2019-21 Amend Ch 23.12 Uniform Codes for Construction ORDINANCE 2019-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA
ADOPTING AMENDMENTS TO CHAPTER 23.12 (UNIFORM CODES FOR
CONSTRUCTION) OF TITLE 23 (BUILDING AND CONSTRUCTION) OF THE
ENCINITAS MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA BUILDING
STANDARDS CODE WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS.
(CASE NUMBER: PLCY-003360-2019; CITYWIDE)
SECTION ONE. The City Council of the City of Encinitas hereby finds and declares as follows:
WHEREAS, The California Building Standards Commission published the 2019 Building
Standards Code on July 1, 2019;
WHEREAS, California Health and Safety Code requires that each jurisdiction in the state
adopt the most recent edition of the California Building Standards Code within 180 days of
publication;
WHEREAS, if the California Buildings Standards Code is not adopted by a jurisdiction, it
has the force and effect of law 180 days after publication;
WHEREAS, the State allows local amendments when findings can be made that the
proposed code changes are necessary to address locally unique topographical and climatic
conditions, so long as the local amendments are no less restrictive than the State code;
WHEREAS, the local amendments and changes to the California Building Standards Codes
are reasonably necessary because of the following climatic, geologic, and topographical
conditions:
1. The City is situated in hilly, inland terrain. Approximately 50% of the area is "wildland"
for fire purposes, covered by native vegetation on steep and frequently inaccessible
hillsides. The native ground cover is highly combustible grasses, dense brush and
chaparral. Natural firebreaks in these areas are significantly lacking.
2. The climate is warm and dry. The winds prevail from the west with seasonal strong dry
east winds that vary in duration and intensity. These winds can significantly enlarge
wildland fires as well as cause abrupt and unpredictable changes in fire direction.
Temperatures ranging between 75 and 90 degrees Fahrenheit are common during the
year.
3. The potential for fire damage is great in the wildland area. As such a fire can spread
rapidly and difficult terrain and explosive vegetation can slow response time.
4. Rural roads include many narrow winding roadways, often with grades in excess of that
necessary for optimal response time for large fire apparatus. An additional factor
affecting response time is the distance between fire stations and the fire location.
5. The water supply is limited making it necessary for fire apparatus to travel time-
consuming distances to refill once their initial water supply has been utilized.
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6. As a result of prolonged drought exacerbated by climate change, water supplies from
imported sources are reduced and local water suppliers have been directed to achieve
significant reductions in potable water use, while population and economic growth are
expected to increase demand for water. Requiring plumbing for graywater stub out in
new residential development facilitates the use of graywater for irrigation, which in turn
helps address drought-related water supply impacts.
7. As a result of high summer ambient temperatures and periods of heat waves, average
load demand and peak load demand of energy used in
San Diego County is an important factor concerning public safety and adverse
economic impacts of power outages or reductions. Facilitating the installation of an
electric panel large enough for future photovoltaic and / or electric vehicle charging
system, installation of conduit for future photovoltaic and electric vehicle charging
system, and reserving south facing roofs for future solar will have local and regional
benefits in reduction of total and peak energy use and greenhouse gas emissions; and
WHEREAS, The City finds that the proposed amendments to the Encinitas Municipal Code,
to adopt State uniform codes, is exempt from environmental review as per Section 15378(b)(5) of
the CEQA Guidelines since the activity in question is not considered a "project" as defined therein.
The action being considered by the City Council is an administrative activity of government that will
not result in the direct or indirect physical change in the environment. This action entails adoption
of State managed Building Codes that are enforceable upon the City. Minor amendments will not
have a significant effect on the environment because the strengthened requirements reduce
hazards and accommodate features to reduce environmental effects. The City finds that the minor
local amendments will not have a significant effect on the environment. Therefore, pursuant to
Section 15061(b)(3) of the CEQA Guidelines, the activity is exempt from the provisions of CEQA.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as
follows:
SECTION TWO. Chapter 23.12 of the Encinitas Municipal Code is hereby amended by repealing it
in its entirety and adopting a new Section 23.12 to read as follows:
Chapter 23.12 UNIFORM CODES FOR CONSTRUCTION
23.12.010 Purpose.
Any person, firm, or corporation that proposes to construct a project subject to the provisions of
this Code shall first obtain permits required herein, together with any other licenses, permits, or
approvals required by this Code.
23.12.020 Adoption of the 2019 California Administrative Code, Part 1, Title 24 of the
California Code of Regulations.
The California Administrative Code, 2019 Edition, is adopted and hereby incorporated in this
chapter by reference and made a part hereof the same as if fully set forth herein.
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23.12.030 Adoption of the 2019 California Building Code, Part 2, Title 24 of the California
Code of Regulations.
A. There is adopted and incorporated by reference herein as the City Building Code for the
purpose of prescribing regulations in the City of Encinitas for the erection, construction,
enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy,
equipment, use, height, area, and maintenance of buildings and structures, the 2019
California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of
the 2019 California Building Standards Code, as defined in the California State Health and
Safety Code, Section 18901 et seq., based on the International Building Code, 2018
Edition, including specified appendices. Except as otherwise provided by the City of
Encinitas Municipal Code, all erection, construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance
of buildings and structures within the City of Encinitas shall be in conformance with the
California Building Code which is based on the International Building Code, 2018 Edition
and the adopted appendix chapters, published by the International Code Council, Inc. 500
New Jersey Avenue, NW, 6` Floor Washington, D.C. 20001
B. Deletions, revisions and additions to the California Building Standards Code, 2019 Edition,
shall be as follows:
1. Section 101.1 is hereby revised to read:
101.1 Title. These regulations shall be known as the Building Code of the City of
Encinitas, hereinafter referred to as "this code."
2. Section 105.3.1.1 is hereby added to read:
105.3.1.1 Action on application with grading permit or public improvements.
Permits shall not be issued for construction on a site where the Development Services
Director or designee determines that a grading permit or public improvements is
required until the Building Official is notified in writing that the grading or public
improvements work has been satisfactorily completed to allow building permits to be
issued.
3. Section 105.3.1.2 is hereby added to read:
105.3.1.2 Action on application with flooding or geologic conditions. Permits shall
not be issued if the City Engineer determines that flooding or geologic conditions at the
site may endanger the public safety or welfare.
4. Section 109.1.1 is hereby added to read:
109.1.1 No fees for specific governmental organizations. The United States, the
State of California, school districts, the County of San Diego, or the City of Encinitas
shall not be required to pay any fees for filing an application for a building permit
pursuant to this Code unless City of Encinitas building inspection services are
requested. If so requested, the regular fee schedules in this Code shall apply.
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5. Section 109.2 is hereby revised to read:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical
and plumbing systems or alterations requiring a permit, a fee for each permit shall be
paid as required, in accordance with the fee schedule established by the City Council of
the City of Encinitas.
6. Section 109.6 is hereby revised to read:
109.6 Refunds. Refunds of fees paid shall in accordance with the refund policy adopted
by the City Council of the City of Encinitas.
7. Section 113.1 is hereby revised to read:
113.1 General. The City Council shall serve as the Board of Appeals to hear appeals of
any code interpretation by the City Building Official.
8. Section 113.3 is hereby deleted.
9. Table 1505.1 is hereby amended to read:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION
IA IB IIA 1113 IIIA 1116 IV VA VB
A A A A A A A A A
10. Appendices C & I of the California Building Code, 2019 Edition, are adopted.
23.12.040 Adoption of the 2019 California Residential Code, Part 2.5, Title 24 of the
California Code of Regulations.
A. There is adopted and incorporated by reference herein as the City Residential Code for the
purpose of prescribing regulations in the City of Encinitas for construction, alteration,
enlargement or repair of detached one- and two-family dwellings, townhouses not more
than three stories above grade plane with a separate means of egress and structures
accessory thereto, the 2019 California Residential Code, Part 2.5, Title 24 of the California
Code of Regulations, a portion of the 2019 California Building Standards Code based on
the International Residential Code, 2018 Edition. Except as otherwise provided by this
section of the City of Encinitas Municipal Code, the erection, construction, enlargement,
alteration or use and occupancy of one- and two-family dwellings, townhouses not more
than three stories above grade plane and structures accessory thereto within the City of
Encinitas shall be in conformance with the 2019 California Residential Code published by
the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130,
Sacramento, CA 95833-2936.
B. Deletions, revisions and additions to the 2019 California Residential Code shall be as
follows:
1. Section R101.1 is hereby revised to read:
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R101.1 Title. These regulations shall be known as the Residential Code for One- and
Two-family Dwellings of the City of Encinitas, and shall be cited as such and hereinafter
referred to as "this code."
2. Section R105.3.1.2 is hereby added to read:
R105.3.1.2 Action on application with grading permit or public improvements.
Permits shall not be issued for construction on a site where the Director of Development
Services or designee determines that a grading permit or public improvements is
required until the Building Official is notified in writing that the grading or public
improvements work has been satisfactorily completed to allow building permits to be
issued.
3. Section R105.3.1.3 is hereby added to read:
R105.3.1.3 Action on application with flooding or geologic conditions. Permits
shall not be issued if the City Engineer determines that flooding or geologic conditions
at the site may endanger the public safety or welfare.
4. Section R108.1.1 is hereby added to read:
R108.1.1 No fees for specific governmental organizations. The United States, the
State of California, school districts, the County of San Diego, or the City of Encinitas
shall not be required to pay any fees for filing an application for a building permit
pursuant to this Code unless City of Encinitas building inspection services are
requested. If so requested, the regular fee schedules in this Code shall apply.
5. Section R108.2 is hereby revised to read:
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical
and plumbing systems or alterations requiring a permit, a fee for each permit shall be
paid as required, in accordance with the fee schedule established by the City Council of
the City of Encinitas.
6. Section R108.3 is hereby revised to read:
R108.3 Building permit valuation. The applicant for a permit shall provide an
estimated permit value at time of application. Permit valuation shall include total value
of work, including materials and labor, for which the permit is being issued, such as
electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the
opinion of the building official, the valuation is underestimated on the application, the
permit shall be denied, unless the applicant can show detailed estimates to meet the
approval of the building official. Final building permit valuation shall be set by the
building official.
7. Section R108.5 is hereby revised to read:
R108.5 Refunds. Refunds of fees paid shall in accordance with the refund policy
adopted by the City Council of the City of Encinitas.
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8. Section R112.1 is hereby revised to read:
R112.1 General. The City Council shall serve as the Board of Appeals to hear appeals
of any code interpretation by the City Building Official.
9. Section R112.3 is hereby deleted.
10. Section R313.1, Exception is hereby amended to read:
R313.1 Exception: An automatic residential fire sprinkler system may be required by
the fire code official when additions or alterations are made to existing townhouses that
do not have an automatic residential fire sprinkler system installed.
11. Section R313.2, Exception is hereby amended to read:
R313.2 (1) An automatic residential fire sprinkler system may be required by the fire
code official when additions or alterations are made to existing buildings that are not
already provided with an automatic residential fire sprinkler system.
12. Section R332 is hereby added to read:
R332 SOLAR-AND ELECTRIC VEHICLE-READY BUILDINGS
R332.1 General. Solar- and electric vehicle-ready construction shall be provided as
specified in Section 23.12.080 City Energy Code-and 23.12.110 City Green Building
Code.
13. Section R902.1.3 is hereby revised to read:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing
structure where more than 50% of the total roof area is replaced within any one-year
period, the entire roof covering of every new structure, and any roof covering applied in
the alteration, repair or replacement of the roof of every existing structure, shall be a
fire-retardant roof covering that is at least Class A.
23.12.050 Adoption of the 2019 California Electrical Code, Part 3, Title 24 of the California
Code of Regulations.
There is adopted and incorporated by reference herein as the City's Electrical Code for the
purpose of prescribing regulations in the City of Encinitas for the installation, alteration or repair of
electrical systems and permit requirements and inspection thereof, the 2019 California Electrical
Code, Part 3, Title 24 of the California Code of Regulations, a portion of the 2019 California
Building Standards Code based on the National Electrical Code, 2017 Edition. Except as otherwise
provided by this section of the City of Encinitas Municipal Code, all installation, alteration or repair
of electrical systems within the City of Encinitas shall be in conformance with 2019 California
Electrical Code, published by the California Building Standards Commission, which is based on the
National Electrical Code, 2017 Edition, published by the National Fire Protection Association,
Battery March Park, Quincy, Massachusetts, 02269.
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23.12.060 Adoption of the 2019 California Mechanical Code, Part 4, Title 24 of the California
Code of Regulations.
There is adopted and incorporated by reference herein as the City's Mechanical Code for the
purpose of prescribing regulations in the City of Encinitas for the erection, installation, alteration,
repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling,
refrigeration systems, incinerators or other miscellaneous heat-producing appliances, the 2019
California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the
2019 California Building Standards Code, as defined in the California Health and Safety Code,
Section 18901 et seq., which is based on the Uniform Mechanical Code, 2018 Edition. Except as
otherwise provided by this chapter of the City of Encinitas Municipal Code, all erection, installation,
alteration, repair, relocation, replacement, addition to, use or maintenance of any heating,
ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing
appliances shall be in conformance with 2019 California Mechanical Code, and any rules and
regulations promulgated pursuant thereto, including the Uniform Mechanical Code, published by
the California Building Standards Commission, and any rules and regulations promulgated
pursuant thereto, which is based on the Uniform Mechanical Code, 2018 Edition, published by the
International Association of Plumbing and Mechanical Officials, 4755 E. Philadelphia Street,
Ontario, CA 91761-2816.
23.12.070 Adoption of the 2019 California Plumbing Code, Part 5, Title 24 of the California
Code of Regulations.
A. There is adopted and incorporated by reference herein as the City's Plumbing Code for the
purpose of prescribing regulations in the City of Encinitas for the construction, alteration,
moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or
water heating or treating equipment in or on any building or structure or outdoors on any
premises or property, the 2019 California Plumbing Code, Part 5, Title 24 of the California
Code of Regulations, a portion of the 2019 California Building Standards Code, as defined in
the California Health and Safety Code, Section 18901 et seq., which is based on the Uniform
Plumbing Code 2018 Edition. Except as otherwise provided by this section of the City of
Encinitas Municipal Code, all construction, alteration, moving, demolition, repair and use of all
plumbing, gas or drainage piping and systems or water heating or treating equipment within the
City of Encinitas shall be in conformance with 2019 California Plumbing Code, published by the
California Building Standards Commission, which is based on the Uniform Plumbing Code,
2018 Edition, published by the International Association of Plumbing and Mechanical Officials,
4755 E. Philadelphia Street, Ontario, CA 91761-2861.
B. Section 1503.1.1(14) is hereby added to the 2019 California Plumbing Code to read:
(14) A clothes washer system consists solely of one single domestic clothes washing
machine in a one- or two-family dwelling.
23.12.080 Adoption of the 2019 California Energy Code, Part 6, Title 24 of the California
Code of Regulations.
There is adopted and incorporated by reference herein as the City's Energy Code for the purpose
of prescribing regulations in the City of Encinitas for the conservation of energy, the 2019 California
Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the 2019 California
Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et
seq. Except as otherwise provided by this section of the City of Encinitas Municipal Code, all
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construction of buildings where energy will be utilized shall be in conformance with 2019 California
Energy Code and any rules and regulations promulgated pursuant thereto, including the California
Energy Code, 2019 Edition, published by the California Energy Commission.
23.12.090 Adoption of the 2019 California Historical Building Code, Part 8, Title 24 of the
California Code of Regulations.
There is adopted and incorporated by reference herein as the City's Historical Building Code for
the purpose of prescribing regulations in the City of Encinitas to provide alternative building
regulations for the rehabilitation, preservation, restoration, or relocation of designated historic
buildings, the 2019 California Historical Building Code, Part 8, Title 24 of the California Code of
Regulations, a portion of the 2019 California Building Standards Code, as defined in the California
Health and Safety Code, Section 18901 et seq. (authorized by Health and Safety Code Sections
18950 through 18961).
23.12.100 Adoption of the 2019 California Existing Building Code, Part 10, Title 24 of the
California Code of Regulations.
There is adopted and incorporated by reference herein as the City's Existing Building Code for the
purpose of prescribing regulations in the City of Encinitas to provide alternative building regulations
for the rehabilitation, preservation, restoration, or relocation of existing buildings, the 2019
California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion
of the 2019 California Building Standards Code, as defined in the California Health and Safety
Code, Section 18901 et seq.
23.12.110 Adoption of the 2019 California Green Building Standards Code, Part 11, Title 24
of the California Code of Regulations.
A. There is adopted and incorporated by reference herein as the City's Green Building Code for
the purpose of prescribing regulations in the City of Encinitas for enhancing the design and
construction of buildings through the use of building concepts having a reduced negative
impact or positive environmental impact and encouraging sustainable construction practices
the 2019 California Green Building Standards Code, Part II, Title 24 of the California Code of
Regulations, a portion of the 2019 California Buildings Standards Code, as defined in the
California Health and Safety Code, Section 18901 et seq., and the California Green Building
Standards Code, 2019 Edition. Except as otherwise provided by this section of the City of
Encinitas Municipal Code, all construction of buildings shall be in conformance with the 2019
California Building Standards Code and any rules and regulations promulgated pursuant
thereto, including the California Green Building Standards Code, 2019 Edition, published by the
California Building Standards Commission.
B. Section 4.304.2 is hereby added to the 2019 California Green Building Standards Code to read:
4.304.2 Graywater systems. Newly constructed single-family dwelling units shall be pre-
plumbed for a graywater system permitted and constructed in accordance with Chapter 15 of
the California Plumbing Code and including a stub-out in a convenient location for integration of
the graywater system with landscape irrigation systems and accepting graywater from all
sources permissible in conformance with the definition of graywater as per Section 14876 of
the California Water Code.
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Exception: A graywater system shall not be permitted where a. qualified soils engineer
determines in a written, stamped report, or a percolation test shows, that the absorption
capacity of the soil at the project site is unable to accommodate the discharge of a graywater
irrigation system.
23.12.120 Adoption of the 2019 California Reference Standards Code, Part 12, Title 24 of the
California Code of Regulations.
The California Reference Standards Code, 2019 Edition, Chapter 23.12.130 is adopted and hereby
incorporated in this Chapter by reference and made a part hereof the.same as if fully set forth
herein.
SECTION THREE: SEVERABILITY.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason
held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The'City Council hereby declares that it would have
passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact
that one or more provisions may be declared invalid.
SECTION FOUR: PUBLIC NOTICE AND EFFECTIVE DATE.
The City Clerk is directed to prepare and have published a summary of the Ordinance no less than
five days prior to consideration of its adoption, and again within 15 days following adoption,
indicating the votes cast.
This ordinance shall take effect on January 1, 2020. The City Clerk of City of Encinitas is hereby
authorized to use summary.publication procedures pursuant to Government Code Section 36933
utilizing the Coast News, a newspaper of general circulation published in the City of Encinitas.
SECTION FIVE: INTRODUCTION.
This Ordinance was introduced'on October 23, 2019.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 13th
day of November, 2019.
1�
Catherine S. Blakespear, Mayor
ATTEST:
r
Kathy Hol ywood, City Clerk
APPROVED AS TO FORM
L ie E. Devaney, City torney
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CERTIFICATION:
I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby certify under penalty of
perjury that the foregoing ordinance was duly and regularly introduced at a meeting of the City
Council on the 23rd day of October, 2019 and that thereafter the said ordinance was duly and
regularly adopted at a meeting of the City Council on the 13th day of November, 2019 by the
following vote, to wit:
AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca
NAYS: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Encinitas, Calfiornia, this 14th day of November, 2019
,Y"&,�Uj
Kathy Hollywood, bity Clerk
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