Skip to main content
Loading…
This section is included in your selections.

Based upon the findings of the City Council regarding local climatic, topographical, and geological conditions, the following sections and/or subsections of the 2022 California Building Code are amended to read as follows:

Chapter 1, Section 105.5, Building Permit Expiration, is amended to read as follows:

1. Except in those construction projects where the Chief Building Official, due to the nature of the project, deems these limitations to be unreasonable, every permit issued by the Chief Building Official, under the provisions of this chapter, shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days following the issuance date of such permit.

2. Following expiration of a permit under subsection A.1., and before work can commence, the original permit may be extended for one 180-day period provided:

a. No changes have been made or will be made, in the original plans and specifications for such work; and

b. That such delay has not exceeded one year from the date of original issuance of the permit.

3. Following the expiration of a permit under subsection A.1., and where the criteria provided under Section 2 is not met, the Chief Building Official has the discretion to determine if the permit may be reactivated and apply new requirements and conditions as necessary, including payment of a reactivation fee equal to the original permit fee. The original permit fee is considered the cumulative amounts assessed on the building permit for building, electrical, mechanical, plumbing, energy conservation, grading, green building and accessibility compliance.

4. Building Permit Construction Time Limits.

a. The maximum time for completion of approved alterations, additions, modifications, repairs, or new construction, following issuance of the building permit, and commencement of any demolition or construction work, shall not exceed the following:

Project Valuation

Total Time Allowed

Up to and including $100,000

12 Months

$101,000 to $1,000,000

18 Months

Over $1,000,000

24 Months or as established by Planning Commission or City Council Conditions of Approval

b. Request for Extension of Construction Time Limit. An applicant may request an extension of the construction time limit either (1) as part of the application for building permit, or (2) at any time prior to the expiration of the prescribed time limit. The application for an extension shall be accompanied by a written explanation of the reasons for the requested extension, the duration of the requested extension and the payment of a fee equal to one half of the original building permit fee.

c. Grant or Denial of Requested Extension. An extension may be granted if it is determined that any one or more of the following factors not caused by the Permittee present an unusual and unanticipated obstacle to complying with the required construction time limit:

1. Site topography;

2. Site access;

3. Geologic issues;

4. Neighborhood considerations;

5. Other unusual factors.

The Community Development Director, or their designee, shall make the decision of whether to approve or deny the requested extension of the construction time limit. If determined necessary, the Director may request a meeting with the property owner, project contractor, project architect or designer, or any other representatives of the property owner, and shall render their determination within 15 days of the filing of the extension request. The Director may permit a one-time extension of no more than 12 months from the original expiration date as described under Section 4, or less if deemed necessary and appropriate based upon the progress of the construction and the factors listed above.

Alternatively, the Director may deny the requested extension and the building permit would expire per the time limits as described under 4(a). Upon expiration of building permit, an unfinished construction site may be declared a nuisance and subject to code enforcement action per Larkspur Municipal Code Chapter 9.24 (Code Enforcement).

The decision of the Community Development Director may be appealed in writing within ten (10) days of the decision. All appeals shall be processed in conformance with Larkspur Municipal Code Section 2.50.

d. Construction shall be deemed complete for purposes of this Section upon the satisfactory performance of all construction work, including but not limited to compliance with all Conditions of Approval, the clearing and cleaning of all construction related materials and debris from the site, and the final inspection and written approval of the applicable work by the Chief Building Official.

Chapter 1, Section 109.2, Schedule of Permit Fees, is amended to read as follows:

On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the fee schedule as established by City Council resolution.

Chapter 1, Section 109.6, Refunds, is amended to read as follows:

The Chief Building Official is authorized to establish a refund policy.

1. The Community Development Director, or their designee, may refund a building permit fee when no work has commenced under a permit issued in accordance with this Building Code.

2. When an application for building permit is withdrawn or canceled, the Community Development Director, or their designee, may refund a plan review fee, less any charges for staff time expended, based on the hourly rate as set forth by resolution of the City Council.

3. The Community Development Director, or their designee, may only authorize the refund of a fee when a written request for a refund is filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.

Chapter 1, Section 116, Unsafe Structures and Equipment, is amended by adding:

Section 116.6 Appeals: Appeals of the Chief Building Official’s determinations regarding unsafe structures or equipment, as defined in this Section 116 of the California Building Code, shall be made in accordance with the procedure set forth in Larkspur Municipal Code Section 2.50.

CHAPTER 2
Definitions

Section 202-[C] of Chapter 2 is hereby amended by adding the following general definition:

COVERINGS shall mean materials including, but not limited to gypsum board, paneling, floorboards, lathe and plaster, wood paneling, brick and mortar, or other materials attached to rough framing of the building elements. ‘Coverings’ do not include carpet, linoleum, tile, wallpaper, or other decorative finishes.

Section 202–[O] of Chapter 2 is hereby amended by adding the following general definition:

OCCUPANCY CLASSIFICATION is modified to include:

[BG] Factory Industrial F-1 Moderate-hazard occupancy is amended to add to the list of moderate-hazard factory industrial groups the following:

Agricultural crop production including cultivation, drying, processing and /or storage.

Section 202-[P] of Chapter 2 is hereby amended by adding the following general definitions:

PRE-PLANS shall mean detailed plans of target hazard buildings. These pre-plans include information on the building's location, occupancy, hazards, fire department connections and hydrants, building layout, and other pertinent data that would assist the fire department in case of an emergency.

PUBLIC STORAGE FACILITY shall mean any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration.

Section 202-[S] of Chapter 2 is hereby amended by adding the following general definitions:

SPARK ARRESTOR shall mean a chimney device constructed in a skillful-like manner. The net free area of a spark arrestor shall not be less than four times the net free area of the outlet of the chimney. The spark arrestor screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Opening shall not permit the passage of spheres having a diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch.

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 of the existing floor area of the structure within any 36-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, foundations, 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.

Section 202-[T] of Chapter 2 is hereby amended by adding the following general definition:

TEMPORARY shall mean any use for a period of less than 90 days, where not otherwise referenced.

Section 202-[U] of Chapter 2 is hereby amended by adding the following general definition:

UNWARRANTED ALARM shall mean the giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists.

CHAPTER 3
General Requirements

Section 302.1 in Chapter 3 is hereby amended to add the following:

PUBLIC STORAGE FACILITY

Section 304.1.2 is amended to read as follows:

304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in all areas shall be in accordance with Chapter 3 and Chapter 49. Vegetation clearance requirements in Wildland-Urban Interface areas shall be in accordance with Chapter 49.

Section 315 is hereby added to Chapter 3 and shall read as follows:

Section 315 Public Storage Facilities

Section 315.1 General. Public Storage Facilities shall comply with the provisions of this section.

Section 315.2 Location on Property and Fire Resistance of Exterior. All public storage facilities shall meet the minimum requirements for setback from property lines or fire resistive construction as set forth in Table 602 of the Building Code for Group S, Division 1 occupancies.

Section 315.3 Fire Apparatus Access. All public storage facilities shall have fire apparatus access roads provided in accordance with Section 503.

Section 315.4 Storage of Flammable and Combustible Liquids and Hazardous Materials. The storage of hazardous materials or flammable or combustible liquids in public storage facilities is prohibited. Such facilities shall post legible and durable sign(s) to indicate same in a manner and location(s) as specified by the Fire Code Official. This section shall apply to new and existing public storage facilities.

Exception: Only those quantities of flammable and combustible liquids necessary for maintenance of the facility may be stored by the facility management per Chapter 57 of this code.

Chapter 7A, Sections 701A.1 and 701A.3, is amended to read as follows:

701A.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, additions and exterior remodels located within the Wildland Urban Interface Fire Area as defined in Section 702A.

701A.3 Application. New buildings, additions and exterior remodels 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.

CHAPTER 9
Fire Protection and Life Safety Systems

Section 901.7 of Chapter 9 is hereby amended by adding the following sentence:

Section 901.7 Systems out of Service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall be either evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. This section shall also apply to residential fire sprinkler systems.

Section 903.2 of Chapter 9 is repealed in its entirety (with the exception of subsections 903.2.5, 903.2.6, 903.2.8, 903.2.11, 903.2.12, 903.2.14, 903.2.15, 903.2.16, 903.2.17, 903.2.18, 903.2.19, 903.2.20 which shall remain in effect).

Section 903.2 of Chapter 9 is hereby added to read as follows:

Section 903.2 Where Required. Approved automatic sprinkler systems in new and existing buildings shall be provided in the locations described in this section.

Section 903.2.1 through 903.2.4 of Chapter 9 are hereby added to read as follows:

Section 903.2.1 Required Installations. An automatic sprinkler system shall be installed and maintained in all newly constructed buildings or structures.

Exceptions:

1. Detached pool houses, workshops, Group U private garages, barns and similar structures, built in conjunction with existing non-sprinklered single-family residences and provided the new structure is less than 1,000 square feet and is not intended for use as a dwelling unit.

2. Detached non-combustible, limited combustible, or fire retardant treated wood canopies.

3. Group B or M occupancies less than 1000 square feet.

4. Detached restroom facilities associated with ball fields, parks and similar uses as approved by the Fire Code Official.

Section 903.2.2 Additions and Alterations. An automatic sprinkler system shall be installed in all buildings in excess of 3,000 sq. ft., which have ten per cent (10%) or more floor area added within any thirty-six (36) month period.

Section 903.2.2.1 Substantial Remodel. An automatic sprinkler system shall be installed in all buildings, which have fifty per cent (50%) or more floor area added, or any “substantial remodel” as defined in this code, within any thirty-six (36) month period.

Section 903.2.3 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the California Residential Code. An automatic sprinkler system shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations.

Section 903.2.4 Change of Occupancy or Use. For any change of occupancy or use, when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official, including but not limited to conversion of buildings to single family residences, accessory dwelling units, bed and breakfast, inns, lodging houses or congregate residences or other similar uses, an automatic sprinkler system shall be installed throughout.

Section 903.3.9 of Chapter 9 is hereby amended by replacing item 2 with the following:

Section 903.3.9 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access.

2. Buildings that are two or more stories in height.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exception: Group R-3 and R-3.1 occupancies floor control valves and waterflow detection assemblies shall not be required.

Section 903.6.1 of Chapter 9 is hereby added and shall read as follows:

Section 903.6.1 Application. In all existing buildings, when the addition of automatic fire sprinklers is required by the provisions of this code, automatic fire sprinklers shall be extended into all unprotected areas of the building.

Section 906.11 is hereby added to Chapter 9 and shall read as follows:

Section 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 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 907.2.12.1.2 of Chapter 9 is hereby amended by adding new subsection 3 to read as follows:

3. Duct smoke detectors shall be capable of being reset by a readily accessible, remote push button or key activated switch as approved by the Fire Code Official.

Section 907.6.6 is hereby amended to read as follows:

Section 907.6.6 Monitoring. New and upgraded fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved Central Station in accordance with NFPA 72 and this section.

Exception: Monitoring by central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Automatic sprinkler systems in one- and two-family dwellings.

Section 907.8.5.1 of Chapter 9 is hereby added and shall read 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.

Section 919 of Chapter 9 is hereby added to read as follows:

919 GAS SHUT-OFF DEVICES

919.1 General.

919.1.1 Definition. For the purposes of this section certain terms shall be defined as follows:

"Downstream of gas utility meter" refers to all customer-owned gas piping, or in liquid petroleum gas installations said term shall refer to the gas piping on the structure side of the gas regulator.

"Excess flow gas shut-off device" means those valves or devices that are not actuated by motion but are activated by significant gas leaks or over- pressure surges, which can occur when pipes rupture inside the structure. The design of the device provides a proven method to automatically provide for expedient and safe gas shut-off in an emergency. The design of the device shall provide a capability for ease of consumer or owner resetting in a safe manner.

"Seismic gas shut-off device" means a system consisting of a seismic sensing device and actuating device designed to actuate automatically a companion gas shut off means installed in a gas piping system in order to shut off the gas downstream of the location of the gas shut-off device in the event of a severe seismic disturbance. The system may consist of separable components or may incorporate all functions in a single body.

"Upstream of gas utility meter" refers to all gas piping installed by the utility up to and including the meter and the utility’ s bypass tee at the connection to the customer-owned piping.

"Gas shut-off device" as used in this section, refers to either a seismic gas shut-off device or excess flow gas shut-off device.

“Substantial Remodel” shall mean the renovation of any structure that, combined with any additions to the structure, affects a floor area that exceeds fifty percent of the existing floor area of the structure. When any structural changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, 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 purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

Section 919.2 General.

Section 919.2.1 Devices: When Required. Approved gas shut-off devices shall be installed:

1. In every newly constructed building and facility.

2. In newly created Accessory Dwelling Units.

3. In all buildings that have more than fifty percent (50%) floor area added or any “substantial remodel,” as defined in this ordinance, within any thirty-six (36) month period.

4. In all buildings, except R-3 occupancies, in excess of 3,000 sq. ft., that have more than ten percent (10%) floor area added within any thirty-six (36) month period.

5. Whenever any new gas piping is installed.

Exceptions:

A. Gas shut-off devices installed on a building prior to the effective date of this ordinance are exempt from the requirements of this section, provided they remain installed on the building or structure and are maintained for the life of the building or structure.

B. Gas shut-off devices installed on a gas distribution system owned or operated by a public utility shall not be subject to the requirements of this chapter (Health & Safety Code Section 19201(b)).

Section 919.2.2 Devices: Location Required.

1. Seismic gas shut-off devices shall be installed downstream of the gas utility meter on each fuel gas line where the gas line serves a building; and/or

2. Excess flow gas shut-off devices shall be installed downstream of the gas utility meter on each fuel gas line where the gas line serves a building and at each gas appliance within a building.

Section 919.3 General Requirements.

Gas shut-off devices installed either in compliance with this ordinance or voluntarily, with a permit issued on or after the effective date of this ordinance, shall comply with all of the following requirements:

1. Be installed in accordance with the manufacturer’s instructions.

2. In the case of seismic gas shut-off devices (motion sensitive) only, such devices must be mounted rigidly to the exterior of the building or structure containing the fuel gas piping. This requirement need not apply if the device (motion sensitive) has been tested and listed for an alternate method of installation.

3. Seismic gas shut-off devices shall be certified by the State Architect and be listed by an approved listing and testing agency such as IAS, IAPMO, UL, or the Office of the State Architect.

4. Have a thirty (30) year warranty that warrants that the valve or device is free from defects and will continue to properly operate for thirty (30) years from the date of installation.

5. Where gas shut-off devices are installed voluntarily, or as required by this section, they shall be maintained for the life of the building or structure or be replaced with a valve or device complying with the requirements of this section.

Section 919.4 List of Approved Valves and Devices.

The City’s Fire Department shall maintain a list of all gas shut-off devices that meet or exceed the requirements of devices certified by the Office of the State Architect for installation in the State of California and that comply with the standards and criteria set forth in Health and Safety Code Section 19180 et seq., including quality and design regulation for earthquake actuated automatic gas shut-off systems. (See 24 Cal. Code Regs. Ch. 12-16-1).

Chapter 15 Section 1506 is amended by adding:

Section 1506.5, Material fire rating. All newly constructed roofs and reroofs shall have a class “A” roof covering installed.

Chapter 31, Section 3109.4.1, Barrier Height and Clearances, is amended as follows:

The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool.

Chapter 31, Section 3110, Automatic Vehicular Gates, is amended as follows:

Section 3110 Gates

3110.1 General. Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and 3110.3 and other applicable sections of this code. All other gates shall comply with Sections 3110.4 and other applicable sections of this code.

3110.2 Vehicular Gates Intended for Automation. Vehicular gates intended for automation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

3110.3 Vehicular Gate Openers. Vehicular gate openers, where provided, shall be listed in accordance with UL 325.

3110.4 All Other Gates. Any gate more than 48 inches (1219 mm) in width or more than 84 inches (2134 mm) in height shall meet the requirements of ASTM F1184, shall be installed per the manufacturer’s recommendations, and shall be designed, constructed, and installed to meet all of the following:

1. Gate shall not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.

2. Gate shall be balanced and not move under the gate’s own weight or by gravity.

3. Rolling wheels shall be covered.

4. Gate shall have positive stops.

CHAPTER 33
Fire Safety During Construction

Section 3311.3 of Chapter 33 is amended by adding the following to the end of the exception:

Exception: Standpipes shall be either temporary or permanent in nature, and with or without a water supply, provided that such standpipes comply with the requirements of Section 905 as to capacity, outlets and materials, as approved by the Fire Code Official.

Section 3312.3 in Chapter 33 is added to read as follows:

Section 3312.3 Where required. In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding two stories in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.

Section 3312.4 of Chapter 33 is added to read as follows:

Section 3312.4 Buildings being demolished. Where a building is being demolished and an automatic sprinkler system is existing within such a building, such automatic sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished.

Section 3312.5 of Chapter 33 is added to read as follows:

Section 3312.5 Detailed requirements. Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903.

(Ord. 1069 § 5, 2023; Ord. 1062 § 5, 2022)