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CC - Public Hearing: Introduction of an Ordinance Repealing and Replacing Culver City Municipal Code Subchapter 15.02.100, of Title 15.02, “Adoption of State Codes,” and Adopting by Reference the 2016 California Building Standards Administrative Code, 2016 California Building Code with Local Amendments to Building Code section 3307 pertaining to Protection of Adjoining Properties during Construction Projects; and Adopting by Reference the 2016 California Residential Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Energy Code, 2016 California Historical Building Code, 2016 Existing Building Code, 2016 California Green Building Standards Code, and 2016 California Reference Standards Code.
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Meeting Date: November 14, 2016
Contact Person/Dept: Craig Johnson / CDD
Phone Number: (310) 253-5802
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: []
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (11/09/16);
Publication in the Culver City News (10/27/16 and 11/03/16)
Department Approval: Sol Blumenfeld, Community Development Director,
(11/2/16)
______________________________________________________________________
RECOMMENDATION:
Staff recommends the City Council conduct a Public Hearing and introduce an ordinance repealing and replacing Culver City Municipal Code Subchapter 15.02.100, of Title 15.02, “Adoption of State Codes”, and adopting by reference the 2016 California Building Standards Administrative Code, 2016 California Building Code with local amendments to Building Code section 3307 pertaining to protection of adjoining properties during construction projects, the 2016 California Residential Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Energy Code, 2016 California Historical Building Code, 2016 Existing Building Code, 2016 California Green Building Standards Code, and 2016 California Reference Standards Code. (Attachment 1)
PROCEDURE:
1. Mayor seeks a motion to receive and file the affidavit for publishing a legal notice.
2. Mayor requests a brief staff report and City Council poses questions to staff as desired.
3. Mayor opens public hearing and invites public comments.
4. Mayor seeks a motion to close the public hearing.
5. Based on public comment and staff research, City Council discusses the proposed recommendation and arrives at its decision.
BACKGROUND:
The California Building Standards Commission in 2016 adopted the Triennial Edition of the California Code of Regulations, Title 24 (California Building Standards Code), consisting of the 2016 California Building Standards Administrative Code, 2016 California Building Code, 2016 California Residential Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Energy Code, 2016 California Historical Building Code, 2016 Existing Building Code, 2016 California Green Building Standards Code, and 2016 California Reference Standards Code, as well as other regulations.
All jurisdictions in California are required to adopt the California Codes based on the California Code of Regulations, Title 24.
The above referenced 2016 California Building Codes will go into effect statewide January 1, 2017, and will be in effect in all jurisdictions in California as of that date, whether adopted by local jurisdictions or not. Local jurisdictions may adopt amended versions of the California Codes, but only if they are stricter than the base California Codes, and such amendments are subsequently approved by the California Building Standards Commission. Administrative amendments necessary to carry out procedures by the City relating to civil, administrative or criminal procedures and remedies for carrying out and enforcing building standards, and that do not establish building standards, may be enacted without meeting such requirements.
The 2016 California Energy Code, Part 6, the California Administrative Code, Part 1, Chapter 10, and the 2016 California Green Building Standards Code, Part 11, will also go into effect January 1st, 2017.
DISCUSSION:
Proposed Amendment to Section 3307 of Chapter 33 of the Building Code
The Building Official is proposing one amendment to the 2016 Building Code related to construction activity. Construction activity is inherently disruptive to surrounding properties. The disruptions may include excessive noise, parking intrusions, and litter and debris in neighborhoods. Construction nuisance conditions are generally regulated under Chapter 9.07 of the Culver City Municipal Code (CCMC) and Chapter 33 of the 2016 Edition of the California Building Code (CBC)
At times, adjacent properties are damaged during construction. The CCMC currently does not provide regulations to address property damage claims between neighboring property owners, and property owners must pursue civil action against a builder, unless they are able to resolve the matter directly with the contractor or builder.
While the majority of construction projects are completed without incident or significant concerns, the Building Safety Division has received complaints that some home builders have trespassed on neighboring property through the placement of equipment or temporary bracing without permission; driven on adjacent property damaging lawns and parkways; constructed walls or fences on the adjacent property without permission; damaged homes with paint, stucco or plaster overspray; or damaged adjoining property sidewalks, driveways and building walls due to settlement resulting from shoring.
Occasionally incidents occur at a construction site that adversely impact neighbors and result in complaints. Such incidents may or may not be the fault of the contractor (or its subcontractors, agents, employees), despite allegations to the contrary. In such instances, the CCMC and CBC are generally ineffective and staff has limited authority to resolve such construction related neighbor disputes. If efforts between the contractor/builder and neighboring property owner/resident cannot resolve such disputes, the remedies available to the parties are generally through the courts. Pursuing a civil action, however, may be costly and time consuming for all parties. Thus, these proposed measures, as set forth in the proposed amendment, are in an effort to provide tools to the builder or contractor to prevent or minimize impacts, and to assist affected property owners when they have specific claims of damaged property, and are dealing with unresponsive contractors.
The following additional measures are recommended as an amendment to Section 3307 of Chapter 33 of the Building Code, to provide protections to adjoining property owners during construction:
1. Protective screening required on the property lines of major construction projects;
2. Posting of a Notice at the construction site, containing hours and dates of construction, contact information for the contractor, and contact information for Building Safety Division;
3. Mailed notification to adjacent property owners of new construction or major remodel projects, including contact information of the builder or contractor;
4. Building Safety inspection staff authority to apply a general stop work order on construction projects until damage caused to adjoining property by a contractor is addressed, through repair, compensation, or a written agreement between the parties to compensate or repair owner is executed;
5. Cash deposits in a dedicated City account or posting of a bond, in an amount the Building Official reasonably determines is sufficient to pay the cost of repair, to address bona fide disputes between the adjoining property owner and the party alleged to have caused the damage.
Protective Screening
When necessary, staff proposes that a minimum six-foot high temporary perimeter fence be required to be erected on the property of all major remodeled or new home construction projects prior to commencement of construction. If the temporary fencing is chain link, it must be covered with fabric screening. Temporary fencing will not stop noise or dust migrating across property lines, but it will greatly reduce instances of construction workers or equipment crossing property lines.
Posting of Notice at Construction Site
The builder will be required to post a notice on that portion of the temporary construction fence facing the street in a location determined by the Building Safety Division inspector. The Notice will indicate the name of the builder and property owner, contact information for the contractor or builder, after hours contact information, Building Safety Division contact number, hours of permitted construction, and the approximate dates of construction.
Notification to Adjacent Property Owners
Currently there are no notification requirements in the Building Code for new or major remodeling projects. This new provision would require notification by first class mail to all adjacent property owners. The Planning Division has been requiring such notice as a matter of policy following the recent Zoning Code amendments for Large Single Family Homes, but the requirement is proposed to be codified as part of the Building Code.
General Stop Work Notice
2016 California Building Code Section 115 ‘Stop Work Order” authorizes the Building Official to issue a stop work notice whenever construction work is being performed contrary to the California Building Codes, or whenever work being performed is dangerous or unsafe. This proposed measure would go further by giving the Building Official authority to also issue stop work notices whenever construction work has caused, is causing, or is about to cause, damage to adjacent or nearby properties. The project would be stopped until such time that the parties resolve the issues, or the builder provides a cash deposit or bond to cover the cost of repair, if there is a dispute between the parties.
Damage Repair, and/ or Bonding, and/ or a Cash Deposit
If there is a bona fide dispute regarding the cause of the damage, the method or scope of repair, or the cost of repair, the issues in contention are a civil matter beyond the authority of the City to resolve. The bond or cash deposit would be held by the City until the dispute is resolved by the parties or a court of competent jurisdiction. If the aggrieved party does not submit proof to the City that a court action has been filed within one (1) year, after the issuance of the Certificate of Occupancy, then the City shall release the bond, unless good cause is shown.
Summary
The proposed amendments to the CCMC are intended to provide tools to minimize damage and to assist in addressing damage claims and complaints pertaining to construction, and improve the City's ability to address property damage to neighboring properties caused or alleged to be caused by contractors.
FISCAL ANALYSIS:
There is no fiscal impact associated with adopting the updated California Building Code regulations.
There may be additional costs associated with construction projects in providing further protection to adjacent property and some added inspection costs that result in addressing property damage claims including overseeing cash deposits and bonding for construction projects.
ATTACHMENTS:
1. Proposed Ordinance
2. Current Subchapter 15.02.100: Adoption of State Codes
3. Current California Building Code Section 3307
4. Notice of Public Hearing
MOTION:
That the City Council:
Introduce an Ordinance Repealing and Replacing Culver City Municipal Code Subchapter 15.02.100, of Title 15.02, “Adoption of State Codes”, and Adopting by Reference the 2016 California Building Standards Administrative Code, 2016 California Building Code with Local Amendments to Building Code section 3307 pertaining to Protection of Adjoining Properties during Construction Projects; and Adopting by Reference the 2016 California Residential Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Energy Code, 2016 California Historical Building Code, 2016 Existing Building Code, 2016 California Green Building Standards Code, and 2016 California Reference Standards Code.
Notes:
The 2016 edition of the California Building Code, in Chapter 33 Safeguards During Construction; includes provisions for demolition and site work, pedestrian protection, protection of adjoining property, and temporary use of streets. Section 3307 Protection of Adjoining Property (Attachment 3) primarily requires builders to protect the foundations of adjoining properties during construction. General damage is not addressed.