HomeMy WebLinkAboutMINUTES - 12011998 - C30-C31 Contra
Costa
TO: BOARD OF SUPERVISORS
County
FROM: CARLOS BALTODANO, DIRECTOR
BUILDING INSPECTION DEPARTMENT
DATE:_ December 1, 1998
SUBJECT: ADOPTION OF THE UNIFORM BUILDING CODE (1994 EDITION AS
AMENDED)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA—nON
RECOMMENDATIONS
INTRODUCE the attached ordinance adopting the 1994 Uniform Building Code, with
amendments, changes and deletions, WAIVE reading, and SET January 12, 1999 at 9:00
a.m. for hearing and adoption. ADOPT attached resolution with findings justifying changes
based on local conditions.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1990, the Board reviewed and adopted the 1988 edition of the Uniform Building Code,
as amended. Pursuant to the State Health and Safety Code section 17922, the uniform
building codes can be modified by amendments by a jurisdiction six months after the State
adoption. If modifications are not made by a County or City during this period, then the
technical portion of the new uniform codes have to be enforced by that jurisdiction.
Even though the County has been enforcing the 1994 Uniform Building Code (UBC) for
several years, there have been some inconsistencies between certain sections of Title 7
of the Contra Costa County Code and sections within the 1994 Uniform Building Code
(UBC). in addition, the 1994 UBC has undergone extensive changes from both the 1988
and 1991 UBC in order to standardize types of construction, occupancy classifications and
format with other model codes in the country.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 7 APPROVED AS RECOMMENDED Tsaw—
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT Nom AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Carlos Baltodano(925/335-1108) a� 1� 1
998
ATTESTED:
cc: County Administrator Phil Batchelor,Clerk of the Board of Supervisors
County Counsel and County Administrator
Community Development
BYs„,�,-�.. &,6,,DEPUTY
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Adoption of the Uniform Building Code
December 1, 1998
Page Two
Staff has reviewed the code proposal with the goal of recommending adoption of the
uniform code and uniform building standards and certain appendices with changes
necessary to meet state and County administrative requirements. The Uniform Building
Code is recommended for adoption with a minimum of technical changes in order to retain
as much uniformity as possible.
The following significant changes are being made to Divisions 72 and 74 of Title 7: the
repeal of the exemption for agricultural related structures and buildings to conform to the
state code (see sections 72-4.002 and 72-4.004). It also clarifies that the issuance of a
building permit does not constitute a determination of the applicant's' ownership of the
subject property nor does it give permission to the permittee to enter another's land to do
work without the owner's or authorized agent's express consent (see sections 72-6.008 and
72-6.024).. In addition, section 72-6.016 (entry on premises) has been modified to conform
to state and federal law. The Title 25 abatement procedure is included as an alternative
to abatement proceedings under the County's Uniform NuisanceAbatement Ordinance
(Chapter 14-6)to preserve the option of using this state authorized method of abatement,
wherever deemed appropriate (see section 72-6.020). Most of the County's abatements
are now done pursuant to Chapter 14-6 of the County Code.
Other clarifying changes are in the renumbering of certain sections in Title 7. For instance,
the section on fire sprinklers used to be in Chapter 38, and now it is in Chapter 9 of the
UBC. The section for foundations used to be in Chapter 29, and now it is in Chapter 18.
These kinds of changes need to be reflected in the Contra Costa County Ordinance Code.
The proposed ordinance also changes the name of the "Building Inspector" in the County
Ordinance Code to "County Building Official".
On September 22, 1998, the Board adopted Ordinance 98-39 amending provisions in Title
7 of the County Ordinance Code, to repeal the industrial security exception of the
requirements to submit plans and specifications, and added Chapter 72-5 on building'and
related' permits for oil refineries and chemical plants. The proposed changes to Title 7 do
not affect this previously adopted action by the Board. Also attached are the state required
fundings for Board review and approval.
FISCAL IMPACT
None known at this time.
CONSEQUENCES OF NEGATIVE ACTION
The goal of staff has been to develop one up-dated ordinance that integrates the prior
County administrative sections and modifications in Title 7 with the requirements of the
UBC, 1994 edition. if action is not taken to have one integrated code, inconsistencies
between the county's provisions and the uniform building code will remain. This may lead
to different staff interpretations and general confusion to the public.
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lcbaltlt 994ubc.doc
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 1, 1998, by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: Nene
ABSTAIN: None
SUBJECT: 1994 Uniform Building )
Code Adaption-•Findings } RESOLUTION NO. 98/-623
Justifying Local Variances
Pursuant to Government Code section 50022.2, this Board intends to adapt the 1994
edition of the Uniform Building Code, with modifications, as the County's building code.
Health and Safety Code sections 17958, 17958.5 and 19758.7 require that in adopting
ordinances which make modifications or changes in the requirements contained in the State's
Building Standard Code and other regulations adapted pursuant to Health and Safety Code
section 17922, a determination must be made that.said modifications or changes are reasonably
necessary because of local climatic, geological or topographical conditions.
The modifications to the 1994 Uniform Building Code involve changes to the State's
Building Standards Cade: specifically, amendments to UBC sections 104.2.3, 104.2.4, 106.2(5),
106.8.2, 10 6.3.3, 106.4.4, 147, 147.6, 502, 904.2.9, 1806.5, 1924, and 2820.4.
These modifications to the 1994 Uniform Building Code are the same as modifications that
were made to the 1988 Uniform Building Code. The facts, evidence and information relied upon
by this Board to make these modifications to the 1988 Uniform Building Cade have not changed.
Based upon the facts, evidence and information considered and relied upon by the Board
in modifying the 1988 Uniform Building Code, this Board hereby FINDS, pursuant to Health and
Safety Code section 17958.7, that the above-referenced modifications and changes to the 1994
Uniform Building Code are reasonably necessary because of local climatic, geological and/or
topographical conditions.
Pursuant to Health and Safety Cade section 17958.7, the Building Inspection Department
is DIRECTED to send a certified copy of this resolution and the ordinance adopting and
amending the 1994 Uniform Building Code, to the State Department of Housing and Community
Development.
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%d0rd\1994ubc.doc
I hereby certify that this is a true and correct
Orig. Dept.: Building Inspection Department copy of an action taken and entered on the
Cc: County Administrator minutes of the Board of Supervisors on the
County Counsel date shown.
CommunityDevelopment ATTESTED:
p PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By Deputy
RESOLUTION NO. 98f 623
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Re: Adopting 1994 Uniform } RESOLUTION NO. 98/ 622
Building Code } (Govt.C. §§ 50022.3,
50022.6)
NOTICE OF PUBLIC HEARING
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board proposes to enact an ordinance providing for the adoption by reference of the
Uniform Building Code, 1994 Edition, as compiled, recommended and published by the
International Conference of Building Officials, with changes, additions and deletions thereto as
set forth in the proposed ordinance.
The proposed ordinance provides for greater safety to the publicand uniformity in building
laws within the unincorporated area of Contra Costa County.
On January 12, 1999 at 9:00 a.m., in the Chambers of the Board of Supervisors, McBrien
Administration Building, 651 Pine Street, Martinez, California, a public hearing will be conducted
upon the proposed enactment of the said ordinance, and at said public hearing any interested
person may appear and be heard.
At least 15 days before the above hearing date, at least one copy of the proposed
ordinance and the 1988 Uniform Building Code shall be on file with the Clerk of this Board, and
open to public inspection.
The Clerk of this Board shall cause this resolution to be published pursuant to Government
Code Section 6066 in the Contra Costa Times, a newspaper of general circulation in this County.
PASSED on December 1, 1998, unanimously by the Supervisors present.
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Ganc.iamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
I hereby certify that this is a true and correct
copy of an action taken and entered on the
Cc: County Administrator minutes of the Board of Supervisors on the
County Counsel date shown.
Clerk of the Board ATTESTED: 't t
PHIL BATCHELOR, Clerk of he Boa rd
of Supervisors and County Administrator
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lbdord11994ubc.dac By `�-�-�'1 ' - -�` j_,.' u��.''�'- � Y
RESOLUTION NO, 913/ 622
OR ANC NO, 98-
(Uniform Building Code)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code): [Govt. C. § 25120]
SECTION I. SUMMARY. This ordinance adopts the 1994 Uniform Building Code, with
amendments, by revising Division 72 and Division 74 of Title 7 of the County Ordinance Code.
[§25120]
SECTION II. Chapter 72-2 of the County Ordinance Code is amended to read:
Chapter 72-2
Building Inspection Department
Sections:
72-2.001 Department and Director.
72-2.003 Functions.
72-2.041 Department and director. This county has a building inspection department,
headed by the director of building inspection (County Building Official) who is a county officer
appointed by the County Administrator. As used in this division,the term County Building Official
means director of building inspection. (Ords. 98-_§_._.: 77-63 § 1: § 72-2.002: Ords. 1631 § 1:
prior code § 7100(a): Ords. 1372 § 1(A, B, C), 1014 § 2(A, B, C), 848 §§ 1 2(A, B), 385 §§ 1,
2(1,2), 355 § 2. See § 36-6.204, Health & Safety Code § 17964, C.C.P. §§ 1822.50 ff, and Cal.
Const. Art. 11 § 1[b].)
72-2.003 Functions. The building inspection department and director shall administer and
enforce state and county laws and regulations on buildings, as ordinance or board resolution
provides. (Ords. 98-_§ _: 77-63 § 1: § 72-2.010:Ord. 1631 § 1: prior code § 7100(b,e): Ords.
1372 § 2(B,E), 1014 § 2(B,E), 848 § 2(A,D), 385 § 2(1,4), 355 § 2. See also§ 72-6.026.)
SECTION III. Section 72-4.002 of the County Ordinance Code is amended to read:
724.002 Generally. This title applies to all buildings and structures in the unincorporated
territory of this county. (Orris 98-_§ `: 80-14 § 1, 74-38.)
SECTION IV. Section 72-4.004 is repealed.
SECTION V. Chapter 72-6 of the County Ordinance Code is amended to read:
Chapter 72-6
ORDINANCE NO, 8- 1
General Provisions*
Sections:
72-6.002 Reference to officials in adopted codes.
72-6.004 Application and fees.
72-6.006 Misrepresentations in permit application.
72-6.008 Permit not approval of violations.
72-6.010 Expiration of permit.
72-6.012 Refunds.
72-6.014 Stop work orders.
72-6.016 Entry on premises.
72-6.018 State contractor license required.
72-6.020 Abatement procedure.
72-6.022 Disconnection of utility service.
72-6.023 Withhold permit.
72-6.024 Liability of county.
72-6.026 Enforcement of state law.
72-6.002 Reference to officials in adopted codes. In the codes adopted by reference in this
title, references to "city's mean the county of Contra Costa; to "city council or mayor" mean the
board of supervisors of this county; to "state" mean the state of California, to "Housing Act" mean
the Housing Act of the state;and to County Building Official,administrative authority,or fire chief"
mean the director of building inspection of this county. (Ords. 98--§_: 80-14 § 2: prior code §
7102: Ord. 1372.)
72-6.004 Application fees. For the purpose of this title and except as otherwise provided
herein, required fees shall be paid with the submission of an application for filing of a request for
any permit allowed by this title. No application may be filed and accepted as complete until all
required fees have been paid. Any permit issued without the payment of all required fees shall be
invalid and of no force and effect. (Ords. 98-__ § _: 87-55 § 2, 74-32 § 1, 73-58 § 2, 67-70 § 2:
prior code § 7103: Ords. 1372, 1014 § 5: See §§ 76-10.202 ff; 78-4.006, 710-4.010.)
72-6.006 Misrepresentations in permit application. No person shall make a false
statement or misrepresentation in or in connection with an application for a permit under this title.
Any permit issued under this title may be revoked or suspended at any time by the County Building
Official for fraud, misrepresentation or false statement contained in an application for a permit, or
for violation of this title in connection with work done under the permit. (Ords. 98-_§ _: Prior
code § 7104: Ord. 1372.)
72-6.008 Permit not approval of violations or determination of ownership. The issuance
of a permit or approval of plans and specifications shall not be construed as a permit for an approval
of any violation of this title or code or determination that the permittee is the owner of the subject
*For the statutory exemption o€any local government from liability caused by its failure to make an inspection or by reason of making an inadequate or negligent
inspection of any property other than its own property for the purposes of determining whether the property complies with or violates any enactment or regulations,
see Gov.C.3 818.6.
ORDINANCE NO. 98- 2
property or otherwise authorized to do the work for which the permit has been issued. No permit
presuming to give authority to violate or cancel the provisions of this title shall be valid except
insofar as the work or use which it authorizes is lawful. The issuance of a permit based on plans and
specifications shall not prevent the County Building Official from later requiring the correction of
errors in the plans and specifications or from preventing building operations being carried on under
the permit in violation of this title or other regulation of this county. (Ords. 98- §�: Prior code
§ 7105: Ord. 1372.)
72-6.010 Expiration of permit. UBC Section 106.4.4, Expiration of permit, is amended
to read:
"Every permit issued by The County Building Official becomes void if the building or work
authorized is not begun within one hundred eighty (180) days from the permit's date, or if it is
suspended or abandoned for one hundred eighty(180) continuous calender days without excuse
satisfying The County Building Official as being beyond control and remedy by the permittee.
Evidence of starting work shall consist of at least one required inspection within one hundred eighty
days (180) of the permit issuance date or the date the permit was suspended or the work was
abandoned Once a permit becomes void, a new permit shall be obtained before any work is
commenced or recommenced, and a new permit fee shall be paid. Any permittee holding an
unexpired permit may apply for a permit extension upon a showing of good and satisfactory reason
acceptable to the County Building Official. If the permittee is unable to commence work within the
time required by this section, the County Building Official may extend the time of the permit for a
period not exceeding one hundred eighty (180) days upon written request by the permittee. No
permit shall be renewed more than once." (Ords.98-_§ _: 87-55 § 3,80-14 § 3,74-32 § 2,71-32
§ 1, 67-70 § 3: prior code § 7106: Ord. 1372 § 5H.)
72-5.012 Refunds. UBC Section 107.6, Fee Refunds, is amended to read:
"The County Building Official may authorize the refund of required permit fees as follows:
a) Unused Building Permit. On the voiding of a permit within sixty(60)days after issuance,
no work having been done,the holder may be allowed a refund of the amount in excess of fifteen
dollars but not more than eighty (80) percent of the permit fee paid. On the voiding of a permit
during the period between sixty days and one year after issuance, no work having been done,the
holder may be allowed a refund of the amount in excess of fifteen dollars or one-half the total
amount paid for the permit,whichever is smaller. No refunds of plan check fees for issued permits
shall be allowed. Any unused plumbing, electrical, or mechanical permits) taken in conjunction
with a building permit are governed by the refund procedures in subsection (b) of this section.
(b) Unused plumbing, electrical, or mechanical permits. No refund of deposits for these
permits (including subpermits issued in conjunction with building permits, and miscellaneous
permits) shall be allowed,except that on the voiding of a permit within one year after issuance, no
work having been done,the holder may be allowed a refund of the amount in excess of ten dollars."
(Ords. 98-_ §_: 80-14 § 4, 76-I5.)
72-6.014 Stop work orders. UBC Section 104.2.4, Stop Orders, is amended to read:
"Whenever any building work is being done contrary to this title or any other law or
regulation (Including, but not limited to, the following: zoning, health, sanitation, and/or flood
ORDINANCE NO. 98- 3
control)relating to or affecting the work,the County Building Official may order the work stopped
by notice in writing served on any persons engaged in the doing or causing of the work; and these
persons shall stop work immediately until authorized by the County Building Official to proceed
with the work."(Ords. 98-_§ _: 90-100 § 2: prior code § 7108: Ord. 1372.)
72-6.016 Entry on premises. UBC Section 104.2.3, Right of entry, is amended to read:
"On presentation of proper credentials, and with the consent of the person in possession of
the premises or as otherwise allowed by law, the County Building Official or his or her duly
authorized representatives may enter at reasonable times any building, structure or premises in the
county to perform any duty imposed on them by the codes adopted by reference',in this title." (Ords.
98-_ § _: Prior code § 7109: Ord. 1372.)
72-6.018 State contractor license required. No permit shall be issued to a person to do
or cause to be done any work regulated by this title except to the holder of a valid, unexpired and
unrevoked license in good standing, issued under Chapter 9, Division 3 of the Business and
Professions Code of the state; but permits may be issued to persons and for work exempt from that
statute. (Ords. 98-w§ _: Prior code § 7110: Ord. 1372.)
72-6.020 Abatement procedure.The procedure for the abatement of buildings declared to
be a public nuisance pursuant to section 102 of the Uniform Building Code (which is adopted by
reference in Division 74), or pursuant to section 202 of the Uniform Housing Code (which is
adopted by reference in Division 712)or pursuant to section 712-4.006 of this code is the procedure
specified in the County's Uniform Nuisance Abatement Ordinance as set forth in Chapter 14-6 of
this code. As an alternative to this procedure, abatement may be performed pursuant to the
procedure specified in Article 6 (Action and Proceedings) of Sub-chapter 1 (State Housing Law
Regulations) of Chapter I of Title 25 (Housing and Community Development) of the California
Code of Regulations (25 C.C.R. §§ 48 et seq.). That procedure is adopted by this reference as
though fully set forth herein and is an alternative to enforcement by judicial proceedings. (Ords.
98-_ § _: 97-19 § 3, 90-100 § 3, 82-23, 72-25M 71-76, 69-40, 1631: Prior Code § 7111: Ord.
1372.)
72-6.022 Disconnection of utility service. The County Building Official may shut off or
disconnect any or all utility service to any structure of facility or to any electrical conductor or
apparatus which he or she finds to be in violation of any state or county law or regulation relating
thereto or to the public health, safety or welfare, or the County Building Official may order this
done. If the County Building Official finds that the violation involves an immediate danger to
person(s)or to that or other properties or to the public health, safety or welfare,the County Building
Official may have the action taken as quickly as he or she deems necessitated by the danger;
otherwise the County Building Official shall give ten days advance notice thereof by mail to the
utility and to the owner as shown on the last assessment roll and by conspicuous posting on the
property; and the County Building Official shall conspicuously post notice of the orders and the
action taken,which no person shall remove, tamper with or disobey. The County Building Official
shall rescind or modify such action when it becomes proper to do so in view of the danger or
violation. (Orris. 98-_ § _: 7 1-110 § 8 (part), 1971: prior code § 7112: Ord. 1442.)
ORDINANCE NO. 98- 4
72-6.023 Withhold permit. The County Building Official may, in his or her sound
discretion,withhold the issuance or reinstatement of a permit under this Title 7 for any structure on
a parcel of land concerning either or both of which there exists any violation of law or regulation
(including but not limited to the following:building,grading,zoning,health, sanitation and/or flood
control)relating to or affecting that permit. In determining whether a permit shall be issued, he or
she shall also consider whether the existing violation constitutes an unlawful occupancy or a hazard
to life or property. The County Building Official may require correction of a violation before
issuing a permit,or as a condition of issuance within a stated period of time including any extensions
granted for good cause shown. Failure to comply with such condition is a ground for revocation as
provided by law. (Ords. 98-- § _„_: 77-63 § 2; § 27-2.014: Ord. 1809:prior code § 7100(g).)
72-6.024 Liability of county. This title shall not be construed to impose on the county any
liability or responsibility for damage resulting from defective building, plumbing, mechanical or
electrical work; nor shall the county, or any official or employee of the county,be held to assume
this liability or responsibility because of the inspection authorized under this title. The issuance of
a building permit under this title shall not be construed as a determination by the county that the
permittee has legally sufficient proprietary rights to perform the work on the property for which the
permit has been issued nor shall it be construed as permission or license to enter on, occupy or
otherwise utilize private or noncounty property without the express consent of the owner or agent
in possession thereof. (Ords. 98-J§ _; prior code § 7113: Ord. 1442.)
72-6.026 Enforcement of state law. By authority of Section 18300 of the Health and
Safety Code,the county assumes the responsibility for enforcement of Part 2.1 of Division 13 of the
Health & Safety Code relating to mobile homes and mobile home parks, including regulations
adopted thereunder and contained in Chapter 2 (Mobilehome Parks Act) of Part I of Title 25 of the
California Code of Regulations (25 C.C.R. §§ 1000 ff.). (Ords. 98-_§_: 90-'100 §4, 1629: prior
code § 7114.)
SECTION VI. Division 74 of the County Ordinance Code is amended to read:
Division 74
Uniform Building Code
Chapters:
74-1 Adoption.
74-3 Modifications.
74-6 Permits, Drainage and Streets.
Chapter 74-1
Adoption
74-1.002 Adoption. (a) The building code of this county is the 1994 edition of the
Uniform Building Code(including appendix chapters 3, division 11; chapter 12,division I,division
II:, chapter 15,sections 1514, 1516, 1517, 1518, 1519, 1520, and 1521; chapter 29 and chapter 31,
ORDINANCE NO. 98- 5
division 111) , and the 1994 Uniform Building Code standards published by the international
conference of building officials;
(b) This Uniform Building Code volumes 1, 2, and 3 (UBC Standards) with the changes,
additions, and deletions set forth in this division and Division 72, are adoptedby this reference as
though fully set forth herein;
(c) At least one copy of this Uniform Code and Standards are now on file in the office of
the clerk of the board; the other requirements of Government Code Section 50022.6 have been and
shall be complied with. (Ords. 98-_ §_: 90-100 § 5, 87-55 § 4, 80-14 § 5, 74-30.)
Chapter 74-3
Modifications
Article 74-3.1 General and UBC Chapter 1
Sections:
74-3.101 General.
74-3.104.1 Enforcement agency.
74-3.105 Board of Appeals.
74-3.106.2 Work exempt from permit.
74-3.106.3 Application for Permit.
74-3.106.3.3 Information on plans and specifications.
74-3.107 Fees.
74-3.108.1.1 Inspections.
Article 74-3.5 UBC Chapter 5 General Building Limitations
Section.
74-3.502 Premises Identification.
Article 74-3.9 UBC Chapter 9 Fire Protection Systems
Section:
74-3.904.2.9 Automatic Fire Extinguisher System For New
Buildings.
Article 74-3.18 UBC Chapter 18 Foundation and Retaining Walls
Section:
74-3.1806.5 Footing Design.
Article 74-3.19 UBC Chapter 19 Concrete
Section:
74-3.1924 Minimum Slab Thickness.
Article 74-3.23 UBC Chapter 23 Wood
Section:
74-3.2320.4 Shakes and Shingles.
ORDINANCE NO. 98- 6
.......................................................................................................................................
. .......................................................................................
Article 74-3.1
General and UBC Chapter 1
74-3.101 General. The 1994 Uniform Building Code,adopted by reference in Section 74-
1.002, shall be effective in this county with the changes, additions and deletions set forth in this
Division and Division 72, including but not limited to expiration of permit (section 72-6.010),
refunds (section 72-6.012), and stop work orders (section 72-6.014) . Where indicated by the
context, chapter and section numbers used in this chapter are those of the 1994 Uniform Building
Code (UBC). (Ords. 98-_ §_: 90-100 § 6, 87-55 § 5, 80-14 § 6, 74-30 § 1.)
74-3.104.1 Creation of enforcement agency. UBC Section 104.1 is deleted. (Ords. 98-_
§ _: 90-100 § 6, 74-30.)
74-3.105 Board of appeals. UBC Section 105 is deleted. (Ord. 98-- § _: 90-100 § 6,
74-30.)
74-3.106.2 Work exempt from permit. UBC Section 106.2(5), Work Exempt From
Permit, is amended to read:
"5. Retaining walls which are not over 3 feet in height measured from the top of the footing
to top of the wall,unless supporting a surcharge or ground slope exceeding 1:2 or impounding class
1, 11, or Ill-a liquids." (Ord. 98-_§ _.)
74-3.106.3 Application for permit. UBC Section 106.3.2, Submittal Documents, is
amended by deleting the exception.
74-3.106.3.3 Information on plans and specifications.UBC Section 106.3.3, Information
on Plans and Specifications, is amended to read:
"Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be
sufficient clarity to indicate the location, nature and extent of the work proposed and to show in
detail that it will conform to this code and all relevant laws, ordinances, rules and regulations. The
first sheet of each set of plans shall give the house and street address of the work and the name and
address of the owner and of the person who prepared the plans. Plans shall include a plot plan
showing the location of the lot comers as established on the ground,the elevation of the top and toe
of cuts and fills, and the location of the proposed building and of every existing building on the
property. Instead of detailed specifications, the County Building Official may approve references
on the plans to a specific section or part of this code or other ordinances or laws." (Ords.98- §
90-100 § 6, 80-14 § 7, 74-30.)
74-3.107 Fees. UBC Section 107, Fees, is amended to read:
"Building Permit and other fees shall be as set forth in ordinances adopted by the Board of
Supervisors." (Ords. 98- § _90-100 § 6, 88-91 § 2, 87-55 § 7, 80-76 § 1, 80-14 § 7, 76-15 §
3.)
74-3.108.1 Inspections. UBC Section 108.1 General, is amended by adding the following
ORDINANCE NO. 98- 7
at the end:
"At the time of first inspection by the County Building Official, property corners(including
angle points)shall be identified with monuments in accordance with the legal description furnished
with the application to build, sufficient to locate the proposed structure in relation to the lot lines,
except that this requirement shall not apply to minor alterations or repairs to existing structures not
affecting the exterior limits thereof, and construction of accessory buildings or structures of a
building permit value of less than$500. The plot plan required by UBC section'106.3.3,as amended
herein, shall indicate the locations and identification of all property corner monuments. Property
corner monuments shall consist of one of the following:
(1) Redwood hub not less than two inches square and twelve inches long;
(2) Galvanized iron pipe not less than one inch in diameter and thirty inches long filled with
concrete; or
(3) Other material of sufficient durability,placed as not to be readily disturbed, acceptable
to the County Building Official.
Monuments shall be driven flush with the ground and tagged as required by the Land
Surveyor Act(Business and Professions Code section 8772). (Ords. 98- §_90-100 § 6, 87-55
§ 8, 80-14 § 7, 74-30 § 1.)
Article 74-3.5
UBC Chapter 5
74-3.502 Premises identification. UBC Section 502, Premises Identification, is amended
to read:
"Approved numbers or addresses shall be provided for all new buildings in such a position
as to be plainly visible and legible from the street or road fronting the property. In addition, every
new residential dwelling unit building shall be equipped with a lighted(illuminated)house number
or address plainly visible and legible from the street or road fronting the property. As appropriate,
the planning agency or County Building Official may grant exceptions to the illumination
requirements when satisfied that the application of its requirements would impose an unreasonable
hardship and expense for the owner and/or applicant due to special circumstances applicable to the
involved new building(s)because of location,topography,or surroundings." (Ords. 98 -J§----90-
100 § 6, 88-70 § 2.)
Article 74-3.9
UBC Chapter 9 Fire Protection Systems.
74-3.904.2.9 Automatic fire extinguishing system for new buildings. UBC Section
904.2.9 Automatic Fire Extinguishing System For new buildings, is amended to read:
"(a) For new buildings an automatic fire extinguishing system shall be installed:
1. In all buildings when the total floor area, including mezzanines, exceeds 10,000 square
feet.
2. In all buildings separated by one or more area separation walls without openings when
the total floor area, including mezzanines, exceeds 20,000 square feet.
Exceptions to (a)1 and(a)2:
ORDINANCE NO, 98- 8
A. Agricultural buildings.
B. Group S Division 4 open parking garage buildings containing no other occupancies and
where exterior walls containing openings are located not less than 20 feet from an adjacent property
line or center street line or public space.
C. When determining a building's total floor area,the floor area of mechanical rooms of not
more than 50 square feet and separated from the remainder of the building by not less than a I hour
fire resistive occupancy separation need not be considered.
For purposes of this section, "new building"includes a building which replaces a preexisting
building which has been substantially destroyed. The County Building Official shall determine
whether a building has been substantially destroyed." (Ords.98-_§ _; 90-la90-100 § 6, 89-20
§ 3, 87-100 § 3, 80-14 § 7, 74-30.)
Article 74-3.18
UBC Chapter 18 Foundations and Retaining Walls
74-3.1806.5 Footing Design,UBC Section 1806.5 Footing Design, is amended to read:
"Except for special provisions of the UBC Section 1808 covering the design of piles, all
portions of footings shall be designed in accordance with the structural provisions of this code and
shall be designed to minimize differential settlement and the effects of expansive soils when
present.Slab-on-grade and mat-type footings for buildings located on expansive soils may be
designed in accordance with provisions of Division III or such other engineering design based on
geotechnical recommendation as approved by the County Building Official. A minimum of two(2)
one-half(V2) inch steel reinforcing bars shall be provided in continuous foundations." (Ords.98-
§ _; 90-100 § 6, 87-55 § 10, 80-14 § 7, 74-30 § 1.)
Article 74-3.19
UBC Chapter 19 Concrete
74-3.1924 Mnimum slab thickness. UBC Section 1924,Minimum Slab Thickness,
is amended to read:
"The minimum Thickness of concrete floor slabs supported directly on the ground shall be
not less than three and one-half(3 V2,") inches. Slabs shall have six (6") inches by six (6") inches
by ten (10") gauge wire mesh or equal at this midheight. Earth under concrete slabs shall be of
proper consistency and thickness to retard capillary action and shall be approved by the County
Building Official." (Ords.98-_§_; 90-100 § 6, 80-14 § 7, 74-30.)
Article 74-3.23
UBC Chapter 23 Wood
74-3. 2320.4 Shakes and Shingles. UBC Section 2320.4, Shakes and Shingles, is amended
to read:
,, Wood shingles or shakes and asbestos cement shingles may be used for exterior wall
covering, provided the frame of the structure is covered with building paper as specified in UBC
ORDINANCE NO. 98- 9
Section 1402.1. All shingles or shakes attached to sheathing other than wood sheathing shall be
secured with approved corrosion-resistant fasteners or on furring strips attached to the studs. 'Wood
shingles or shakes may be applied over fiberboard shingle backer and sheathing with annular
grooved nails. The thickness of wood shingles or shakes between wood nailing boards shall not be
less than 3/8 inch(9.5 mm). Wood shingles or shakes and asbestos shingles or siding may be nailed
directly to approved fiberboard nailbase sheathing not less than 'lz inch(13mm)nominal thickness
with annular grooved nails.The weather exposure of wood shingle or shake siding used on exterior
walls shall not exceed maximums set forth in U Table 23-1-L. When untreated wood shingles or
shakes are used for exterior wall covering, there shall be a minimum of ten (10) feet from the
exterior wall(including shingles or shakes)to the property line of all sides, except for any sides of
exterior walls facing the street." (Ords.98-__.. § _; 90-100 § 6, 87-55 § 9.)
Chapter 74-6
Permits,Drainage, and Streets
Sections:
74-6.004 Drainage facility requirements.
74-6.006 Construction within future streetboundaries.
74-6.008 Agreement on grades, sidewalks and curbs.
74-6.010 Structures within structure setback areas.
74-6.004 Drainage facility requirement. (a) Suitable open drainage facilities (such as
gutters, ditches, open conduits,or channels,whether of earth or lined with an acceptable material)
shall be provided to protect all buildings, structures, and improvements from dampness,ponding,
and inundation by storm,rain, surface, foreign, flood,and subsurface waters originating within or
without the boundaries of the property.
(b) Subsurface drainage facilities for controlling,lowering,or intercepting ground water or
subsurface flow shall be installed wherever the water might be detrimental to any building or
structure or might contribute to the instability either of the foundation soil or of any earth material
adjacent to or adjoining the building or structure.
(c) Drainage of water from swimming pools and similar improvements(but not waste from
water treatment facilities) shall be conveyed, preferably in closed conduits, to a storm drainage
facility or a natural channel or watercourse,without injury to buildings, structures,or improvements
within or without the property boundaries and without causing erosion.
(d) Properly recorded easements or reserves shall be provided for all drainage structures and
facilities (except roof and swimming pool drains), and shall be fully designated for the exclusive
purpose for which the parcels shall be used. (Ords. 98-_§ _;74-30.)
74-6.006 Construction within future street boundaries. No building permit shall be
issued for the construction within the boundaries of any future street as shown on future street-line
maps recommended by the director of public works and adopted from time to time by the Board of
Supervisors. (Ords.98-_§ _; 74-30.)
74-6.008 Agreement on grades, sidewalks, and curbs. No building permit for the
ORDINANCE NO. 98- 10
r a
construction of any structure or improvement for which a permit is required shall be issued unless
the applicant shall make an agreement that as a part of such construction:
(1) There shall be constructed a sidewalk and curb across the property upon which such
structure is proposed,at the grade and in accordance with the specifications of the director of public
works;
(2) The property on which the proposed structure is to be built shall be graded in reasonable
relation to the grade of the public street or way on which the property abuts. In determining this
reasonable relationship, the County Building Official shall consider, among other factors, safe
vehicular access to and from the property,adequate drainage,and visibility along the adjacent public
street;
(3) Vehicular access to and from the property shall be provided only in locations approved
by the County Building Official (Ords.98-_§ ____; 74-30.)
74-6.010 Structures within structure setback areas. (a) No building permit shall be
issued for the construction of any permanent structures,other than drainage structures;within,under
or over any structure setback area covered by a drainage easement or a deed of development rights
and established pursuant to Chapter 914-10.
(b) Whenever the property upon which a building permit is sought includes a structure
setback area,the County Building Official shall refer the application to the public works department
for verification of the structure setback line. (Ords.98-_§_; 85-40.)
SECTION VII. Effective Date. This ordinance becomes effective 30 days after passage,and within
15 days after passage shall be published once with the names of supervisors voting for and against
it in the , a newspaper published in this County. [§§25123 &
25124]
PASSED on ,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board Chair
DJS/jh
H:\GR0UPS\STAFF\72-74T1T.W PD
ORDINANCE NO. 98- 11
PROOF OF PUBLICATION RECEIVE
12015.5 C.C.P.) ROMD OF SUPM418Cp8
OF CONTRA COSTA
` 9" t N DEC 1 8X96
STATE OF CALIFORNIA (Oovt.C."otionst 0029.3,
County of Contra Costa 50022•6)
NOTICE OF PUBLIC
I am a citizen of the United States and a resident of theHEMNO CLERK BOARD OF SUPERVISORS
County aforesaid; I am over the age of eighteen years,. �:�U=1994 CONTPA COSTA `C7.
and not a party to or interested in the above-entitled But rig Code
matter. The Board of Supervisors of
Contra Costa County
I am the Principal Legal Clerk of the Contra Costa Ties, RESOLVES THAT:
p 9 This Board proposes to enact
a newspaper of general circulation, printed and published an ordinance providing for
at 2640 Shadelands Drive in the Cit of Walnut Creek, the adotp�donb�,reference of
Y the Untfcsrm F7uUding Code,
County of Contra Costa, 94598. 1994 Edition, as comWoUte�d,
recommended and pubgehecl
And which newspaper has been adjudged a newspaper on eothe landingp oat Confer-
And } $ p per of cages aldddldwo Officials,
nd des-
general circulation by the Superior Court of the County of tions thereto as set forth In
Contra Costa, State of California, under the date of the proposed ordinance.
October 22, 1934. Case Number 19764. The proposed ordinance pro-
vides for greater safety to the
The notice,of which the annexed is a printed copy(set in public and uniformity In build-
orpo-
type not smaller than nonpareil), has been published in np law area
of dee una Costs
rated eras df Contra Costa
each regular and entire issue of said newspaper and not County-
in any supplement thereof on the fallowing dates,to-wit: On January 12,less at 9:00
a.m.,In the Chambers of the
December 15.22 Board of Supervisors,
MCBnsn Administration'
Building, 851 Pine Street,
all in the year of 1998 Martinez,Calaomia,a public
hearing wig be conducted up.
I certify (or declare) under penaltyof I on he the proposed enactment
perjury that the of the said ordinance,and at
saidublic hearing any
Inter-
foregoing is true and correct. I eatee� peeaon may appear
I and be erear°dn
Executed at Walnut Creek, California. ;At(east 15 days baron the
On this 22 day of December, 1998 above hearing date,at least
one copy of the proposed or-
dinance and die' 1988 Uhl-
.......... rorrrr Building Coda shag be
Signature qqn file Wth d1a Clerk of this
eoard,_and open to public In-
epecdon.
Contra Costa Times The stark or this Board shall
P C1 Box 4147 cause this resolution to be;
Walnut Creek, CA 94596 published pursuant to Gov-;
(510) 935-2525 emment Code Section 8088
In the Contra Costa Times,a I
Proof of Publication of:
Ia wsionp%er f general
nn circu-
ral '
(attached is a copy of the legal advertisement that PASSED on December 1,
19%,unanimously by the Su-
published) pervisors present.
AYES: Suppsenrisora Mama,
Gerber, DsSaUrtler, Can-
clamilla,and Rogers
NOES:Nona
ABSENT:None
i ABSTAIN:None
I' hereby certify that this Ise true and correct copy of an
action taken and entered on
the minutes of the Board of
aBu taors on ore date
ATTESTED: December 1,
PClerBATCHELOR iiiia
ofSuuppeervisors and
County Adminiatrafor
By Maureen Perkas1187
L east CCT 4723 y
Pu lisb h December 15, 22,
TO: BOARD OF SUPERVISORS
FROM: P'H'IL J. BATCHELOR, County Administrator
DATE: November 19, 1998
SUBJECT: FIX HEARING FOR INCREASE IN DISPUTE RESOLUTION FEE
Specific Request(s) or Recommendations(s) & Background & justification
RECOMMENDATION:
FIX December 15, 1998, at 2:00, for public hearing to consider increasing the Dispute Resolution fee
from $3.00 to $5.00.
FINANCIAL IMPACT:
No negative impact. The Dispute Resolution Program is fully revenue offset by these funds which are
generated from a three dollar filing fee on civil actions in the Superior Court. No County general funds are
involved.
REASONS FOR RECOMMENDATIONIBACKGROU'ND:
The Dispute Resolution Program Act of 1986 (Business and Professional Code Sections 465, et seq.) provides
for the establishment and funding, at County option, of local dispute resolution services as an alternative to
formal court proceedings. The Act authorized participating counties to increase Superior, Municipal',and
Justice Courts filing fees from one to three dollars for the purpose of funding the local dispute resolution
programs. A recent amendment authorized an increase in the fee from three to eight dollars.
CONTINUED ON ATTACHMENT: YES
Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Si nature(s):
Action of Board on: 12/1/98 Approved as Recommended x Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN'
x Unanimous {Absent } AND ENTERED ON THE MINUTE'S OF THE
Ayes: Nees: BOARD OF SUPERVISORS >ON DATE SHOWN.
Absent: Abstain:
Attested: _ December 1, 1998
cc: CAO-Justice System Programs Phil Batchelor, Clerk of the Board
Superior Court of Supervisors and County Administrator
Contact: Lisa Driscoll 335-1055 By: , DEPUTY