Title
ORDINANCE Repealing Article 1 of Chapter 5 of Title Vll of the San Leandro Municipal Code, and Adopting CCR Title 24 California Building Standards Code, 2016 California Building Code, as Published by the International Code Council, as Chapter 5 of Title Vll of the San Leandro Municipal Code, and Made a Part Hereof as if Fully Set Forth Herein at Length, and Shall Be Known as “the City of San Leandro Building Code”
Body
The City Council of the City of San Leandro does ORDAIN as follows:
Section 1. Article 1 of Chapter 5 of Title Vll of the San Leandro Municipal Code is hereby repealed in its entirety.
Section 2. Article 1 is hereby added to Chapter 5 of Title Vll of the San Leandro Municipal Code to read as follows:
ARTICLE 1. BUILDING CODE
Section 7-5-100: ADOPTION. Except as hereinafter specifically set forth, the “2016 California Building Code”, California Code of Regulations, Title 24, Part 2, as published by the International Council Commission, is hereby adopted as the “Building Code” of the City of San Leandro. However, in accordance with California Government Code Section 50022.4, no penalty clauses are adopted by reference. In the event an amendment to the California Building Standards Code results in differences between these building standards and the California Building Standards Code, the text of these building standards shall govern. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the California Building Standards Code are reasonably necessary because of local climatic, geological or topographical conditions are either already on file with the California Building Standards Commission, or will be filed prior to the effective date of this Ordinance. In accordance with California Government Code Section 50022.6, at least one true copy of the California Building Standards Code has been on file with the San Leandro City Clerk since fifteen days prior to enactment of this Ordinance. While this Ordinance is in force, a true copy of the California Residential Building Code shall be kept for public inspection in the office of the San Leandro Building Division.
Section 7-5-105: ENFORCEMENT AND ABATEMENT PROCEDURES. Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.
Chapter 1 of the 2016 California Building Code is amended and adopted, and shall be known as the “City of San Leandro Building Code”, as follows:
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title.
These regulations shall be known as the City of San Leandro Building Code, hereinafter referred to as “this Code.”
101.2 Scope.
The provisions of this Code shall apply to the construction, alteration, relocation, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances or systems connected or attached to such buildings or structures.
101.2.1 Appendices.
Provisions in the appendices can be approved for use by the Building Official.
101.3 Purpose and Intent.
The purpose of this Code is to establish minimum standards to safeguard public health, safety, and general welfare by regulating the design, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, construction, installation, quality of materials, use, occupancy, location, energy conservation and maintenance of all buildings, structures, and certain equipment as specifically set forth herein and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. Consistent with this purpose, the provisions of this Code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.
This Code shall not be construed to hold the City of San Leandro or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.
This Section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous Code adoptions.
101.4 Referenced Codes.
The other Codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference.
101.4.1 Electrical.
The provisions of the San Leandro Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.2 Gas.
The provisions of the San Leandro Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
101.4.3 Mechanical.
The provisions of the San Leandro Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.4 Plumbing.
The provisions of the San Leandro Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
101.4.5 Property maintenance.
The provisions of the San Leandro Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
101.4.6 Fire prevention.
The provisions of the San Leandro Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.7 Energy.
The provisions of the California Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.
101.4.8 California Green Building Code.
The provisions of the California Green Building Code (CGBC) as published by the California Building Standards Commission shall apply to matters affecting or relating to planning, design, operation, construction, use and occupancy of every newly constructed building or structure. The purpose of which is to encourage sustainable construction practices in the following categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency and environmental quality. A copy of the CGBC shall be maintained on file in the office of the City Clerk.
SECTION 102
APPLICABILITY
102.1 General.
Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
102.2 Other laws.
The provisions of this Code shall not be deemed to nullify any provisions of local, state or federal law.
102.3 Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this Code.
102.4 Referenced Codes and standards.
The Codes and Standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and referenced Codes and Standards, the provisions of this Code shall apply.
102.5 Partial invalidity.
In the event that any part or provision of this Code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
102.6 Existing structures.
The legal occupancy of any structure existing on the date of adoption of this Code shall be permitted to continue without change, except as is specifically covered in this Code, the San Leandro Existing Building Code or the San Leandro Fire Code, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.
SECTION 103
DIVISION OF BUILDING AND SAFETY
103.1 Creation of enforcement agency.
The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the Building Official.
103.2 Appointment.
The Building Official shall be appointed by the City Manager.
103.3 Deputies.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a Deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official.
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
104.1 General.
The Building Official is hereby authorized and directed to enforce the provisions of this Code. The Building Official shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code.
104.2 Applications and permits.
In order to verify compliance with any applicable laws the Building Official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code.
When an application for demolition of a structure is applied for and the Building Official has cause to believe that the structure may have historical significance, the application may be referred to the Library-Historical Commission for a determination of eligibility.
For the purpose of determining historical significance, any structure built prior to 1940 is presumed to be potentially significant.
An application for a demolition permit may be denied by the Building Official if the issuance of the permit would result in the destruction in whole or part of a historical resource.
104.3 Notices and orders.
The Building Official shall issue all necessary notices or orders to ensure compliance with this Code.
104.4 Inspections.
The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.
104.5 Identification.
The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.
104.6 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
104.6.1 Right of entry, exigent circumstances emergency procedures.
If the Building Official or an authorized representative has reasonable cause to believe that the conditions constitute an immediate hazard to human life or the public welfare the Building Official shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the Building Official shall first present credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.
"Authorized representative" shall include the officers named in Subsection 103.3 and their authorized inspection personnel.
No person shall fail or refuse, after proper demand has been made upon such person as provided in this subsection, to promptly permit the Building Official or an authorized representative to make any inspection provided for by this section. Any person violating this subsection shall be guilty of a misdemeanor.
104.7 Department records.
The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
104.8 Liability.
The Building Official, member of the board of appeals or employee charged with the enforcement of this Code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the City Attorney until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this Code.
104.9 Approved materials and equipment.
Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment.
The use of used materials which meet the requirements of this Code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official.
104.10 Modifications.
Wherever there are practical difficulties involved in carrying out the provisions of this Code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the Building Official shall first find that special individual reason makes the strict letter of this Code impractical and the modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Division of Building and Safety Services.
104.11 Alternative materials, design and methods of construction and equipment.
The provisions of this Code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this Code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety.
104.11.1 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this Code, shall consist of valid research reports from approved sources.
104.11.2 Tests.
Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records.
SECTION 105
PERMITS
105.1 Required.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit.
105.1.1 Unpermitted Structures.
No person shall own, use, occupy or maintain any "Unpermitted Structure."
For the purposes of this Code, "Unpermitted Structure" shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time, without the required permit(s) and approvals having first been obtained from the Building Official.
105.2 Work exempt from permit.
Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).
2. Fences not over 7 feet (7ft 2.13m) high when located in the rear yard setback area as defined in the Zoning Code.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1.22 m) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2:1.
6. Sidewalks, platforms and driveways not more than 30 inches (.76 m) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, counter tops and similar finish work in R-3 occupancies.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (.61 m) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies.
13. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1.75 m) in height.
14. A tree house provided that:
It does not exceed 64 square feet (5.95 m2) in area or more than 15 ft. (4.57) in height and is accessory to a detached one or two family dwelling.
The structure does not encroach into the setback requirements established by the City of San Leandro Zoning Code Section 2-546.
105.3 Application for permit.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Division of Building and Safety for that purpose. 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 legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant’s authorized agent.
7. Give such other data and information as required by the Building Official.
105.3.1 Action on application.
The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of this Code and laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.
105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official may extend the time for action based on petition by the applicant detailing circumstances beyond the control of the applicant which have prevented action from being taken. Additional extensions for periods not exceeding 180 days may be authorized. Extensions shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
105.4 Validity of permit.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is authorized to prevent occupancy or use of a structure where in violation of this Code or of any other ordinances of this jurisdiction. The Building Official may grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated
105.5 Expiration.
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official may grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee and permit fee.
105.6 Suspension or revocation.
The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Code.
105.7 Placement of permit.
The building permit or copy shall be kept on the site of the work until the completion of the project.
SECTION 106
Reserved
SECTION 107
CONSTRUCTION DOCUMENTS
107.1 Submittal documents.
Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Code.
107.1.1 Information on construction documents.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and relevant laws, ordinances, rules and regulations, as determined by the Building Official.
107.1.1.1 Fire protection system shop drawings.
Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this Code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.
107.1.2 Means of egress.
The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this Code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
107.1.3 Exterior wall envelope.
Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this Code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.
The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.
107.2 Site plan.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
107.3 Examination of documents.
The Building Official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this Code and other pertinent laws or ordinances.
107.3.1 Approval of construction documents.
When the Building Official issues a permit, the construction documents shall be marked, in writing or by stamp, with “REVIEWED FOR CODE COMPLIANCE”. These are the official plans reviewed by the City of San Leandro for building permit purposes. They are required to be on the job, available to the Building Official or duly authorized representative at all times. One set of construction documents so reviewed shall be retained by the Building Official.
107.3.2 Previous approvals.
This Code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this Code and has not been abandoned.
107.3.3 Phased approval.
The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.
107.3.4 Design professional in responsible charge.
107.3.4.1 General.
When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
Where structural observation is required by Section 1704, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1705).
107.3.4.2 Deferred submittals.
For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a specified period.
Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the Building Official.
107.4 Amended construction documents.
Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
107.5 Retention of construction documents.
One set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General.
The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official is authorized to grant extensions for demonstrated cause.
108.2 Conformance.
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this Code as necessary to ensure public health, safety and general welfare.
108.3 Temporary power.
The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the Electrical Code.
108.4 Termination of approval.
The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
SECTION 109
FEES
109.1 Payment of fees.
A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
Fees shall be assessed for permits and associated plan review in accordance with the fee schedule established by the San Leandro City Council as set forth in Chapter 4 of the San Leandro Administrative Code.
109.2 Permit fees.
1. General: Fees shall be assessed in accordance with the provisions of this section.
2. Permit Fees: The fee for each permit shall be as set forth in this section. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and other permanent equipment.
3. Plan Review Fees: When submittal documents are required by Section 107.1, a plan review shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be eighty percent (80%) of the building permit fee as set forth in the applicable fee schedule resolution adopted by the City Council.
The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 108.2(b) and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.2, an additional plan review fee shall be charged at the rate shown in the fee schedule.
4. Expiration of Plan Review: Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
5. Investigation Fees-Work Without a Permit:
(a) Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation may, in the sole discretion of the Building Official be made before a permit may be issued for such work.
(b) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the building permit fee required by this Code. The minimum investigation fee shall be the same as the minimum fee set forth by the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law.
(c) Penalty. Whenever any work for which a permit is required by this Article has been commenced without first obtaining said permit, the Building Official may impose a penalty for said action in an amount equal to three (3) times the amount of the building permit fee as set forth in the applicable fee schedule resolution adopted by the City Council. Payment of any penalty imposed shall be a condition precedent to issuance of a building permit.
6. Fee Refunds:
(a) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
(b) The Building Official may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code.
(c) The Building Official may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
(d) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.
SECTION 110
INSPECTIONS
110.1 General.
Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances of the City. Inspections presuming to give authority to violate or cancel the provisions of this Code or of other ordinances of the City shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
110.2 Preliminary inspection.
Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
110.3 Required inspections.
The Building Official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.10.
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms and flood vent openings shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
110.3.2 Concrete slab and under-floor inspection.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
110.3.3 Lowest floor elevation.
In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the Building Official.
110.3.4 Frame inspection.
Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing including plumbing for residential fire sprinklers, heating wires, pipes and ducts are approved.
110.3.5 Lath and gypsum board inspection.
Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.
110.3.6 Fire-resistant penetrations.
Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.
110.3.7 Energy efficiency inspections.
Inspections shall be made to determine compliance with Title 24, Part 6 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency, and by outside inspection agencies for required HERS testing.
110.3.8 Other inspections.
In addition to the inspections specified above, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws that are enforced by the division of building and safety services.
110.3.9 Special inspections.
For special inspections, see Section 1704.
110.3.9.1 Residential fire sprinkler final inspection.
Inspection shall be made to determine compliance with the San Leandro Residential Code 2016 Edition Section R313.3 or NFPA 13D 2016 Edition “Standard for the Installation of Sprinkler Systems in One- and Two-family Dwellings and Manufactured Homes.”
110.3.10 Final inspection.
The final inspection shall be made after all work required by the building permit is completed.
110.4 Inspection agencies.
The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
110.5 Inspection requests.
It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this Code.
110.6 Approval required.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.
SECTION 111
CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy.
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction.
111.2 Certificate issued.
After the Building Official inspects the building or structure and finds no violations of the provisions of this Code or other laws that are enforced by the Division of Building and Safety, the Building Official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the Code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. If an automatic sprinkler system is provided, whether the sprinkler system is required.
11. Any special stipulations and conditions of the building permit.
12. The design occupant load.
111.3 Temporary occupancy.
The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid.
111.4 Revocation.
The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this Code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this Code.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities.
No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this Code for which a permit is required, until released by the Building Official.
112.2 Temporary connection.
The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
112.3 Authority to disconnect service utilities.
The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Code and the Codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
SECTION 113
BOARDS OF APPEALS
113.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Building Board of Appeals.
The Board shall consist of three members, each of whom shall be qualified by experience and training to pass upon matters pertaining to building construction, and shall include an Architect, a Civil Engineer and a licensed General Contractor, as well as two alternates who shall be Architects or Civil Engineers.
The Building Official shall be an ex officio member and shall act as Secretary to the Board. The members of the Building Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Building Board of Appeals shall adopt reasonable rules and regulations for conducting its business.
113.2 Scope of authority.
Except as provided below, the Building Board of Appeals shall have the authority to hear appeals regarding any action of the Building Official.
The Building Board of Appeals shall have no authority relative to interpretation of the administrative portions of this Code, other than Section 116, nor shall the Board be empowered to waive requirements of this Code. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed.
The Building Board of Appeals shall document all decisions and findings in writing to the Building Official with a duplicate copy to the applicant.
113.3 Accessibility Appeals Board.
In order to conduct the hearings on written appeals regarding action taken by the Building Official and to ratify certain exempting actions of the Building Official in enforcing the accessibility requirements of Title 24 of the California Code of Regulations for privately-funded construction, to serve as an advisor to the Building Official on disabled access matters, there shall be an Accessibility Appeals Board as established and provided for in section 19957.5 of the California Health and Safety Code. The Accessibility Appeals Board shall consist of five members. Two members of the appeals board shall be physically disabled persons; the remaining three members shall be the members of the Building Board of Appeals. The Building Official shall be an ex officio member and shall act as Secretary to the Board.
The Appeals Board may approve or disapprove interpretations and enforcement actions taken by the Building Official. All such approvals or disapprovals shall be final and conclusive as to the Building Official in the absence of fraud or prejudicial abuse of discretion. The Board shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties.
113.4 Housing Rehabilitation Appeals Board.
There shall be a Housing Rehabilitation Appeals Board as defined by Section 19957.5 of the California Health and Safety Code. The Housing Rehabilitation Appeals Board shall be comprised of the same members as the Building Board of Appeals. The Building Official shall be an ex officio nonvoting member and act as Secretary.
113.5 Building Code Enforcement Appeals Board.
In order to conduct the hearings provided for in Government Code Section 54988, there shall be a Building Code Enforcement Appeals Board. The Building Code Enforcement Appeals Board shall be comprised of the same members as the Building Board of Appeals. The Building Official shall be an ex officio nonvoting member and act as Secretary.
113.6 Fees.
A fee as set forth in Chapter 4 of the San Leandro Administrative Code shall be paid to the Building Official whenever a person requests a hearing before the appeals boards provided for in this Section.
EXCEPTION: No fee shall be required for a hearing requested pursuant to Section 116
SECTION 114
VIOLATIONS AND PENALTIES
114.1 Compliance with Code.
It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, equip, or perform any other work on any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.
114.2 Violation.
It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.
114.3 Notice of violation.
The Building Official is authorized to serve a notice of violation or order on the property owner for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
114.3.1 Service
The notice shall be served upon the record owner, in the manner hereinafter stated, and posted conspicuously on the property. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any other person duly served or relieve any such person or any duty or obligation imposed on him by the provisions of this section.
Service by certified mail in the manner herein provided shall be effective on the date of the mailing.
114.4 Penalty.
Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Code.
114.5 Recordation of Violation.
114.5.1 General.
The Building Official may record a notice with the County Clerk Recorder's Office that a property, building, or structure, or any part thereof, is in violation of any provision of this Code provided that the provisions of this Section are complied with. The remedy provided by this Section is cumulative to any other enforcement actions permitted by this Code.
114.6 Recordation.
If:
(1) The Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Code; and if
(2) The Building Official gives written notice as specified below of said violation; the Building Official may have sole discretion to, at any time thereafter, record with the County Clerk Recorder's Office a notice that the property and/or any building or structure located thereon is in violation of this Code.
114.7 Notice.
The written notice given pursuant to this Section shall indicate:
1. The nature of the violation(s); and
2. That if the violation is not remedied to the satisfaction of the Building Official, the Building Official may, at any time thereafter, record with the County Clerk Recorder's Office a notice that the property and or any building or structure located thereon is in violation of this Code. The notice shall be posted on the property and shall be mailed to the owner of the property as shown on the most current County Assessment roll. The mailed notice may be by registered certified or first-class mail.
114.8 Appeals.
Any person served a notice or interested parties under Section 114.3.1 may appeal from any notice and order or any action of the Building Official by filing a written appeal therefrom at the office of the Building Official within ten (10) days from the date of service of such notice and order. The written appeal request shall include, at a minimum, the names and addresses of all appellants, a brief statement setting forth the legal interest of each of the appellants in the land or building involved in the notice and order, a brief statement of the specific order protested and a brief statement of the relief sought and the reasons therefor.
On receipt of such appeal, the Building Official shall set the matter for hearing before the Building Board of Appeals. Notice of the date, hour and place of hearing shall be posted and served at least ten (10) days before the date set for the hearing in the manner and upon the person specified in Section 114.3.1. The notice of hearing shall order all interested parties who desire to be heard to appear and show just cause, why the building or portion thereof involved in the proceedings should not be repaired, vacated or demolished.
114.9 Rescission.
Any person who desires to have recorded a notice rescinding the notice of violation must first obtain the necessary approvals and permit(s) to correct the violation. Once the Building Official determines that the work covered by such permit(s) has been satisfactorily completed, the Building Official may record a notice rescinding the prior notice of violation.
Following the recordation of the notice of violation the Building Official is not required to make any inspection or review of the premises to determine the continued existence of the cited violation. It is the responsibility of the property owner, occupant or other similarly interested private party to comply with the above provisions.
114.10 Costs.
Any person that violates any provision of this Code shall be responsible for the costs of any and all Building Code enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified in the San Leandro Administrative Code, Title 6 Chapter 4, including but not limited to any attorneys’ fees and costs.
SECTION 115
STOP WORK ORDER
115.1 Authority.
Whenever the Building Official finds any work regulated by this Code being performed in a manner either contrary to the provisions of this Code or dangerous or unsafe, the Building Official is authorized to issue a stop work order.
115.2 Issuance.
The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
115.3 Unlawful continuance.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
SECTION 116
UNSAFE BUILDINGS, STRUCTURES, EQUIPMENT AND UNOCCUPIED BUILDINGS
116.1 Scope.
This section contains special processes and appeal procedures to be followed for buildings, structures, equipment and unoccupied buildings that are considered to be unsafe. All unsafe conditions constitute a hazard to the health, safety and public welfare of the community.
116.2 Definitions.
116.3 Unsafe Building and Structures.
All buildings or structures which are structurally unsound or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment as specified in this Code or any other effective ordinance, are, for the purposes of this chapter, unsafe buildings.
116.3.1 Unoccupied Building.
Unoccupied Building as used in this chapter shall be a building or structure that is not properly secured, locked or closed and is accessible to juveniles and transients and is a health, fire or safety hazard to the adjacent community.
116.3.2 Structures and Equipment.
Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
116.3.3 Property owner.
Property owner as used in this Chapter shall be the last person shown on the most current County assessment roll.
116.3.3.1 Person in Charge.
Person in charge as used in this Chapter shall be the person, if any, in real or apparent charge and control of the premises involved.
116.3.4 Abandonment.
Abandonment as used in this chapter shall be the cessation of use and maintenance.
116.3.5 Declaration of an unsafe building.
Whenever the Building Official determines by inspection that a building or structure, whether structurally damaged or not, is dangerous to human life by reason of being located in an area which is unsafe due to hazard from landslide, settlement, or slippage or any other cause, such building shall, for the purpose of this Chapter, be considered an unsafe building.
No person shall own, use, occupy or maintain any unsafe building.
All unsafe buildings are hereby declared to be public nuisances. In addition to instituting any appropriate action to prevent, restrain or correct a violation of this section, the Building Official may abate an unsafe condition by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this chapter.
116.4 Notice of Unsafe Building.
The Building Official may examine or cause to be examined any building or structure or portion thereof reported as dangerous or damaged and if, in the Building Official's opinion, such is found to be an unsafe building as defined in this Chapter, the Building Official shall give to the property owner written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises to immediately commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof and all such work shall be completed within a specified time or date stipulated by the Building Official. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements be completed, inspected and approved by the Building Official.
The Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid or by posting a copy, the notice of hearing upon the property owner.
In the event the Building Official, after reasonable effort, is unable to serve the notice as specified above, proper service shall be by posting on the structure a copy of the notice.
The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin ten days following the date of posting.
The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.
A person notified to vacate an unsafe building by the Building Official shall vacate within the time specified in the order.
The Building Official may file with the County Clerk Recorder's Office a declaration that the building described has been inspected and found to be an unsafe building, as defined in this Chapter, and that the owner thereof has been so notified. After all required work has been completed; the Building Official shall file with the County Clerk Recorder's Office a properly executed form terminating the above declaration.
116.5 Order to secure buildings or structures.
When the Building Official determines that any unoccupied building or structure is not properly secured, locked, or closed and is accessible to juveniles and transients, and is a health, fire, or safety hazard to the adjacent community, the Building Official shall be authorized to serve the property owner with an order to secure or close the same forthwith so as to prevent unauthorized persons from gaining access thereto.
116.6 Posting of Signs.
The Building Official shall cause to be posted on buildings required to be vacated or remain unoccupied a notice to read substantially as follows: "DO NOT ENTER. UNSAFE TO OCCUPY. Building Official, City of San Leandro.” Such notice shall be posted at the main entrance and shall be visible to persons approaching the building or structure from a street. Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or demolition of the building.
116.7 Unsafe Buildings, Structures, Equipment and Unoccupied Buildings: Hearing.
116.7.1 Right of hearing.
The property owner or the Building Official may request a hearing before the Building Board of Appeals. The request by the property owner shall be made in writing to the Building Official within 10 days of the date of the notice. The Building Official shall request a hearing prior to demolition, repair or securing of an unsafe building by the City except when such demolition, repair or securing is done under the emergency procedure set forth in this Chapter. Interested parties who desire to be heard may appear before the Building Board of Appeals to show cause why the building or structure should not be ordered repaired, vacated, secured or demolished.
116.7.2 Notice of hearing.
Not less than ten days prior to the hearing, the Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid or by posting as per Section 116.7.4 a copy of the notice of hearing upon the property owner.
116.7.3 Form and contents of notice.
The notice of hearing shall state:
1. The street address and a legal description sufficient for identification of the premises upon which the building or structure is located.
2. The conditions upon which the Building Official believes that the building, structure, equipment or unoccupied building is unsafe.
3. The date, hour and place of the hearing.
116.7.4 Posting of notice.
The Building Official shall post one copy of the notice of hearing in a conspicuous place on the unsafe building, structure, equipment or unoccupied building involved, not less than ten days prior to the hearing.
116.7.6 Hearing by Building Board of Appeals.
The Building Board of Appeals shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official.
The Building Board of Appeals shall make written findings of fact as to whether or not the building or structure is an unsafe building as defined in this Chapter.
116.7.7 Order.
If the Building Board of Appeals finds that the building, structure, equipment or unoccupied building is an unsafe building, it shall make an order based on its finding that:
1. The building, structure, equipment or unoccupied building is unsafe and directing that repairs be made and specifying such repairs, or
2. The building, structure, equipment or unoccupied building is unsafe and directing that it be vacated and that specified repairs be made, or
3. The building, structure, equipment or unoccupied building is unsafe and directing that it shall be vacated and demolished.
The order shall state the time within which the work required must be commenced after the service of the order. The order shall state a reasonable time within which the work shall be completed. The Building Official for good cause, may extend the time for completion in writing.
The order shall be served upon the same parties and in the same manner as required by Section 116.7.2 for the notice of hearing. It shall also be conspicuously posted on or about the building or structure.
116.7.8 Work by the City: Unsafe Buildings, Structures, Equipment and Unoccupied Buildings: Demolition or Repair and Securing.
If the repairs, securing or demolition actions necessary to remove the unsafe condition as set forth in the Notice of Unsafe Building are not made within the designated period and a hearing has not been requested by the property owner, the Building Official shall request that a hearing be held regarding the unsafe condition.
If the findings of the Building Board of Appeals are not complied with in the period designated by the Board, the Building Official may then demolish, secure or repair such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the Building Board of Appeals. The costs of demolition, security, repair, or any work to the extent necessary to eliminate the hazard shall be charged to and a responsibility of the property owner. Failure to make payment shall subject the property to lien for the costs unpaid.
116.7.8.1 Emergency procedure.
Whenever any portion of a structure constitutes an immediate hazard to life or property, and in the opinion of the Building Official, the conditions are such that repairs, securing or demolition must be undertaken within less than the designated period, the Building Official may make such alterations or repairs, secure or demolish such portions of the structures as are necessary to protect life or property, or both, after giving such notice to the property owner as the circumstances will permit or without any notice whatever when, in the Building Official's opinion, immediate action is necessary.
116.7.8.2 Costs.
The costs involved in Section 116.7.8 and 116.7.8.1 of such demolition, securing or repair, including the entire cost of the services rendered by the City, shall be subject to lien for nonpayment after reasonable demands for payment against the property upon which the structure stands. The Building Official shall notify, in writing, the property owner of the amount of the costs resulting from such work. Within thirty days of the receipt of such notice, the property owner may file with the Building Official a written request for a hearing
The Building Board of Appeals thereupon shall set the matter for hearing; give such property owner notice thereof as provided in Section 116.7.2; hold such hearing and determine the reasonableness or correctness of the assessment, or both; and if requested, determine the necessity of the demolition or repairs. The Building Board of Appeals, in writing, shall notify the property owner of its decision.
116.7.8.3 Recordation of costs.
If the total costs determined as provided for in this section are not paid in full within 45 days after receipt of such notice from the Building Official or the Building Board of Appeals, as the case may be, the Building Official shall record in the office of the Clerk Recorder a statement of the total balance still due and a legal description of the property. From the date of such recording, such balance due shall be a lien against the parcel.
The lien shall be collected at the same time and in the same manner as ordinary County taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes. All the laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such lien.
116.7.8.4 Interference prohibited.
A person shall not obstruct, impede, or interfere with the Building Official or any representative of the Building Official, or with any person who owns or holds any estate or interest in any unsafe building which has been ordered by the Building Board of Appeals to be repaired, vacated and repaired, or vacated and demolished or removed, whenever the Building Official or such owner is engaged in repairing, vacating and repairing, or demolishing any such unsafe building pursuant to this Chapter, or is performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.
116.7.8.5 Prosecution.
In case the owner shall fail, neglect or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof, the Building Official shall cause the owner of the building to be prosecuted as a violator of this Code.
Section 7-5-110: REFERENCED STANDARDS AND APPENDICES. Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.
Section 7-5-115: BOARD OF APPEALS. The Board of Appeals created under Section 7-5-113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said Section of the San Leandro Building Code.
Section 7-5-130: PEDESTRIAN WALKWAYS OVER PUBLIC PROPERTY. Pedestrian walkways over public property shall be subject to the approval of the City. Notwithstanding the preceding sentence, sidewalk arcades on public property in an established redevelopment project area need not be considered as adjacent buildings for the provisions of this Chapter, provided that the arcades are of not less than one (1) hour fire resistive construction or are constructed entirely of noncombustible materials, fire retardant treated wood or heavy timber construction with two-inch (2") nominal sheathing, or a combination of the above materials.
Section 7-5-135 RESERVED
Section 7-5-140 Table R602.10.3 (3) Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:
Add a new “f” footnote notation to the end of CRC Table R602.10.3 (3). To read:
f. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures.
Add the “f” footnote notation in the title of Table R602.10.3 (3) to read:
TABLE R602.10.3 (3)f
Subsection R602.10.4.4, to read:
R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single family dwellings and accessory structures.
Section 7-5-145: MULTIPLE HAZARDS: OUTDOOR STORAGE.
(a) When a hazardous material has multiple hazards, all hazards shall be addressed and controlled in accordance with the provisions of this chapter. When overhead noncombustible construction is provided for sheltering exterior hazardous material storage areas, such storage shall not be considered indoor storage when all of the following conditions are met:
(1) Supports shall be of noncombustible construction.
(2) Supports and walls shall not obstruct more than 25 percent of the perimeter of the storage area.
(3) The distance to buildings, property lines, streets, alleys, public ways or exits to a public way shall not be less than the distance required for an exterior hazardous material storage area without weather protection.
Section 7-5-150: SIDEWALK ARCADES IN REDEVELOPMENT AREA. In an established Redevelopment Project Area, the Redevelopment Agency may approve the installation of sidewalk arcades on public property. Except for vertical columns, such arcades shall be not less than eight feet (8') above the pavement below.
Section 7-5-155: Noncombustible construction Section 414.6.1.3 of the Code is added to read as follows:
414.6.1.3 Non-combustible construction. The overhead structure shall be of approved noncombustible construction with a maximum area of 3,000 square feet (140m2).
Section 7-5-160: Modifications to 2016 CBC and ASCE 7 is added to read as follows:
Section 1612.3 of the 2016 California Building Code is amended to read as follows.
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for City of Leandro, California, revision dated August 9, 2009, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this Section.
Section 1613.6 is added to read as follows:
1613.6 ASCE 7, 12.2.3.1, Exception 3. Modify ASCE 7 Section 12.2.3.1 Exception 3 to read as follows:
3. Detached one and two family dwellings up to two stories in height of light frame construction.
Section 7-5-165: CONCRETE CONSTRUCTION
Section 1705.3 of the California Building Code, 2016 Edition is amended as follows:
1705.3 Concrete Construction. The special inspections and tests of concrete construction shall be performed by this section and Table 1705.3.
Exception: Special inspection shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less in height that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa).
2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including pre-stressed slabs on grade, where the effective pre-stress in the concrete is less than 150 psi (1.03 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5. Concrete patios, driveways and sidewalks, on grade.
Section 7-5-170: STRUCTURAL OBSERVATIONS FOR SEISMIC RESISTANCE
Section 1704.6.1 of the 2016 Edition of the California Building Code is amended by adding new item 6 and exception to read as follows:
6. Structural observations of the lateral system shall be provided for all new commercial, industrial, and multifamily buildings and all new single family dwelling on hillsides.
Exception: Structural observations of the lateral system may be waived for one and two-story wood residential structure when such structures are in full compliance with conventional light frame construction of Chapter 23 of the California Building Code or the California Residential Code.
SECTION 7-5-175: SOILS AND FOUNDATIONS
Sections 1803.8, 1803.9 and 1803.10 are added to the 2016 California Building Code to read:
1803.8 Review. Before issuing a permit for a building where soil and foundation investigation is required, the Geotechnical Engineer or Civil Engineer in responsible charge of the soil investigation shall state in writing (must be signed and stamped):
1. The plans and specifications substantially conform to the recommendations in the soil investigation.
2. The Geotechnical Engineer or Civil Engineer in responsible charge of the soil investigation has been retained to provide soil site observation and provide periodic and final reports to the city.
1803.9 Field Report. Before requesting a foundation inspection from the City, the Geotechnical Engineer or Civil Engineer in responsible charge of the soil investigation shall provide a written field report stating:
1. The building pad was prepared and compacted in accordance with the soil report and specification.
2. The foundation or pier excavation, depth, backfill materials, and drainage (if applicable), substantially conforms with the soil report and approved plans.
1803.10 Final Report. Before final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer in responsible charge of the soil investigation shall issue a final report stating the completed pad, foundation, finish grading, drainage, and associated site work substantially conforms to the approved plans, specifications, and investigation.
SECTION 7-5-180: CONCRETE AND MASONRY FOUNDATION WALLS
Section 1807.1.6 of the 2016 Edition of the California Building Code is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.
SECTION 7-5-185: MODIFICATIONS TO ACI 318
Section 1905.1 is amended to read as shown below and Sections 1905.1.9 through 1905.1.11 is added to Chapter 19 of the 2016 Edition of the California Building Code:
The last paragraph of Section 1905.1.2 of the 2016 Edition of the California Building Code is amended to read as follows:
All special moment frames and special structural walls shall also satisfy 18.2.4 through 18.2.8. Concrete tilt-up wall panels classified as intermediate precast structural wall system shall satisfy 18.10.1 in addition to 18.5.2.1 and 18.5.2.2 for structures assigned to Seismic Design Category D, E or F.
1905.1.7 ACI 318, section 14.1.4 Delete ACI 318, section 14.1.4 and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footing of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
Exception: In detached one-and two-family dwellings three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the following thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No.4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
Sections 1905.1.9 through 1905.1.11 are added as follows:
1905.1.9 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding Section 18.7.5.8 and 18.7.5.9 as follows:
18.7.5.8 Where the calculated point of contra-flexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Sections 18.7.5.1, Items (a) through (c), over the full height of the member.
18.7.5.9 At any section where the design strength, jPn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318 Sections 18.6.5.1 and 18.7.6.1.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections 18.7.5.1 through 18.7.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength, jPn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.
1905.1.10 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding Section 18.10.4.6 to read as follows:
18.10.4.6 - Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake-induced forces. Such walls shall conform to the requirements of ACI 318 Section 18.14.
1905.1.11 ACI 318, Section 18.12.6. Modify ACI 318, Section 18.12.6.2, as follows:
18.12.6.2 Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 db in thickness, where db is the diameter of the largest reinforcement in the topping slab.
Section 7-5-190: CONVENTIONAL LIGHT-FRAME CONSTRUCTION
Section 4.3.4 of SDPWS 2015 Edition is amended as follows:
Delete rows 5 & 6 of Table 4.3.4
Section 2306.3 of the California Building Code, 2016 is amended as follows:
Section 2306.3 Wood -frame shear walls. Wood -frame shear walls shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall be permitted. The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AWC SDPWS. Shear walls sheathed with Portland cement plaster, gypsum lath, gypsum sheathing or gypsum board shall not be used to resist seismic forces in structures assigned to Seismic design Category D, E or F.
Section 2308.6.8.1 of the California Building Code, 2016 Edition is amended as follows:
Section 2308.6.8.1 Foundation Requirements. Braced wall lines shall be supported by continuous foundations.
Exceptions:
1. One-story buildings with maximum plan dimension not exceeding 50 feet (15240 mm), may have continuous foundations located at exterior braced wall lines only.
2. Two-story buildings with a maximum plan dimension not exceeding 50 feet (15240 mm) may have braced wall lines supported on continuous foundations at the exterior walls only, provided:
a. Cripple walls do not exceed 4 feet (1219 mm) in height.
b. Where the first story is supported on a raised wood framed floor, the interior braced wall panels are directly supported by either doubled joists, continuous 4x blocking or minimum 4x floor beams.
Section 7-5-195: REPAIRS. Title 24, California Existing Building Code, Part 10, Section 404 is amended as follows
Sections 404.2.4 through 404.2.4.2 and Tables 404.2.4.1 and 404.2.4.2 are added as follows:
404.2.4 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and design shall be based on the procedures specified in the California Building Code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 3405.5.1.1.3.
404.2.4.1 Compliance with CBC level seismic forces. Where compliance with the seismic design provisions of the California Building Code is required, the procedures shall be in accordance with one of the following:
1. One-hundred percent of the values in the California Building Code. Where the existing seismic force-resisting system is a type that can be designated as “Ordinary,” the values of R, Ωo, and Cd used for analysis in accordance with Chapter 16 of the California Building Code shall be those specified for structural systems classified as “Ordinary” in accordance with Table 12.2-1 of ASCE 7, unless it is demonstrated that the structural system will provide performance equivalent to that of a “Detailed,” “Intermediate” or “Special” system.
2. Compliance with ASCE 41 using both BSE-1 and BSE-2 earthquake hazard levels and the corresponding performance levels in Table 404.2.4.1.
TABLE 404.2.4.1- Please see attachment A
PERFORMANCE CRITERIA FOR CBC LEVEL SEISMIC FORCES
404.2.4.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation and design is permitted to meet reduced California Building Code seismic force levels, the procedures used shall be in accordance with one of the following:
1. The California Building Code using 75 percent of the prescribed forces. Values of R, Ωo, and Cd used for analysis shall be as specified in Section 3405.2.4.1 Item 1.
2. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below shall be deemed to comply with this section.
2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1.
2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2.
2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3.
2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A4.
2.5. Seismic evaluation and design of concrete buildings in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5.
3. Compliance with ASCE 31 based on the applicable performance level as shown in Table 404.2.4.2. It shall be permitted to use the BSE-1 earthquake hazard level as defined in ASCE 41 and subject to the limitations in item 4 below.
4. Compliance with ASCE 41 using the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 404.2.4.2. The design spectral response acceleration parameters Sxs and Sx1 specified in ASCE 41shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the California Building Code and its reference standards.
TABLE 404.2.4.2- Please see attachment B
PERFORMANCE CRITERIA FOR REDUCED CBC LEVEL SEISMIC FORCES
404.3.1 Referenced Standards
Standard Referenced
Reference In Code
Number Title Section Number
ASCE 31-03 Seismic Evaluation of Existing Buildings 404.2.4.1,
TABLE 404.2.4.1
404.2.4.2,
TABLE 404.2.4.2
ASCE 41-06Seismic Rehabilitation of Existing Buildings 404.2.4.1,
Including Supplement No. 1 TABLE 404.2.4.1
404.2.4.2,
TABLE 404.2.4.2
404.3.1 Lateral force-resisting elements are hereby deleted.
Section 7-5-200: CHANGE OF OCCUPANCY: SEISMIC.
Section 407 is amended as follows.
Section 407.1 Conformance. No change shall be made in the use or occupancy of any building unless such building is made to comply with the requirements of the California Building Code for the use or occupancy. Changes in use or occupancy in a building or portion thereof shall be such that the existing building is no less complying with the provisions of this code than the existing building or structure was prior to the change. Subject to the approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all of the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.
Section 407.1.1 Change in the character of use. A change in occupancy with no change of occupancy classification shall not be made to any structure that will subject the structure to any special provisions of the applicable California Codes, without approval of the building official. Compliance shall be only as necessary to meet the specific provisions and is not intended to require the entire building be brought into compliance.
Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be severable.
Section 4. Effective Date and Publication. This ordinance shall take effect on January 1, 2017 and the title thereof shall be published twice prior to adoption pursuant to California Government Code Section 50022.3, which permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference and notice of the adoption by reference was published in accordance with Government Code Sections 50022.3 and 6066. Said notice was sufficient to give notice to interested persons of the purpose of this ordinance and the subject matter thereof.
Section 5. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)).