HomeMy WebLinkAboutOrdinance 625 2019 Building Code updateORDINANCE NO. 625
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
REPEALING, AMENDING AND REENACTING CHAPTERS 14.0144.12
AND 14.44 OF TITLE 14 (BUILDINGS AND CONSTRUCTION) OF THE MORRO
BAY MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE AND AMENDING
THE 2019 CALIFORNIA BUILDING (VOLUMES 1 AND 2), RESIDENTIAL,
ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, HISTORICAL BUILDING,
FIRE, EXISTING BUILDING, GREEN BUILDING, ADMINISTRATIVE, AND
REFERENCE STANDARDS CODES, THE 2018 INTERNATIONAL PROPERTY
MAINTENANCE CODE, AND THE 1997 UNIFORM CODE FOR THE ABATEMENT
OF DANGEROUS BUILDINGS, AND AMENDING REGULATION OF FRONTAGE
IMPROVEMENTS.
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, there are certain state and model codes relating to buildings, construction
fire and life safety as follows:
A. 2019 California Building Code (volumes 1 and 2)
B. 2019 California Residential Code
C. 2019 California Electrical Code
D. 2019 California Mechanical Code
E. 2019 California Plumbing Code
F. 2019 California Energy Code
G. 2019 California Historical Building Code
H. 2019 California Fire Code
I. 2019 California Existing Building Code
J. 2019 California Green Building Code
K. 2019 California Administrative Code
L. 2019 California Reference Standards Code
M. 2018 International Property Maintenance Code
N. 1997 Uniform Code for the Abatement of Dangerous Buildings
WHEREAS, Government Code § 50022.1, et seq. and Health and Safety Code § 17922
authorize the City to adopt by reference the California Building Standards Code as provided in
Titles 24 and 25 of the California Code of Regulations and other codes, including, without
limitation, the 2018 International Property Maintenance Code and, the Uniform Code for the
Abatement of Dangerous Buildings; and
WHEREAS, pursuant to Health and Safety Code § 17950 and 18938(b), the California
Building Standards Code is applicable to all occupancies throughout the State of California,
whether or not the City takes affirmative action to adopt the California Building Standards Code;
and
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Page 1 of 27
WHEREAS, Health and Safety Code § 17"0, requires a local building department to
enforce State Housing Law, the California Building Standards Code, and the implementing
regulations of the Department of Housing and Community Development for residential
structures; and
WHEREAS, Health and Safety Code § 17958.5 allows the City to make those changes
or modifications to the requirements contained in the provisions published in the California
Building Standards Code as it determines, pursuant to the provisions of Health and Safety Code
§ 17958.7, are reasonably necessary because of local climatic, geological, or topographical
conditions; and
WHEREAS, pursuant to the immediately foregoing Health and Safety Code sections and
Health and Safety Code § 18941.5, certain express findings have been made and are as follows:
FINDINGS
1. The topographic, underlying geologic and surface soil conditions of the hillsides of the
City of Morro Bay are of a gradient and composition such that movement has historically
been known to occur. Soils testing has revealed the presence of potentially hazardous
geologic conditions, including expansive soils, questionable soils, soils prone to
liquefaction and seasonally high ground -water. Therefore, it is reasonably necessary to
adopt regulations for grading operations that are more detailed and restrictive than those
adopted by the State of California and codified in the California Building Standards
Code. More particularly, this finding supports the adoption of Section 1804.1.1 of the
2019 California Building Code.
2. Due to topographic and geologic conditions, development in Morro Bay has historically
been constrained such that building occurred predominantly in the flatter areas, a scarcity
of which resulted in the creation of small lots and the construction of structures in relative
close proximity to one -another. Those conditions are known to be conducive to the
spread of fire and, therefore, it is reasonably necessary to adopt standards more restrictive
than those adopted by the State of California and codified in the California Building
Standards Code and California Fire Code for the installation of automatic fire sprinklers
on new and existing buildings, limiting the use of wood shakes or shingles, and to
otherwise establish construction and fire prevention regulations more restrictive than
those adopted by the State of California and codified in the California Building Standards
Code to reduce and minimize the potential for loss of and damage to life and property
resulting from fire, hazardous materials, explosions and to protect firefighters and
emergency personnel during emergency operations. More particularly, this finding
supports the modification of California Building Code, California Fire Code, California
Residential Code and California Electrical Code.
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Page 2 of 27
3. Due to topographic conditions and in order to protect the estuarine environment of and
adjacent to the City of Morro Bay, it is reasonably necessary to adopt regulations more
restrictive than those adopted by the State of California and codified in the California
Building Standards Code, creating more stringent thresholds for when a building permit
is required for construction of sidewalks, driveways, decks, paving, or flatwork,
prohibiting the construction of private sewage disposal systems and requiring the
installation of sewer backwater valves. More particularly, this finding supports the
modification of California Building Code Section 105.2, California Plumbing Code
section 713.0, and the addition of Plumbing Code section 709.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA FINDS AND ORDAINS AS FOLLOWS.
SECTION 1. The City Council hereby declares and adopts the foregoing recitals and
findings as true and correct and they are incorporated herein.
SECTION 2. Effective January 1, 2020, Chapters 14.01-14.12 and 14.44 of the Morro
Bay Municipal Code are hereby repealed and reenacted to read as follows (with redline changes
below to show amendments made):
Chapter 14.01
GENERAL
Sections:
14.01.010 Title and Purpose.
14.01.020 Adoption of Codes.
14.01.030 Building Official and Fire Chief Designated.
14.01.010 Title and Purpose.
This title shall be known and may be cited as "The Buildings and Construction Ordinance of the
City of Morro Bay," Title 14 of the Morro Bay Municipal Code (MBMC). These regulations are
hereby established and adopted to protect and promote public health, safety and welfare. This
title establishes minimum regulations for construction, fire prevention, and the use and
occupancy of buildings and other structures. This title prescribes regulations and standards that
are consistent with the State Housing Law of California.
14.01.020 Adoption of Codes.
Fourteen documents, one each of which are on file in office of the Building Official, identified
by the seal of the City of Morro Bay, marked and designated as the:
Ordinance No. 625
Page 3 of 27
A. 2019 California Building Code (volumes 1 and 2),
B. 2019 California Residential Code,
C. 2019 California Electrical Code,
12019 California Mechanical Code,
E. 2019 California Plumbing Code,
F. 2019 California Energy Code,
G. 2019 California Historical Building Code,
H. 2019 California Fire Code,
I. 2019 California Existing Building Code,
J. 2019 California Green Building Code,
K. 2019 California Administrative Code
L. 2019 California Reference Standards Code
M. 2018 International Property Maintenance Code,
N. 1997 Uniform Code for the Abatement of Dangerous
Buildings
are hereby adopted, including chapters and sections not otherwise adopted by agencies of the
State of California, and the appendices thereto as the buildings, construction, and fire prevention
regulations of the City of Morro Bay. The provisions of the above -mentioned are hereby referred
to, adopted, and made a part hereof as if fully set out in this title except as modified hereinafter.
14.01.030 Building Official and Fire Chief Designated.
The City's community development director is hereby designated as the Building Official and
Building Code Official for the City of Morro Bay. The Fire Chief is hereby designated as the
Fire Code Official for the City of Morro Bay. Where the "authority having jurisdiction" is used
in the adopted codes, it shall mean the Building Official or the Fire Chief, as applicable.
Chapter 14.02
ADMINISTRATION AND ENFORCEMENT
Sections:
14.02.010 Administration and Enforcement.
14.02.020 Modification of Division II of Chapter 1 of the California Building Code.
14.02.010 Administration and Enforcement.
The Administration and Enforcement of this title shall be in accordance with Division II of
Chapter 1 of the California Building Code as adopted, modified, amended, and supplemented
herein.
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Page 4 of 27
14.02.020 Modifications of Division II of Chapter 1 of the California Building Code.
The California Building Code, adopted in Section 14.01.020, is hereby modified, amended, and
supplemented as follows:
A. Amend Section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division of the Community
Development Department of the City of Morro Bay is hereby created and the official
in charge thereof shall be known as the Building Official. Where reference is made to
the Authority Having Jurisdiction or Code Official in the adopted Codes, it shall
mean the Building Official.
B. Add Section 104.8.1 to read as follows:
104.8.1 Liability or Responsibility due to Error or Omission. This title shall not be
construed so as to impose upon the City, or upon any of its officials or employees, any liability
or responsibility for injury or damage resulting from any work approved or performed with
respect to this title, or by reason of any inspection performed hereunder. No person shall be
relieved of the responsibility of compliance with this title because of an error or omission made
by a city official or employee.
C. Add Section 104.9.2 to read as follows:
104.9.2 Cargo Containers, Rail Cars, and Vehicle Bodies. Any person who
intends to bring into the City or otherwise use, alter or relocate within the City any
cargo container, streetcar, boxcar, refrigerator car, motorbus body or similar vehicle
body for the purpose of use or occupancy, shall first make application to the Building
Official and obtain the required permit. The application shall demonstrate the
proposed use, occupancy, structure, construction, and alteration will conform to the
provisions of this title.
D. Amend Section 105.2, Building Exception 6 to read as follows:
6. Sidewalks, driveways, decks, paving,. or flatwork not more than 30 inches (762
mm) above adjacent grade, not exceeding 200 square feet, not over any basement
or story below, and not part of an accessible route.
E. Amend Section 109.2 to read as follows:
109.2 Schedule of permit fees. Permit fees shall be as prescribed in the City's
Master Fee Schedule.
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F. Amend Section 113 to read as follows:
SECTION 113
BOARD 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 the technical provisions this code, there shall be and is hereby
created a board of appeals. The board of appeals shall be appointed by the City
Council and hold office at its pleasure. The Building Official shall be an ex officio
member and shall act as secretary to the board but shall have no vote upon any matter
before the board. The board shall adopt rules of procedure for conducting its
business.
The board of appeals shall also serve as the Local Appeals Board, Housing Appeals
Board, and Accessibility Appeals Board, as defined in Health and Safety Code §
17920.5, 17920.6 and 19957.5.
113.2 Limitations on authority. An' application for appeal shall be based on a
claim 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 board shall have no authority to
waive requirements of this code, nor shall the board have any authority relative to the
administration of this code.
113.3 Qualifications. The board of appeals shall consist of five members who are
qualified by experience and training to pass on matters pertaining to the appeal and
are not employees of the City. Two members of the board of appeals shall be
physically handicapped, two members shall be persons experienced in construction,
and one member shall be a public member.
113.4 Appointment. Upon receipt by the Building Official, of a qualified
application for appeal, the Building Official shall within 60 days, recommend to the
City Council five persons who, based on their qualifications and experience, appear
to be suited to hear and decide the appeal. Upon finding those individuals indeed
appear to be qualified to hear and deciding the appeal, the City Council shall appoint
those persons and they shall be known as the Board of Appeals and shall have the
authority and be tasked with the duties thereof for the purposes of hearing and
deciding that specific appeal.
G. Amend Section 114.4 to read as follows:
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114.4 Violation Penalties. Any person who violates a provision of this code or fails
to comply with any of the requirements thereof or who erects, constructs, alters,
extends, repairs, moves, removes, demolishes or occupies any building, structure, or
equipment in violation of the approved construction documents, a directive of the
Building Official, or of a permit or certificate issued under the provisions of this
Code, shall be subject to fines and penalties as established in Title 1 of the MBMC, in
addition to other penalties as prescribed by law.
Chapter 14.03
BUILDING CODE
14.03.010 Modifications of the California Building Code.
The California Building Code, adopted in Section 14.01.020, is hereby modified, amended, and
supplemented as follows:
A. Adopt appendices H, I and J. Delete appendices A, B, C, D, E, F, G, K, L, M, N and O.
B. Amend section 1808.1 (Foundations) and adopt section 1808.1.1 which shall have the
same force and effect as if printed here in its entirety and is hereby modified, amended,
and supplemented as follows:
1808.1.1 Foundation setback verification. Prior to the placement of concrete and upon
completed form installation, a licensed surveyor is required to measure and record the
distance from the proposed foundation walls to the established lot lines. The contractor
shall submit these findings in letter format to the building inspector upon the request for a
foundation inspection. Letter shall specify the findings of front, sides and rear yard
setbacks as defined in Title 17 of the MBMC.
C. Amend section 2304.8.2 (Structural Roof Sheathing) and adopt section 2304.8.2.1 which
shall have the same force and effect as if printed here in its entirety and is hereby
modified, amended, and supplemented as follows:
2304.8.2.1 Building height verification. Prior to roof sheathing or shear wall inspection,
a licensed surveyor is required to measure and record the height of the structure. The
contractor shall submit this finding in letter format to the building inspector upon the
request for roof sheathing/shear wall inspection. Letter shall specify the recorded height
of structure as defined in Title 17 of the MBMC.
D. Amend Appendix J section J103.2 (Permits Required) and adopt section J103.2.1 which
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Page 7 of 27
shall have the same force and effect as if printed, here in its entirety and is hereby
modified, amended, and supplemented as follows:
8. An excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit. This shall not
exempt any fill made with the material from such excavation or exempt any excavation
having an unsupported height greater than 5 feet (1524 mm) after the completion of such
structure.
9. An excavation that (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut
slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1 1/2 units
horizontal (66.7% slope).
10: A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope
flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm)
in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3
m3) on any one lot and does not obstruct a drainage course.
Chapter 14.04
RESIDENTIAL CODE
14.04.010 Modifications of the California Residential Code.
The California Residential Code, adopted in Section 14.01.020, is hereby modified, amended,
and supplemented as follows:
A. Delete Division II of Chapter 1. Administration and Enforcement of the Residential
Code shall be as set forth in the California Bung Code, as modified, amended and
supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City's
Master Fee Schedule,
B. Adopt Appendices H, S, T and X. Delete Appendices A, B, C, D, E, F, G, I, J, K, L, M,
N,OPandQ,R,V,andW.
C. Amend Section R3131 and R313.2 to read as follows:
R313.1 Townhouse and One. and Two-family dwellings automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be installed in all new townhouses and one
and two family dwellings, and in all existing townhouses and one and two family dwellings
where alteration results in an increase in floor area in excess of 50 percent, or 1000 square feet.
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This section shall be applicable to mobile homes and factory -built housing not located in a
mobile home or special occupancy park.
R313.2 Determination of Floor Area. For the purposes of this section, floor area shall be
defined as the area within the exterior walls of the building under consideration. The floor area
of a building, or portion thereof, not provided with surrounding walls, shall include the usable
area under the horizontal projection of the roof or floor above.
For the purposes of this section, bungs shall be considered separate when:
1. The fire separation distance as defined in CBC Sec. 702.1 is not less than that
permitted in CBC Table 705.8 where unprotected openings are allowed in an exterior
wall of a non-sprinklered building, or
2. The buildings are structurally independent, the adjoining walls are constructed of fire-
resistant construction as prescribed in CBC Table 602 without openings or
penetrations, projections comply with CBC Section 705.2, and parapets are
constructed where required by CBC Section 705.110
D. Add Section R313.3.3.5 to read as follows:
R313.3.3.5 Waterflow Alarm. A local waterflow alarm and remote inspector's test valve,
installed in accordance with NFPA 13, shall be installed on all sprinkler systems.
E. Amend Section R105.2 (Work exempt from permit), No. 3, to read as follows:
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge or a sloping backfill. Retaining walls
supporting a surcharge or a sloping backfill exceeding 20%, require calculations and plans
signed by a registered civil or structural engineer.
Chapter 14.05
ELECTRICAL CODE
14.05.010 Modifications of the California Electrical Code.
The California Electrical Code, adopted in Section 14.01.020, is hereby modified, amended, and/
or supplemented as follows:
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Page 9 of 27
A. Delete annexes A. B, C, D, E, F, G, H, I. and J. Administration and Enforcement of the
Electrical Code shall be as set forth in the California Building Code as modified,
amended and supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in
the City's Master Fee Schedule,
B. Amend Article 230-70(A)(1) to read as follows:
230-70(A)(1) Readily Accessible Location. A service disconnecting means shall be
installed at a readily accessible location either outside the building or structure, or inside
nearest the point of entrance of the service conductors.
The disconnecting means shall be accessible to emergency personnel, either directly or by a
remote actuating device, without requiring travel through the building interior.
Chapter 14.06
MECHANICAL CODE
14.06.010 Modifications of the California Mechanical Code.
The California Mechanical Code, adopted in Section 14.01.020, is hereby modified, amended,
and/ or supplemented as follows:
A. Delete Division II of Chapter 1. Administration and Enforcement of the Mechanical
Code shall be as set forth in the California Building Code as modified, amended and
supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City's
Master Fee Schedule.
B. Adopt appendices A, B, C, D, E, F and G.
Chapter 14.07
PLUMBING CODE
Sections:
14.07.010 Modifications of the California Plumbing Code
14.07.020 Retrofitting with water -saving devices required.
14.07.030 Required sewer backwater valve.
Ordinance No. 625
Page 10 of 27
14.07.010 Modifications of the California Plumbing Code.
The California Plumbing Code, adopted in Section 14.01.020, is hereby modified, amended, and
supplemented as follows:
A. Delete Division II of Chapter l . Administration and Enforcement of the Plumbing Code
shall be as set forth in the California Building Code as modified, amended and
supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City's
Master Fee Schedule.
B. Adopt Appendix K . Delete appendices A, B, C, D, E, F, G, H, I, J, and L.
C. Amend Section 709.5 to read as follows.
709.5 A Backwater Valve, extended to and accessible from grade for maintenance, shall
be installed on every Building Sewer.
Exception: In new construction, plumbing fixtures installed on a floor level that is above
the next upstream manhole cover elevation shall not discharge through the required
backwater valve.
D. Amend Section 713.0 to read as follows:
713.0 Sewer Required.
713.1 Every building in which plumbing fixtures are installed and every premises having
drainage piping thereon shall have a connection directly to a public or private sewer.
713.2 Private Sewage Disposal Systems shall not be permitted.
14.07.020 Retrofitting id. water -saving devices required.
A. Every property owner, prior to the sale or transfer of any real property upon which is located
any structure connected to the city's water supply shall retrofit the structure with the water-
saving devices required for new construction as set forth in this title. In cases where the Building
Official determines the use of such fixtures in existing structures would fail to meet the
requirements of the Plumbing Code, fixtures using the least amount of water which do meet the
requirements of the Plumbing Code shall be utilized.
B. In cases where a buyer intends to demolish all structures on such property within ninety
days from the date of transfer, the structure need not be retrofitted prior to transfer; provided a
covenant and a bond are filed with the city as follows:
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1. The property owner shall flle with the city clerk a notarized covenant agreeing to either
demolish all structures located on the property connected to the city water system, within ninety
days from the date of transfer or to perform the retrofit required in subsection A of this section,
together with a faithful performance bond, in a form satisfactory to the city in an amount equal to
one hundred and fifty percent of the full cost of retrofitting all such structures securing faithful
performance of the agreement.
2. The agreement shall also authorize and grant the city permission to enter onto the property
and to perform such retrofit in the event the property owner fails to do so. Further, the property
owner shall agree to reimburse the city for all cost incurred by the City in the event the bond is
insufficient.
C. Determination of compliance with the requirements of subsection A shall be made by the
Building Official after an inspection performed by the Building Official or a qualified
plumbing contractor under the supervision of the Building Official, who shall issue a
certificate indicating same to the seller or title company involved. Seller shall pay the fee set
forth in the Master Fee Schedule for such retrofit inspection at the time seller submits the
request for the retrofit inspection. No property transfer shall be recorded until such certificate
has been received by the seller and transferred with the title to the buyer. If noncompliance is
found, the property owner (both seller and buyer) and any title company involved in the
transfer shall be in violation of this code and subject to those penalties as prescribed in Title
1 of this code.
14.07.030 Required sewer backwater valve.
A. Any existing lateral sewer piping upon any premises which services fixtures whose
elevation is lower than the elevation of the first upstream sewer manhole rim, lamp hole, or
pump station receiving manhole, and for which the city has record of a previous sewage
backflow incident involving a clogged sewer main shall be protected from backflow of sewage
by installing backwater valves of a type approved by the Building Official. The property owner
shall be required to provide and install such device.
B. If the property owner fails to install and maintain a backwater valve in good working
condition when required under this section, then the Building Official may declare said sewer
connection to be a nuisance and abate such nuisance pursuant to Section 8.12.010 et seq. of this
code by installing an approved -type backwater valve at the owner's expense. Said property
owner may, in addition, be subject to fines as outlined in subsection E of this section.
C. All house connection sewers, industrial sewers, private sewage disposal systems and
appurtenances thereto, now existing, or hereafter constructed, shall be maintained by the owner
of the property in a safe and sanitary condition and all devices or safeguards which are required
by this section for the operation thereof shall also be maintained in a good working order by the
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Page 12 of 27
owner. It shall be the property owner's responsibility to maintain that portion of the sewer to the
public main, including the connection to the public main.
D. The Public Works Director, the health officer, and other duly authorized employees of the
city and the health department bearing proper credentials and identification shall be permitted to
enter all properties for the purposes of inspection, observation, measurement, sampling, and
testing in accordance with the provisions of this section. The Public Works Director, the health
officer, or their representatives shall have no authority to inquire into any processes including
metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having
a direct bearing on the kind and source of discharge to the sewers or waterways of facilities for
waste treatment.
E. Violations and Penalties. Any person who is convicted of violation of any provisions of this
section is guilty of an infraction punishable as provided in Chapter 1.16 of this code.
Sections:
14.08.010.
14.08.020.
14.08.030.
14.08.040.
14.08.050.
14.08.060.
14.08.070.
14.08.080.
14.08.090.
14.08.010.
Chapter 14.08
FIRE CODE
Purpose.
Bureau of fire prevention.
Fire district established.
Penalties for turning in false alarms.
Fire injury report.
Storage of gasoline driven vehicles.
Citation powers.
Fire Hazard Severity Zones
Modifications of the California Fire Code
Purpose.
This chapter shall be known and may be cited as "The Fire Prevention Regulations of the City of
Morro Bay," Chapter 14.08 of Title 14 of the Morro Bay Municipal Code. This chapter
prescribes minimum regulations to reduce and minimize the potential for loss of and damage to
life and property resulting from fire, panic, hazardous materials, and explosions.
14.08.020. Bureau of fire prevention.
The California Fire Code shall be enforced by the fire department or building division of the
Community Development Department under the supervision of the Fire Chief.
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14.08.030. Fire district established.
The entire incorporated area of the city is declared to be and is established a fire district.
14.08.040. Penalties for turning in false alarms or for conviction of intentionally setting
a fire.
Individuals responsible for turning in false alarms shall be responsible for the cost the fire
department incurs while responding to the alarm. The cost of the false alarm shall be
determined in accordance with the master fee schedule. The intent of this section is not to
penalize those persons who make honest mistakes. Persons convicted of intentionally
setting a fire in violation of any law or ordinance within the city limits shall pay the cost
of fighting that respective fire.
14.08.050. Fire injury report.
Any physician, first aid station, ambulance company or persons who treat or aid any person
injured by a fire, explosion or chemical burn within the City shall, within twenty-four hours,
report such treatment and pertinent information to the fire department.
14.08.060. Storage of gasoline driven vehicles.
No one shall store, repair or use any motorcycle, moped or any other gasoline driven vehicle
inside of any dwelling. Storage and repair of gasoline driven vehicles are permitted in garage
areas adjacent to dwellings.
14.08.070. Citation powers.
The Morro Bay Fire Chief (Fire Chief), Fire Marshal and full-time safety members of the
Fire Department authority to issue citations as provided in Title 1 of this code. Arson
investigators who are full-time members of the Fire Department shall have the powers of
a peace officer in performing their duties under this Code, and shall have the powers of a
peace officer as provided in California Penal Code, Sections 830.37
14.08.080. Fire Hazard Severity Zones.
A. Purpose and Intent. The purpose of this chapter is to provide authority for the identification
of local fire hazard severity zones and provide authority for enforcement of state and local codes
in these zones. The intent of this chapter is to reduce the potential for fire losses by providing
minimum requirements for the protection of properties constructed in very high hazard severity
zones and other wildland/urban interface areas designated by the fire chief and supported by
substantial evidence.
B. Designation -Recommendation. The Fire Chief is hereby authorized to designate very high
fire hazard severity zones within one hundred twenty days of receiving recommendations from
the California Department of Forestry and Fire Protection,
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C. Designation -Not identified. The Fire Chief may designate areas not identified as very high
fire hazard Severity Zones by the California Department of Forestry and Fire Protection
following a finding supported by substantial evidence in the record that the requirements for very
high fire hazard severity zones are necessary for effective fire protection within the area(s).
D. Designation -Declined, The Fire Chief may decline to designate areas identified by the
California Department of Forestry and Fire Protection as Very high fire hazard severity zones
following a finding, supported by substantial evidence in the record, the requirements for very
high fire hazard severity zones are not necessary for effective fire protection with the area(s).
E. Supported by substantial evidence in the record. "Supported by substantial evidence in the
record" shall require the City Council to hold a public hearing and make findings there is
competent substantial evidence in the record to support the Fire Chief s designation as fire hazard
areas.
F. Enforcement. The Building Official shall enforce the provisions of Chapter 7A of the
California Building Code and Chapter 49 of the California Fire Code in all very high fire hazard
severity zones and other areas designated by the Fire Chief and supported by substantial
evidence in the record.
G. Permits. All submittals for subdivision, entitlement, or building permits shall demonstrate
that the proposed project allows for compliance with the provisions of Government Code Section
51182 and Public Resource Code Section 4291, except where otherwise allowed by law, to the
satisfaction of the Fire Chief and the Building Official.
14.08.090. Modifications of the California Fire Code.
The California Fire Code, adopted in Section 14.01.020, is hereby modified, amended, and/
or supplemented as follows:
A. Adopt Appendix Chapter 4 and appendices B, BB, C, CC, D, H, I, K, and N. Delete
appendices A, E, F, G and J.
B. Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Morro
Bay.
C. Section 103.1 is amended to read as follows:
Section 103.1 General. The Fire Department of the City of Morro Bay is hereby
established and the person in charge thereof shall be known as the Fire Chief. Where the
Code uses the term Fire Official, it shall mean the Fire Chief.
Ordinance No. 625
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D. Section 113.2 is amended to read as follows:
113.2 Schedule of permit fees. Fees shall be paid in accordance with the City's Master Fee
Schedule.
E. Section 302.1, "Definitionsis amended to add the following definon in correct
alphabetical order:
SKY LANTERN. An airborne lantern typically made of paper with a wood frame containing
a candle, fuel cell composed of waxy flammable material or other open flame which serves
as a heat source to heat the air inside the lantern to cause it to lift into the air. Sky candles,
fire balloons and airborne paper lanterns mean the same as sky lanterns.
F. Section 507.5.4 is amended to read as follows:
507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times.
The fire department shall not be deterred or hindered from gaining immediate access to fire
protection equipment or fire hydrants.
The Fire Chief shall have the authority to remove or cause to be removed, without notice, any
vehicle, vessel, or object that is in violation of this section. The owner of said item, so
removed, shall be responsible for all towing, storage, or other costs incurred therein.
G. Section 308.1.1.1 is added to read as follows:
308.1.1.1 Burning Prohibited. Open burning, bon fires, recreational fires, and all other
outdoor fires are prohibited.
Exception: Barbeques and portable outdoor fireplaces that conform with the following
provision are allowed.
1. Fires shall be conducted at a safe distance from and in accordance with the applicable
manufacturer's instructions to prevent the spread of fire to a minimum of 15-feet
from adjacent structures or other combustible materials.
2. Fire shall be contained in anon -combustible container, not to exceed 3 feet in
diameter and 2 feet in height.
3. Fuel loading shall not exceed 3 feet in diameter or 2 feet in height.
4. Fire shall be fueled by propane, natural gas, charcoal, dried wood, commercial fire
logs, or pellets. Fuels shall not include green waste, yard trimmings, pressure treated
wood, trash, plastic, or other noxious or hazardous materials.
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5. Ground fires, sub -surface or pit fires, and earth floored fire rings are prohibited.
6. If in the opinion of the Fire Chief or his or her designee, afire is potentially
hazardous or smoke is causing a nuisance, the fire shall be extinguished immediately.
H. Section 308.1.6.3 is amended to read as follows:
308.1.6.3 Sky Lanterns. The ignition and launching of sky lanterns is prohibited.
Exception: The ignon and launching of sky lanterns may be allowed, subject to the
approval of a permit by the Chief, where it has been determined that adequate safeguards will
be in place.
I. Section 511 is added to read as follows:
SECTION 511
FIRE SERVICE ELEVATOR
511.1 Elevator car to accommodate ambulance stretcher. Where elevators are provided,
aA least one elevator shall be provided for fire department emergency access to all floors.
The elevator car shall be of such a size and arrangement to accommodate an ambulance
stretcher 24 inches by 84 inches with not less than 5-inch radius corners, in the horizontal,
open position and shall be identified by the international symbol for emergency medical
services (star of life). The symbol shall not be less than 3 inches high and shall be placed
inside on both sides of the hoistway door frame.
Exception: Elevators located within one- and two-family dwellings and townhouses.
J. Section 901.4.7 is added to read as follows:
901.4.7 Partial Sprinkling of Buildings. Partial sprinkling of buildings shall not be
permitted, except where otherwise allowed by NFPA 5 and Section 903.3.1.1.E
K. Delete Sections 903.2 through 903.2.1.4 and 903.2.2 through 903.2.10.1.
L. Add Section 903.2 to read as follows:
903.2 Where Required. An approved automatic fire sprinkler system shall be installed
throughout:
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1. In all new buildings and structures with more than Zero (0) square feet regardless of
type or use.
2. In all new buildings and structures with more than Zero (0) square feet regardless of
type or use, on the west side of the Embarcadero road
3. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings adds more than
50% of the existing square footage to the structure AND/OR is in excess of 500
square feet;
b. Throughout existing structures where alterations encompass more than 50% of
the existing square footage of the structure AND/OR is in excess of 500 square
feet OR where there is a change of occupancy to a more hazardous use as
determined by the Building Official or Fire Chief,
C. When alterations and/or repairs result in the removal, alteration, modification,
replacement of 50% or more of the external walls of a building, or result in the
removal, modification, replacement and/or repair of 50% or more of the existing
internal structural and/or non-structural framework. The determination under this
section of the requirement for upgrading any existing structure shall be at the sole
discretion of the Fire Code Official.
Exceptions:
a. group R-3 and U occupancies
903.2.1 Where Required. An approved automatic fire sprinkler system shall be installed
throughout:
1. In all new R-3 and U occupancies private garages and carports accessory to:
a. Including all attached structures;
b. Including all structures within 10 feet.
2. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings adds more than
50% of the existing square footage to the structure AND/OR is in excess of 300
square feet;
b. Throughout existing structures where alterations encompass more than 50% of
the existing square footage of the structure AND/OR is in excess of 300 square
feet OR where there is a change of occupancy to a more hazardous use as
determined by the Building Official or Fire Chief;
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When alterations and/or repairs result in the removal, alteration, modification,
replacement of 50% or more of the external walls of a building, or result in the
removal, modification, replacement and/or repair of 50% or more of the existing
internal structural and/or non-structural framework. The determination under this
section of the requirement for upgrading any existing structure shall be at the sole
discretion of the Fire Code Official.
Exception:
Installation of an automatic fire sprinkler system shall not be required when, to the
satisfaction of the Fire Chief and the Building Official, it is demonstrated the proposed
construction, use, and occupancy are minor in scope and nature, the installation of an
automatic fire sprinkler system would be impractical, and the intent and purpose of this
section is otherwise met.
M. Amend Section 903.3.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require a
building or portion thereof be equipped throughout with an automatic sprinkler system in
accordance with this section, or where a building contains two or more occupancies or uses,
sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter
47 except as provided in Section 903.3.1.1.1.
M. Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, docks, fuel docks, wharves and similar boat mooring
facilities shall be equipped with fire protection equipment in accordance with Section 3604.1
through 3604.6 and as otherwise required by the Chief.
N. Section 5609 is added to read as follows:
SECTION 5609.1
SALE AND USE OF FIREWORKS
5609.1 Sale and Use of Fireworks Unlawful. The sale or use of fireworks, pyrotechnics,
and others explosives shall be unlawful
Exceptions:
l . The sale of fireworks, approved by the State Fire Marshal as "safe and sane," shall be
permitted, subject to the approval of a permit by the Fire Chief.
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2. The use of fireworks, approved by the State Fire Marshal as "safe and sane," shall be
permitted on private property only.
3. Public fireworks displays may be allowed, subject to the approval of a permit by the
Fire Chief.
4. Pyrotechnics for use in movie industry operations may be allowed, subject to the
approval of a permit by the Fire Chief.
5. This section shall not apply to the sale and use of State Fire Marshal approved and
listed party poppers and snap caps.
6. Any person violating.this provision will be guilty of a misdemeanor and subject to a
$1,000 fine for each offense.
7. Notwithstanding any other provision of this code, any Morro Bay Police Officer may
issue an administrative citation for a first offense without first issuing a warning, and
the administrative fine shall be $1,000 for each offense:
Chapter 14.09
EXISTING BUILDING CODE
14.09.010 Modifications of the California Existing Building Code
The California Existing Building Code, adopted in Section 14.01.020, is hereby modified,
amended, and supplemented as follows and shall be the technical strengthening provisions for
buildings subject to Chapter 14.18 of this title:
Amend Section 505.3 Replacement window emergency escape and rescue openings. to read as
follows:
Where windows are required to provide emergency escape and rescue openings, replacement
windows shall comply with the maximum sill height requirements of section R310.2.2 and the
minimum opening area requirements of sections R310.2.1.
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Chapter 14.10
RESERVED
Chapter 14.11
HOUSING CODE
14.11.010 Modifications of the International Property Maintenance Code.
The 2018 International Property Maintenance Code, adopted in Section 14.01.020, shall have the
full force and effect as if printed here in its entirety and is hereby modified, amended, and/ or
supplemented as follows:
A. Amend Section 101 to read as follows:
SECTION 101.2.1-SCOPE
101.2.1 Where any building or portion thereof is used or intended to be used as a combination
apartment house- hotel, the provisions of this code shall apply to the separate portions as if they
were separate buildings.
101.2.2 Rooming houses, congregate residences or lodging houses shall comply with all
requirements of this code for structures..
Chapter 14.12
DANGEROUS BUILDINGS CODE
14.12.010 Modifications of the Uniform Code for the Abatement of Dangerous Buildings.
The 1997 Uniform Code for the Abatement of Dangerous Buildings, adopted in Section
14.01.020, shall have the full force and effect as if printed here in its entirety and is hereby
modified, amended, and/ or supplemented as follows.
A. Amend Section 103 to read as follows:
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SECTION 103- ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under the provisions of this code
shall be subject to the provisions of Chapter 34 of the Building Code.
B. Amend the following definitions, located in Section 301, to read as follows:
BUILDING CODE is the California Building Code, as adopted and amended by this title.
HOUSING CODE is the 1997 Uniform Housing Code, as adopted and amended by this title.
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Chapter 14.44
FRONTAGEIMPROVEMENTS
Sections:
14.44.010 Purpose.
14.44.020 Improvements Required.
14.44.030 Limitations.
14.44.040 Exceptions.
14.44.050 Permit issuance.
14944.060 Appeals.
14.44.010 Purpose.
The purposes of the requirements of this chapter are to improve the public health, safety,
welfare and convenience by installation of frontage improvements at locations within the city
with high public pedestrian usage, or where necessary for passage of stormwater runoff and
drainage.
14.44.020 -Improvements required.
Property owners and/or applicants for development permits shall at their own expense
design, construct and install frontage improvements consisting of curb, gutters, thru-curb drains,
sidewalks, street and street trees along the entire frontage of the subject property and/or shall
correct existing deficiencies in them pursuant to the following provisions:
A. Such improvements shall be constructed by owner/applicant on all properties within
commercial, industrial, or multiple -family residential (R-3 and R-4 zoning) districts within the
city.
B. Sidewalk improvements shall not be required for properties within the single-family
(R-1 and R-2 zoning) district on which a single-family home is being constructed or altered.
EXCEPTION: The installation of frontage improvements shall be required where the street(s)
adjoining the property is being developed or redeveloped or has been designated as a pedestrian
route, an arterial street, or collector street by the city council.
C. Subject to the limitations of Section 14.44.030, such frontage improvements shall be
constructed by owner/applicant as a requirement of city approval of permits for any of the
following types of development on the properties designated in subsections A and B of this
section:
1. Change in the density or intensity of use of land including, but not limited to,
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subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the
Government Code), and any other division of land, including lot splits, except where the land
division is brought about in connection with the purchase of such land by a public agency for
public recreational use, or
2. Construction, reconstruction, demolition or alteration of the size of any structure,
including any facility of any private, public, or municipal utility, or
3. Change in the occupancy or use of a building from residential purposes to
commercial purposes.
D. Frontage improvements required to be installed pursuant to this chapter shall be
constructed in accordance with the city's standard specifications as determined by the City
Engineer.
E. Frontage improvements required to be installed pursuant to this chapter shall also
include, but not be limited to, providing trees and tree wells adjacent to the curb of a size and
spacing as designated in the city's standard improvement specifications and drawings or as
approved by the City Engineer.
14.44.030 -Limitations.
A. Frontage improvements shall be required in relationship to the value of on -site
improvements as set forth in paragraphs 1 and 2 of this section. The value of on -site
improvements shall be as determined by the city engineer on the approved building permit.
1. Whenever the value of the proposed on -site improvements is greater than fifty
percent of the value of the existing structure as determined by the city engineer,
such frontage improvements shall be required.
2. Whenever the cumulative value of the proposed on -site improvements including the
current proposal, and all other approvals during the preceding five-year period
exceeds fifty percent of the value of the existing structure as determined by the city
engineer, frontage improvements shall be required.
B. For remodels, additions and accessory structures, ,the value of the _following
improvements shall not be counted when estimating the total valuation of project
improvements; landscaping, fences, retaining walls, reroofs, painting, interior
decorations and fixtures, signs and their supports, normal maintenance and repairs,
resurfacing of improved parking areas and structural modifications associated with
strengthening of unreinforced masonry buildings pursuant to Ordinance No. 366.
C. Where the property is being subdivided, frontage improvements shall be required, to be
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installed by the subdivider, in accordance with Title 16 of this code.
14.44.040 - Exceptions.
The requirement for construction of new frontage improvements may be waived, deferred or
modified by the director of public works in cases where they determine that existing nonstandard
Frontage improvements do not create potential safety hazards for pedestrians or motorists, cause
a liability for the city, result in drainage problems, or compromise handicapped accessibility
requirements. In granting such waivers, the director of public works may require any degree of
corrective work to existing frontage improvements they deem necessary.
14.44.050 -Permit issuance.
No building permit or development approval shall be issued for any projects determined to
require frontage improvements under the provisions of this section, until plans for the required
improvements have been submitted to and approved by the director of public works. No final
occupancy approval shall be granted by the building official until all required improvements
have been installed to the satisfaction of the director of public works.
14.44.060 -Appeals.
Any person aggrieved by the requirements of this section shall have the right to appeal to the
planning commission. If an appeal is made, it must be filed with the community development
department not later than ten calendar days after the applicant is formally notified of the required
improvements. The appeal shall state the reason why the requirements are inconsistent with the
provisions of the ordinance codified in this chapter and should not be applied. The planning
commission may grant the appeal and waive all or part of the requirements when, based on a
report by the director of public works, it is determined the following conditions exist:
A. That the waiver of improvements shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and district in
which the subject property is situated;
B. That because of special circumstances applicable to the subject property, including
size, shape, topography, location or surroundings, the strict application of this section is
found to deprive subject property of privileges enjoyed by other properties in the
vicinity and under identical zone classification;
1. That the waiver is found inconsistent with the intent of the general plan;
D. That such improvements already exist in good condition and conform to city standard
specifications on the entire property frontage;
E. The property involved is part of an area within which construction of such
improvements has been budgeted by the city, or is within an approved assessment
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district;
F. That waiver of the required improvements will not create potential safety hazards for
pedestrians or motorists, cause a liability for the city, result in drainage problems, or
compromise handicapped accessibility requirements.
Any person aggrieved by the decision %J the planning commission shall have the right of
further appeal to the city council on the same basis as the appeal to the planning commission.
SECTION 3. This Ordinance shall take effect January 1, 2020. The City Clerk, or her
duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this
Ordinance to be published and posted in the manner required by law.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any 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 adopted this Ordinance and
each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be
declared invalid or unconstitutional.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 22°a
day of October 2019 by motion of Councilmember Davis and seconded by Councilmember
McPherson.
PASSED AND ADOPTED on the 12th day of 1�Qvember 2019.
JOHN
ATTEST:
EN ..
APPROVED AS TO FORM:
CHRIS F.
Ordinance No. G25
Page 26 of 27
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO
HEREBY CERTIFY that the foregoing Ordinance Number 625 was duly adopted by the City
Council of the City of Morro Bay at a regular meeting of said Council on the 12th day of
November, 2019, and that it was so adopted by the following vote:
AYES: Headding, Addis, Davis, Heller, McPherson
NOES: None
ABSENT: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of
the City of Morro Bay, California, this (q.+"day of No , gp LQ
A SWANSON, City Clerk
Ordinance No. 625
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