§ 13-4.2.1. Amendments to the 2016 California Residential Code.

The 2016 California Residential Code is amended as follows:

(a)

Section 1.8.5.1 is amended to read as follows:

1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following:

(The remainder of this section is unchanged.)

(b)

Section 1.8.8.1 to delete the final sentence and add the following:

For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code.

(c)

Chapter 1, Division II is modified as follows:

(1) Section 104.6 is amended to add the following phrase to the end of the last sentence:

", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California."

(2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5, 9 and 10, and to modify subsections 1 and 6 to read as follows:

1. Detached accessory structures used as playhouses or play structures provided that the structure:

a. Does not exceed one-hundred twenty (120) square feet in area and is portable (i.e., is not anchored or affixed in any way);

b. Does not exceed twelve (12) feet in height; and

c. Contains no plumbing, electricity or heating or cooling appliances.

d. Does not exceed one-story.

6. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and/or re-striping of parking lots shall require a permit.

(3) Section 105.5 is amended to read as follows:

Section 105.5 Expiration.

1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued, except as follows:

a. In instances where the project is unusually large or complex, a twenty-four (24) month permit may be issued in the reasonable discretion of the Building Official at the time of initial issuance; or

b. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis and any other relevant facts.

2. Once the initial permit and/or approved six (6) month extension has expired, a Stop Work Order shall be issued and work shall not recommence until the permit is reactivated and extended. Reactivation and extension shall be allowed only if there have been no substantive changes to the approved plans and specifications and a Reactivation/Extension Charge equal to the original project construction permit fees is paid. A Reactivation/Extension Charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph.

3. If the project is not completed within the six (6) month extension allowed under subsection 2 above, a Stop Work Order shall be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if there have been no substantive changes in the approved plans and specifications and a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 2 above, is paid. The Building Official may, in his sole discretion, reduce the penalty based on such reasons as the project's nearness to completion and/or the cause of the delay. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph.

4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order shall be issued and the matter referred to the town council for resolution. The town council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge, and provided that there have been no substantive changes in the approved plans and specifications. The town council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay.

5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, or pursuant to this subsection 5, a Stop Work Order shall be issued and the matter referred to the town council for resolution. The town council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The town council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 2 above) as a Reactivation/Extension Charge, provided that there have been no substantive changes in the approved plans and specifications.

(d)

Section R319.1 is amended to read as follows:

R319.1 Address Numbers. The following standards for address markings shall apply to residential buildings:

a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one-half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building.

b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex.

c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. above. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door.

d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification.

e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority.

f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section.

(e)

Section R312.1.1 is amended by adding the following sentence:

"Guards are also required at waterfront bulkheads, fixed piers and gangways."

(f)

Section R313.3, first sentence, is amended to read as follows:

R313.3 Where required.

Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control.

(g)

Section R905 is amended to read as follows:

The roof covering on any structure regulated by this code shall be as specified in California Residential Code Chapter 9 with the following conditions:

1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering.

2. Where alterations or repairs to existing roofs involve more than fifty percent of the total area of an existing building within a one year time period, the entire roof shall be retrofitted with at least a Class A-listed or noncombustible roof.

3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control.

(Ord. No. 566 N.S., § 2, 11-16-2016)