give the street address of the work and the name and address of the owner or lessee and person who prepared them. Building plans shall also include a plot plan showing the location of the proposed building or improvement and of all existing and proposed improvements, including, but not limited to, accessory structures, retaining walls, swimming pools, decks, bridges, public and private easements, and other manmade improvements.

         
     

4.

A survey or boundary survey may be required to verify compliance with zoning and building code setbacks.

         
     

5.

A drainage plan may be required which can demonstrate how roof drainage and surface runoff will be directed to an approved location. On sites which present a difficult, sensitive or unusual situation, the Building Official may require that such plan be prepared by a licensed civil engineer.

         
     

6.

A sediment and erosion control plan may be required which will demonstrate how measures will be installed and maintained during the course of a project to ensure compliance with County and Regional Water Quality Board regulations. The Building Official may require that a licensed civil engineer prepare such plan.

         
     

7.

Plans or specifications for the installation of environmental heating or cooling systems, absorption systems, ventilation systems and hoods shall show the following:

         
       

a.

Layout for each floor with dimensions of all working spaces and a legend of all symbols used.

           
       

b.

Location, size and materials of all piping.

           
       

c.

Location, size, and materials of all air ducts, air inlets, and air outlets.

           
       

d.

Location of all fans, warm-air furnaces, boilers, absorption units, refrigerant compressors, and condensers and the weight of all pieces of such equipment weighing 200 pounds or more.

           
       

e.

Rated capacity or horsepower of all boilers, warm-air furnaces, heat exchangers, blower fans, refrigerant compressors, and absorption units.

           
       

f.

Location, size, and material of all combustion products’ vents and chimneys.

           
       

g.

Location and area of all ventilation and combustion air openings and ducts.

           
       

h.

Location of all air dampers and fire shutters.

           
     

8.

Computations, stress diagrams, geotechnical and other data sufficient to show the correctness of the plans shall be submitted when required by the Building Official. Plans for buildings more than two stories in height, or other than conventional construction, shall indicate how required structural integrity and fire resistance will be maintained where a penetration will be made for electrical, mechanical, plumbing, and communication conduits, pipes and similar systems.

         
     

9.

One set of approved plans, computations, and data shall be retained by the Building Official for a period of not less than 90 days from the date of completion of the work covered therein; and one set of approved plans and data shall be returned to the applicant, which shall be kept on such building or work site at all times during which the work authorized thereby is in progress.

         
     

10.

When authorized by the Building Official, plans or other data need not be submitted for the following:

         
       

a.

One-story buildings of conventional wood stud construction with an area not exceeding 600 square feet.

           
       

b.

Work, which in the determination of the Building Official, is small and unimportant.

           
     

11.

The Building Official need not accept plans or other data, which are not legible and complete, or do not conform with the provisions of this section.

         
 

7.

Expiration

     
   

a.

Proposed Amendment

       
     

Currently, Section 9032 states that a building permit will expire within 120 days of its issuance if work is not commenced within that time period. The proposed amendment would extend this time period to 180 days such that every building, plumbing, mechanical, or electrical permit issued by the Building Official under the provisions of the San Mateo County code would expire and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned for a period of 180 calendar days at any time after the issuance of the permit.

       
   

b.

Rationale

       
     

This amendment would make the County regulations consistent with those of the California Building Standards Code. Although the administrative regulations of the California Building Standards Code are not required to be adopted by local jurisdictions, most jurisdictions are consistent with the 180-day expiration times. Conforming the County regulations with the State regulations will help eliminate confusion amongst builders who also work in California jurisdictions other than the County.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9032. EXPIRATION

       
     

1.

Every building, plumbing, mechanical, or electrical permit issued by the Building Official under the provisions of this code shall expire and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned for a period of 180 calendar days at any time after the issuance of the permit. Evidence of continuation of work consists of one progress inspection by the Building Inspection Section within 180 calendar days, which can demonstrate substantial progress in one or more of the major trades. Before such work can be recommenced, reinstatement of the permit will be required. The fee for reinstatement shall be one-half of the amount of the original permit fees, provided that no changes have been made or will be made in the original plans or scope of such work; and provided, further, that such suspension or abandonment has not exceeded one year. Expiration of permits that exceed one year requires that full permit fees be paid.

         
     

2.

The Building Official may have the discretion to provide an extension of this time to a permit holder who submits a valid written request for an extension of time prior to the expiration of the permit.

         
     

3.

The Building Official may also have the discretion to waive the operation of this section where the delay in commencing work or the suspension of work has been caused by acts of God, economic hardship, or personal illness.

         
 

8.

Term of Permits

     
   

a.

Proposed Amendment

       
     

Paragraph three of existing code section 9033 has two sub-paragraphs that are unclear and make it difficult to determine whether permit expiration only applies to the commercial and industrial structures referenced in that paragraph or, in fact, apply to all building permits. Staff recommends that the un-numbered paragraphs be rewritten as two separate paragraphs. The currently un-numbered paragraphs in the existing third paragraph would be given individual subsection numbers (5 and 6) and would clearly refer to all building permits. New number 5 would read, “permits which expire due to time limitations shall be reinstated before work can continue. Reinstatement shall require the payment of new fees and must comply with all applicable codes, ordinances, laws, and regulations in effect at the time of the reinstatement.” New number 6 would read, “term limits for reinstated permits shall be set by the Building Official on a case-by-case basis and may include term limits which are substantially less than stated above. Applicants may be required to submit written time lines for inspections and completion of permits before such permit will be reinstated.”

       
     

In addition, a new paragraph is proposed which specifically addresses Hotels, Motels, Condominiums, Townhouses and Apartment Buildings because these types of structures had not be addressed at all previously.

       
   

b.

Rationale

       
     

In the current code version, it is unclear to the reader which building permits are subject to expiration terms. Re-numbering these paragraphs clarifies that they stand-alone and apply to all permits.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9033. TERM OF PERMITS

       
     

1.

Residential, Garages and Agricultural Structures: Permits for new residences, additions to residences, garages, and agricultural buildings shall be valid for one year from the date of issuance. The Building Official may have the discretion to extend this period for a second year when the applicant can demonstrate that completion of the project could not be accomplished due to economic hardship or documented personal illness.

         
     

2.

Hotels, Motels, Condominiums, Townhouses and Apartment Buildings: Permits for the construction or alteration of these occupancies or structures shall be valid for two years from the date of issuance. The Building Official may have the discretion to extend this period for a third year when the applicant can demonstrate that completion of the project could not be accomplished due to economic hardship or documented personal illness.

         
     

3.

Commercial and Industrial Structures: Permits for the construction or alteration of non-residential structures shall be valid for two years from the date of issuance. The Building Official may have the discretion to extend this period for a third year when the applicant can demonstrate that completion of the project could not be accomplished due to economic hardship or documented personal illness.

         
     

4.

Miscellaneous Permits: Permits for miscellaneous items including, but not necessarily limited to, re-roofing, wooden decks, hot tub/spas, water heaters, furnaces, air conditioners, electrical services, temporary power poles, factory-built wood stoves, storage sheds, window replacements, and similar items shall be valid for 180 days from the date of issuance of the permit. The Building Official may have the discretion to extend this period, not to exceed an additional 180 days, when the applicant can demonstrate that completion of the project could not be accomplished due to economic hardship or documented personal illness.

         
     

5.

Permits, which expire due to time limitation, shall be reinstated before work can continue. Reinstatement shall require the payment of new fees and the project must comply with all applicable codes, ordinances, laws and regulations in effect at the time of reinstatement. Reinstatement fees shall be one-half of the amount of the original building, plumbing, mechanical and electrical fees, provided that such expiration has not exceeded one year. Reinstatement fees for permits which have been expired in excess of one year shall be equal to the full building, plumbing, mechanical and electrical fees of the original permit.

         
     

6.

Term limits for reinstated permits shall be set by the Building Official on a case-by-case basis and may include term limits, which were substantially less than stated in subsections 1 through 4 of this section. Applicants may be required to submit written time lines for inspections and completion of permits before such permit will be reinstated. Such time lines and schedules must be substantially followed or revocation of the reinstated permit will occur.

         
 

9.

Refund of Permit Fees

     
   

a.

Proposed Amendment

       
     

Wording would be added to this section to clarify that permits that have been canceled because of abandonment or term expiration are not eligible for a refund.

       
   

b.

Rationale

       
     

It is not uncommon for a permit to be abandoned by an applicant. Since there are time limits for permits, they expire after that limit has been reached. If the applicant does not reinstate a permit, it is eventually canceled. With these types of cases, staff has generally already expended time on plan check and permit administration, often exceeding that which was collected in permit fees. This is especially true with very old permits that were under older fees. The current code is not clear that a permit that had been canceled is not eligible for a refund. This proposed wording clarifies that point.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9042. REFUND OF PERMIT FEES. During the period for which a permit continues in force, the applicant may surrender such permit to the Building Official; and if no work has been performed thereunder and the permit has not expired or been canceled, the Building Official may authorize a refund to such applicant of 75 percent of the permit fee therefore paid for such permit. The refund of such fees shall not include plan check, filing, energy compliance, microfilming, geotechnical, or other accessory fees.

       
 

10.

Final Inspection Addressing

     
   

a.

Proposed Amendment

       
     

The title of this section would be modified from Final Inspection to include the term “Addressing” to read “Final Inspection and Addressing.” The section would be divided into two separate subsections with new Subsection 2 requiring adequate addresses to be posted on a building during construction and prior to final approval. Section 501.2 of the State Building Standards Code states: “Address numbers. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers would be required to contrast with their background. Address numbers would be Arabic numerals or alphabetical letters. Numbers would be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).”

       
   

b.

Rationale

       
     

Addressing is an important part of emergency response. This proposed section is intended to assist in the identification of buildings and separate occupancies within a building. Although addressing is a requirement found in the California State Building Standards Code, this proposed amendment specifically makes it a requirement during construction and upon final approval. This amendment would help San Mateo County better serve its residents during construction or during an emergency at any time.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9058. FINAL INSPECTION AND ADDRESSING

       
     

1.

There shall be a final inspection and approval on all buildings or structures when completed and ready for occupancy. A final inspection approval may, upon notice, be revoked by the Building Official if it is found that construction, work, or equipment fails in any respect to comply with the requirement of these codes, or that the installation is unsafe, dangerous, or a hazard to life or property.

         
     

2.

The address of the structure must be posted on all buildings in a position such that it is plainly visible and legible from the street or road fronting the property. Buildings with multiple units or tenants must have each unit or suite identified by a separate address or unit number/letter. Where structures are remote to the public or is a private road, additional directional signage may be required at each driveway or roadway intersecting the access to the building or structure. Nothing in this subsection shall prevent any fire authority having jurisdiction from adopting and enforcing regulations imposing more stringent requirements for addressing requirements.

         
 

11.

Temporary Certificate

     
   

a.

Proposed Amendment

       
     

Subsection 3 of existing Section 9067 would have wording added that specifies that progress inspections are required during the term of a temporary occupancy.

       
   

b.

Rationale

       
     

Temporary occupancies are issued to allow people to occupy a structure, once it has been determined to be safe enough to do so, and allow them to continue to work on the project to complete it. This proposed wording clarifies that the applicant must demonstrate, through inspections, that work is continuing.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9067. TEMPORARY CERTIFICATE

       
     

1.

A temporary Certificate of Occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure.

         
     

2.

The Building Official may require a surety deposit made payable to the County of San Mateo in an amount as determined by the Building Official.

         
     

3.

Projects for which a temporary Certificate of Occupancy has been issued must be completed within one year of the date of approval for said occupancy. Failure to complete the project within one year may result in revocation of the temporary Certificate of Occupancy. The permit associated with a project must stay active during the period in which the temporary occupancy has been issued. Proof of activity must comply with Section 9032 of this code.

         
     

4.

The Building Official may authorize the temporary occupancy of a trailer, single-wide mobile home, or recreation vehicle during the construction of a project. This trailer, mobile home, or recreational vehicle shall only be occupied by the owner of the property and a surety deposit, as described in Item 2 above, shall be required. Occupancy of said trailer, mobile home or recreational vehicle must be vacated immediately upon completion of the construction project and is limited to the term of the permit.

         
     

5.

The Building Official may authorize the temporary connection of gas and electric utilities prior to the completion of the construction project. A surety deposit as described in Item 2 above shall be required.

         
 

12.

Adoption of the California Building Standards Code, Electrical Code, Plumbing Code, and Mechanical Code

     
   

a.

Proposed Amendments

       
     

These sections adopt the latest editions of the California Building Code, Electrical Code, Plumbing Code, and Mechanical Code with any new appendices, amendments, errata, and/or emergency supplements which were not adopted in the last code adoption.

       
   

b.

Rationale

       
     

As stated above, new editions of the Building Code, Electrical Code, Plumbing Code and Mechanical Code have been adopted in this triennial edition of the California Building Standards Code. In order to effectively administer the County Ordinance Code and the California State Building Standards Code, it is necessary for the County to specifically adopt these latest editions, with local amendments as noted in this report.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9100. ADOPTION OF 2007 CALIFORNIA BUILDING STANDARDS CODE. The latest adopted editions of the 2007 California Building Standards Code, Title 24, excluding Part 1 (California Administrative Code) and including the 2007 California Building Code (Part 2), 2007 California Energy Code (Part 6), 2007 California Elevator Safety Construction Code (Part 7), 2007 California Historical Building Code (Part 8), 2007 California Fire Code (Part 9), 2007 California Existing Building Code (Part 10), 2007 California Reference Standards Code (Part 12) and all appendices, amendments, errata, and emergency supplements are hereby adopted and by reference except as otherwise provided in Division VII, as the Building Code of the County of San Mateo. A copy of the “California Building Standards Code” is on file at the San Mateo County Building Inspection Section. The mandatory requirements of the appendix to the California Building Standards Code shall be enforceable to the same extent as if contained in the body of the Building Code. Any amendments, errata and/or emergency supplements to this code shall be enforceable to the same extent as if contained in the body of the “California Building Standards Code.”

       
     

SECTION 9150. ADOPTION OF 2007 CALIFORNIA ELECTRICAL CODE. The latest adopted edition of the 2007 California Electrical Code (Title 24, Part 3), based on the 2005 National Electrical Code (NEC) is hereby adopted and incorporated by reference. All appendices within the referenced standard above and all amendments, errata, and/or emergency supplements are also adopted during this triennial California Building Standards Code cycle. A copy of the “California Electrical Code” is on file at the San Mateo County Building Inspection Section.

       
     

SECTION 9180. ADOPTION OF 2007 CALIFORNIA PLUMBING CODE. The latest adopted edition of the 2007 California Plumbing Code (Title 24, Part 5), based on the 2006 Uniform Plumbing Code (UPC) is hereby adopted and incorporated by reference. All appendices within the referenced standard above, and all amendments, errata, and/or emergency supplements are also adopted during this triennial California Building Standards Code cycle. A copy of the “California Plumbing Code” is on file at the San Mateo County Building Inspection Section.

       
     

SECTION 9200. ADOPTION OF 2007 CALIFORNIA MECHANICAL CODE. The latest adopted edition of the 2007 California Mechanical Code (Title 24, Part 4), based on the 2006 Uniform Mechanical Code (UMC) is hereby adopted and incorporated by reference. All appendices within the referenced standard above, and all amendments, errata, and/or emergency supplements are also adopted during this triennial California Building Standards Code cycle. A copy of the “California Mechanical Code” is on file at the San Mateo County Building Inspection Section.

       
 

13.

Adoption of the California Historical Building Code

     
   

a.

Proposed Amendment

       
     

This section adopts the latest edition of the California Historical Building Code, which was not adopted locally in the last code adoption.

       
   

b.

Rationale

       
     

Locally designated or qualifying Historical Buildings would be afforded the opportunity to utilize this edition of the code in order to preserve, restore, rehabilitate, relocate or reconstruct historical buildings or properties in unincorporated San Mateo County.

       
   

c.

Proposed Ordinance Code Language

       
     

SECTION 9271. ADOPTION OF CALIFORNIA HISTORICAL BUILDING CODE. The latest adopted edition of the California Building Standards Code, Title 24, Part 8, California Historical Building Code establishing minimum requirements for preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties is hereby adopted for the unincorporated territory of the County of San Mateo.

       

REVIEWING AGENCY

 

County Counsel

 

FISCAL IMPACT

 

None.

 

ATTACHMENTS

 

A.

Recommended Findings and Action.

B.

Ordinance Adopting the 2007 Editions of the California Building Standards Code, 2007 California Plumbing Code, 2007 California Mechanical Code, 2007 California Electrical Code with Local Amendments and Re-Adopting San Mateo County Ordinance Code, Division VII with Amendments.

   

Attachment A

 

COUNTY OF SAN MATEO

PLANNING AND BUILDING DEPARTMENT

 

RECOMMENDED FINDINGS AND ACTION

 
 

Board Meeting Date: December 9, 2008

 

Prepared By: Charles Clark, Building Inspection Manager

For Adoption By: Board of Supervisors

 
 

RECOMMENDED FINDINGS

 

Regarding the Adoption of the California Building Standards Codes, Find:

 

1.

That the proposed adoption of the current triennial edition of the California Building Standards Codes, Title 24 and all appendices as required by law provide the minimum specific building code requirements for certain occupancies and types of buildings to ensure that structures, which are erected or altered, are constructed in a manner that address the highest level for health, fire, and life safety issues as discussed in the staff report.

   

Regarding the Re-adoption of the San Mateo County Ordinance Code, Division VII (Building Regulations), Find:

 

2.

That the proposed re-adoption of the San Mateo County Ordinance Code, Division VII (Building Regulations) is required in order to update the regulations every time we adopt the California Building Standards Codes and will also provide the minimum specific building code requirements for certain occupancies and types of buildings to ensure that structures, which are erected or altered, are constructed in a manner that address specific local conditions regarding health, fire, and life safety issues as discussed in the staff report.

   

Regarding the Adoption of the Local Amendments of the California Building Standards Codes, Find:

 

3.

That the proposed adoption of the local amendments of the current triennial edition of the California Building Standards Codes, Title 24 and all appendices provide the minimum specific local building code requirements for certain occupancies and types of buildings to ensure that structures in unincorporated San Mateo County, which are erected or altered, are constructed in a manner that address certain local climatic, geologic, or topographic conditions and to the highest level for health, fire, and life safety issues as discussed in the staff report; specifically:

   
 

a.

Regarding slab thickness and reinforcement, that San Mateo County is located in a geological area that contains expansive soils thereby requiring slabs be reinforced to minimize damage from soil expansion and contraction.

     
 

b.

Regarding Class B or better roofing, fire sprinkler requirements, roof coverage limitations for solar (PV) systems, and fire hazard area standards, that in San Mateo County there are climatic (including precipitation and relative humidity, temperature, and wind conditions), geological (including seismicity and soils), topographical (including vegetation, surface features, buildings, landscaping, and terrain, and electrical power transmission equipment) conditions that limit or reduce the effectiveness and capabilities of fire departments in controlling fires involving buildings used for human habitation, as well as structures not used for human habitation, and that such local conditions also cause situations which increase the likelihood of ignition and rapid and intense burning, and the likelihood of extensive damage from smoke and heat, and increased water damage resulting from quantities of water necessary to control fires occurring in such buildings and necessitate more restrictive fire prevention measures that mitigate and prevent the adverse impacts and results caused by such local climatic, geological and topographic conditions.

     
   

Further finds that the adoption of these code changes and modifications may not prevent the incidence of fire; however, the implementation of these changes can reduce the severity and potential for loss of life and property.

     
 

c.

Regarding plastic pipe prohibition, that due to climatic and geological conditions within San Mateo County, create situations which can and do result in health and safety conditions which in turn result in excessive harm and danger to life and property in that plastic materials are subject to deterioration, causing brittleness, and in a seismic event, these brittle materials are likely to crack or break, causing leakage and possible cross contamination. These cracks or breaks can occur within concealed spaces, making detection difficult until health problems or excessive odors occur.

     

Regarding the Adoption of Local Administrative Amendments of the California Building Standards Codes, Find:

 

4.

That these local amendments are necessary for the effective administration of building permits, including new County standards, updating terminology and numbering systems, clarifying requirements, processes, and any ambiguities, permit terms and expirations, refunds, and addressing as discussed in the staff report.

   

RECOMMENDED ACTION

 

Adopt the Ordinance implementing the California Building Standards Codes, the San Mateo County Ordinance Code, Division VII (Building Regulations), and Local and Administrative Amendments of the California Building Standards Codes attached hereto as Attachment B.