TITLE 15:  BUILDINGS AND CONSTRUCTION
   Chapter
      15.04.   CONSTRUCTION CODES
      15.08.   REPORTS OF RESIDENTIAL BUILDING RECORDS
      15.12.   NUMBERING OF BUILDINGS
      15.16.   CAMP CARS AND TRAILERS
CHAPTER 15.04:  CONSTRUCTION CODES
Section
   15.04.010   Adoption of construction codes
   15.04.015   Definitions
   15.04.020   Exterior fire resistive construction, automatic fire sprinkler systems, fire extinguishers, smoke alarms
   15.04.025   Plan check fees
   15.04.030   Roof coverings
   15.04.035   Barriers for swimming pools, spas, and hot tubs
   15.04.040   Septic systems
   15.04.045   Correcting past violations
   15.04.050   Fee adjustments
   15.04.055   Alternative power supplies
   15.04.060   Applicability of Appendix A of the 2018 International  Wildland-Urban Interface Code
§ 15.04.010  ADOPTION OF CONSTRUCTION CODES.
   The following parts of Title 24, California Code of Regulations are adopted by reference as construction codes for the Town of Fairfax, subject to the modifications included later in this Chapter 15.04:
   (A)   2019 edition of the California Administrative Code (Title 24 Part 1).
   (B)   2019 edition of the California Building Code (Title 24 Part 2) based upon the 2018 International Building Code (IBC), including:
      (1)   Division II of Chapter 1, but not Section 113;
      (2)   Appendix Chapter A, Employee Qualifications;
      (3)   Appendix Chapter G, Flood-Resistant Construction;
      (4)   Appendix Chapter H, Signs;
      (5)   Appendix Chapter I, Patio Covers; and
      (6)   Appendix Chapter J, Grading.
   (C)   2019 edition of the California Residential Code (Title 24 Part 2.5) based on the 2018 International Residential Code (IRC) including:
      (1)   Division II of Chapter 1, but not Section 112;
      (2)   Appendix Chapter V Swimming PoolsSafety Act;
      (3)   Appendix Chapter H Patio Covers; and
      (4)   Appendix Chapter J Existing Buildings and Structures.
   (D)   2019 edition of the California Electrical Code (Title 24 Part 3) based upon the 2017 National Electrical Code (NEC), including:
      (1)   Article 89, but not Section 89.108.8.
   (E)   2019 edition of the California Mechanical Code (Title 24 Part 4) based upon the 2018 Uniform Mechanical Code (UMC), including:
      (1)   Division II of Chapter 1, but not Section 107.0, 107.1, 107.2.
   (F)   2019 edition of the California Plumbing Code (Title 24 Part 5) based upon the 2018 Uniform Plumbing Code (UPC), including:
      (1)   Division II of Chapter 1, but not Section 107.0 or 107.1, 107.2.
   (G)   2019 edition of the California Energy Code (Title 24 Part 6).
   (H)   2019 edition of the California Historical Building Code (Title 24 Part 8).
   (I)   2019 edition of the California Existing Building Code (Title 24 Part 10) based upon the 2018 International Existing Building Code (IEBC) including:
      (1)   Appendix Chapter A1 Seismic Strengthening Provisions For Unreinforced Masonry Bearing Wall Buildings.
      (2)   Appendix Chapter A3 Prescriptive Provisions For Seismic Strengthening Of Cripple Walls And Sill Plate Anchorage Of Light, Wood-Frame Residential Buildings.
      (3)   Appendix Chapter A4 Earthquake Risk Reduction In Wood-Frame Residential Buildings With Soft, Weak Or Open Front Walls.
   (J)   2019 edition of the California Green Building Standards Code (CALGreen) (Title 24 Part 11), including:
      (1)   Appendix A4 Residential Voluntary Measures and Appendix A5 Nonresidential Voluntary Measures, Tier 1 measures, but excluding Appendix A4.2 and A5.2 (Energy Efficiency).  The Tier 1 measures shall be mandatory for commercial and residential construction, and verification of such compliance shall be provided by the installer or designer.
   (K)   2019 edition of the California Referenced Standards Code (Title 24 Part 12).
   (L)   2018 edition of the International Property Maintenance Code, to the extent the same is not inconsistent with the California Buildings Standards Code (California Code of Regulations, Title 12, Parts 1-Part 12), as adopted and amended herein.
   (M)   A copy of each of these documents is maintained in the office of the Building Official, and reference is made to them with like effect as if all the provisions and printed matter therein were herein set forth in full.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.015  DEFINITIONS.
   Section 202 of the California Building Code and Section R202 of the California Residential Code are both hereby amended to add the definition of "Substantial Remodel" and "Second Unit" as follows:
   Substantial Remodel shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure within any twelve-month period.  When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purposes of applying this definition.  This definition does not apply to the replacement and upgrading of residential roof coverings, repair or replacement of foundations, the installation of energy efficient windows of like size, or the removal of interior wall coverings solely for the installation of insulation.
   Second Unit shall mean a completely separate housekeeping unit with kitchen, sleeping and bathroom facilities which is a part of, an extension to, or a separate structure on a site developed with a single-family residence, in excess of the maximum density designated by the zoning district in which the property is situated or as prescribed thereby.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.020  EXTERIOR FIRE RESISTIVE CONSTRUCTION, AUTOMATIC FIRE SPRINKLER SYSTEMS, FIRE EXTINGUISHERS, SMOKE ALARMS.
   Section 701A.1 of Chapter 7A of the 2019 California Building Code (Title 24, Part 2, Volume 1), and Section R337.1.1 of the 2019 California Residential Code (Title 24, Part 2.5), California Code of Regulations are hereby amended to read as follows:
   701A.1 / R337.1.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, additions, repairs, and exterior alterations located within a Wildland Urban Interface Fire Area as defined in section 702A and R337.2.
   Section 701A.3 of Chapter 7A of the 2019 California Building Code (Title 24, Part 2, Volume 1), and Section R337.1.3 of the 2019 California Residential Code (Title 24, Part 2.5), California Code of Regulations are hereby amended to read as follows:
   701A.3 / R337.1.3 Application. New buildings, additions, repairs, and exterior alterations to buildings located in any Fire Hazard Severity Zone or any Wildland Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.
   Exceptions:
   1.   Buildings of an accessory character and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.
   2.   Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building.
      Buildings classified as a Group U Agricultural Building, as defined in Section 202 and R202 of this code (see also Appendix C - Group U Agricultural Buildings), when located at least 50 feet from an applicable building.
   Section 707A.3.3 is hereby added to Chapter 7A of the 2019 California Building Code (Title 24, Part 2, Volume 1), which shall read as follows:
   707A.3.3.  When more than fifty percent (50%) of exterior wall coverings of an existing structure are  repaired or replaced within a thirty-six (36) month period, the entire exterior wall coverings shall comply with Section 707A.3.
   Section R337.7.3.2 is hereby added to the 2019 California Residential Code (Title 24, Part 2.5), which shall read as follows:
   R337.7.3.2.  When more than fifty percent (50%) of exterior wall coverings of an existing structure are repaired or replaced within a thirty-six (36) month period, the entire exterior wall coverings shall comply with Section 707A.3.
   Section 903.2 of the California Building Code is hereby amended to read as follows:
   903.2 Where Required.  All Occupancies and Facilities. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12.  Additionally, an automatic fire sprinkler system shall be installed in all of the following:
   1.   Every newly constructed building and facility.
      Exceptions:
      a.   Free standing Group U Occupancies not more than 1,000 square feet and provided with exterior wall and opening protection as per Table 602 of the Building Code.
      b.   Agricultural buildings as defined in Appendix C of the Building Code and not exceeding 2,000 square feet, having clear unobstructed side yard of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height.
   2.   In newly created second units.
      Exceptions:
      a.   Parcels that are not within the Wildland Urban Interface, as established by the Town.
      b.   Parcels for which there is less than a thirty percent (30%) grade change between the subject parcel and Sir Francis Drake Boulevard as illustrated in the "Map of Parcels Qualifying for Exceptions to Sprinkler System Requirements for Newly Created Second Units" or as hereafter designated by resolution of the Town of Fairfax.
      c.   Junior second units.
      d.   For an accessory dwelling unit, as defined by Government Code Section 65852.2(i)(4), if fire sprinklers are not required for the primary residence.  This exception is intended to comply with Government Code Section 65852.2(c).
   3.   In all buildings which have more than fifty percent (50%) floor area added or any "substantial remodel" as defined in this code, within any 12 month period.  Exceptions may be granted by the Fire Code Official when alternate means of protection are installed as approved by the Fire Code Official.
   4.   In all buildings except R-3 occupancies, in excess of 3,000 sq. ft. which have more than ten percent (10%) floor area added within any 12 month period.  Exceptions may be granted by the Fire Chief when alternate means of protection are installed as approved by the Fire Code Official.
   5.   A change in the use of a structure that results in a higher fire or life safety exposure when the square footage of the area changing use is more than fifty percent (50%) of the square footage of the building.
   Sections R313.1 and R313.2 of the California Residential Code are hereby amended to read as follows:
   An automatic fire sprinkler system shall be installed in all of the following:
   1.   Every newly constructed building and facility.
      Exceptions:
      a.   Free standing Group U Occupancies not more than 1,000 square feet and provided with exterior wall and opening protection as per Table 602 of the Building Code.
      b.   Agricultural buildings as defined in Appendix C of the Building Code and not exceeding 2,000 square feet, having clear unobstructed side yard of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height.
   2.   In newly created second units.
      Exceptions:
      a.   Parcels that are not within the Wildland Urban Interface, as established by the Town.
      b.   Parcels for which there is less than a thirty percent (30%) grade change between the subject parcel and Sir Francis Drake Boulevard as shown on the "Map of Parcels Qualifying for Exceptions to Sprinkler System Requirements for Newly Created Second Units" or as hereafter designated by resolution of the Town of Fairfax.
      c.   Junior second units.
      d.   For an accessory dwelling unit, as defined by Government Code Section 65852.2(i)(4), if fire sprinklers are not required for the primary residence.  This exception is intended to comply with Government Code Section 65852.2(c).
   3.   In all buildings which have more than fifty percent (50%) floor area added or any "substantial remodel" as defined in this code, within any 12 month period.  Exceptions may be granted by the Fire Code Official when alternate means of protection are installed as approved by the Fire Code Official.
   4.   In all buildings except R-3 occupancies, in excess of 3,000 sq. ft. which have more than ten percent (10%) floor area added within any 12 month period.  Exceptions may be granted by the Fire Chief when alternate means of protection are installed as approved by the Fire Code Official.
   5.   A change in the use of a structure that results in a higher fire or life safety exposure when the square footage of the area changing use is more than fifty percent (50%) of the square footage of the building.
   Section 903.3 of the California Building Code and Sections R313.1.1 and R313.2.1 of the California Residential Code are both hereby amended by adding the following language:
   The requirements for fire sprinklers in this code section are not meant to disallow the provisions for area increase, height increase, or Fire-Resistive substitution if otherwise allowed by sections 504 and 506 of the California Building Code.  All automatic fire sprinkler systems shall be installed in accordance with the written standards of the Fire Code Official and the following:
   a.   In all residential buildings required to be sprinkled any attached garages shall be sprinkled, and except for one and two family dwellings, in all residential occupancies the attics shall be sprinkled.
   b.   In all existing buildings, where fire sprinklers are required by provisions of this code, they shall be extended into all unprotected areas of the building.
   c.   All single family dwellings in excess of 5,000 square feet shall have automatic fire sprinkler systems designed in accordance with National Fire Protection Association (NFPA) Standard 13 or 13R and standards developed by the Fire Chief.
   d.   All public storage facilities shall have installed an approved automatic fire sprinkler system. An approved wire mesh or other approved physical barrier shall be installed 18 inches below the sprinkler head deflector to prevent storage from being placed to within eighteen (18) inches from the bottom of the deflector measured at a horizontal plane.
   Section 906.11 is hereby added to the California Building Code as follows:
   906.11 Fire Extinguisher Documentation.  The owner and/or operator of every Group R Division 1 and R Division 2 occupancies shall annually provide the Fire Chief written documentation that fire extinguishers are installed and have been serviced as required by Title 19 California Code of Regulations when such extinguishers are installed in residential units in lieu of common areas.
   Section 907.2 of the California Building Code is amended to add the following paragraphs:
   New Construction:  Every new building constructed for non-residential occupancies greater than 2000 square feet shall have installed therein an approved fire detection (products of combustion) system in accordance with the standards established by the NFPA.  The type of system installed shall be determined by the Fire Chief.
   Existing Construction:  Every existing building remodeled for non-residential occupancies greater than 2000 square feet shall have installed therein an approved fire detection (products of combustion) system in accordance with the standards established by the NFPA.  The type of system installed shall be determined by the Fire Chief.
   Section 907.2.11 is hereby amended by changing the first sentence of the exception to read as follows:
   EXCEPTION: For group R occupancies other than single family dwellings.
   Section 907.8.5.1 is hereby added as follows:
   Section 907.8.5.1 Smoke Alarm Documentation.  The owner and/or operator of every Group R Division 1, Division 2, Division 3.1, and Division 4 Occupancies shall annually provide the Fire Code Official with written documentation that the smoke alarms installed pursuant to the Building Code have been tested and are operational.  If alarms are found to be inoperable or are missing, such alarms shall be repaired or replaced immediately.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.025  PLAN CHECK FEES.
   Section 109.2 of the California Building Code ("CBC") is hereby amended to add the following:
   When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be sixty-five percent (65%) of the building permit fee.
   When private contractors are retained to conduct project plan checks, the plan check fee charged by the Town shall be the total cost of the private plan check plus an additional twenty percent (20%) of that cost to defer administrative services provided by the Town.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.030  ROOF COVERINGS.
   Section 1505.1 of the California Building Code and Section R902.1 of the California Residential Code are both amended to add the following language:
   Notwithstanding anything to the contrary, the roof covering on any structure regulated by this code shall be a Class A Roof Covering Assembly as classified by Section 1505.2. When more than fifty percent (50%) of the total roof area of an existing structure is replaced within a twelve (12) month period, the entire roof must be replaced with a Class A Roof Covering Assembly.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.035  BARRIERS FOR SWIMMING POOLS, SPAS, AND HOT TUBS.
   The Town Council finds and determines that the maintenance of swimming pools without protective measures constitutes a hazard to the safety of children and other inhabitants of the town and therefore the regulations contained in Section 3109 of the 2015 International Building Code (to the extent the same are not inconsistent with the California Building Code) and Appendix V of the California Residential Code are hereby adopted and shall apply to existing as well as remodeled and new swimming pools.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.040  SEPTIC SYSTEMS.
   California Plumbing Code Section 713.1 is amended to read as follows:
   Every building in which plumbing fixtures are installed and every premises having drainage piping thereon, shall have a connection to a public sewer, except as provided in Sections 713.2, 713.4. of the 2019 California Plumbing Code. Exception: A permit may be issued for the repair, replacement, or alteration of a previously constructed septic tank or sewage disposal system other than a septic system where no public sewer is available upon approval by the Town Council, the Planning Commission, the Marin County Health Department, Sanitary District Number 1 of Marin County, and the Bay Area Water Quality Control Board.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.045  CORRECTING PAST VIOLATIONS.
   (A)   Before a new permit can be issued for any parcel, all expired permits for a parcel must be reinstated, all work done without a permit on a parcel must be permitted, and all mandatory correction items noted on the Resale Inspection Reports for that parcel must be permitted or corrected.
   (B)   To California Building Code Section 109.7 and California Residential Code Section R108.7 is added:
   Expired permits which are lacking only a final inspection may be reinstated for a fee of $50 or the cost of the permit, whichever is less.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.050  FEE ADJUSTMENTS.
   The Town Council may, by resolution, revise the fees established by this Chapter 15.04.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.055  ALTERNATIVE POWER SUPPLIES.
   Section 1510.7.3 of the California Building Code and Section R324.7.2.1 of the California Residential Code are added to read as follows:
   Alternative Power Supplies.  Roof-mounted photovoltaic panels/modules and other alternative electrical power supply sources shall comply with the requirements of the California Building Code as amended, the California Residential Code as amended, the California Electrical Code, and the California Fire Code as amended.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)
§ 15.04.060  APPLICABILITY OF APPENDIX A OF THE 2018 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE.
   Section 701 of the California Building Code is hereby amended by adding the following sentence:
   Buildings constructed in designated Wildland Urban Interface areas shall also comply with Appendix A of the 2018 Wildland Urban Interface Code as adopted and amended by this Town of Fairfax in Chapters 8.04 and 8.06 of the Town Code.
(Ord. 773, passed 12-4-2013; Am. Ord. 803, passed 12-7-2016; Am. Ord. 841, passed 12-4-2019)