In 2017, the City amended CMC Title 15 to adopt the updated codes enumerated in Title 24 of the CA Code of Regulations (Ord. 2017-04). Since adoption, the Community Planning and Building Department has identified typos and omissions that were inadvertently adopted with the earlier update; and has developed new and improved processes, procedures, and policies intended to streamline permit review and approval, clarify code requirements, and improve customer service reflected in the update language.
This Ordinance amends administrative provisions in the referenced Codes to correct typos and omissions; and reflects the Department’s updated operations and requirements. The changes affect only administrative provisions and do not affect the technical design or construction requirements of the codes. The Monterey Fire Department and its Fire Marshal, as the contract fire department and “fire code official” referenced in the Fire Code adopted in Chapter 8.32, have reviewed these changes and offered recommendations to further clarify Fire Code requirements and the operations with respect to their role in enforcing the fire safety and protection requirements of the CA Fire Code as adopted by the City. These recommendations, when consistent with the processes and procedures of the City have been incorporated in the proposed updates.
Significant changes include:
1. Moving the Fire Code text and amendments from Title 8 to 15. The Fire Code, adopted under Section 15.08.010, primarily regulates the installation and maintenance of fire protection features; and other fire and life safety concerns in the built environment. It is a companion code to the many codes adopted by the State under CCR Title 24. The move better aligns the CCR Title 24 codes adopted under CMC Title 15, while maintaining the current fire department roles and responsibilities.
2. Moving the requirements for floodplain management from Title 8 to Title 15. Since flood plain management and flood resistant design are primarily development related concerns which are implemented through the CA Building Code moving the flood plain requirements into Title 15 better aligns them with their implementation mechanism in the Building Safety Division.
3. Moving the requirements for property nuisances from Title 8 to 15. In Carmel, property nuisances are most often related to combustible vegetation regulated in part under the fire code, and building maintenance issues regulated under the International Property Maintenance Code adopted under 15.08.010, and the other Title 15 codes. The move aligns the property nuisance regulations, the International Property Maintenance Code, and the other Title 15 codes.
4. Increasing the number of members on the Building Code Board of Appeals from five to seven. The current configuration seats three core members, and two disabled access members who only participate when the issue is related to disabled access to public facilities. This complicates achieving a quorum when members are unable to make a meeting or recuse themselves from an appeal. The added members are proposed to have expertise in fire protection and prevention which allows the Board to serve as the Fire Code Board of Appeals as defined in the body of the Fire Code.
5. Broadens the area from which appeal board members may be recruited to include the City and its “sphere of influence” as described in the City’s General Plan and adopts the definition for “sphere of influence” in the building code.
6. Repeal of the adoption of Fire Code Appendix Chapter A, Board of Appeals. Appendix Ch. A is an optional chapter that increases the fire protection expertise level required for board members. This higher level of expertise is likely not readily available in the City making compliance difficult. Repeal of Chapter A will allow the members of the Building Code Board of Appeal, as proposed, to effectively serve as the Fire Code Board of Appeals when needed.
7. Adopts a new definition for “short-term rental unit” and clarifies when conversion of apartments to short-term rental units is classified as a change in CBC Occupancy Classification from R-2 (long-term apartment) to R-1 (transient hotel/motel)
8. Adopts an updated definition of Class B noise in both Title 8 and Title 15 which helps clarify what types of work are prohibited outside of the Construction Hours specified in the Title 15.
9. Revises all references to “fees” to specify the fees adopted in the City’s Master Fee Schedule rather than specifying an amount in the code text.
10. Adopts a requirement for bonding for the cost of electrical service lateral undergrounding when the required undergrounding is waived due to potential damage to a significant tree(s) as determined by the City Forester.
11. Clarifies that temporary encroachment permits for storage of construction materials in the City’s Rights-of-Way will only be approved where a demonstrated significant hardship exists.
12. Amends the Fire Code requirements for Premises Identification under Sec. 505 to eliminate the requirement for building addressing and posting, and provide for the descriptive method historically in use in Carmel-by-the-Sea.
ENVIRONMENTAL REVIEW: The proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378).