COUNTY OF SANTA CRUZt

PLANNING DEPARTMENT701 OCEAN STREET, 4TH FLOOR, SANTA CRUZ, CA 95060

(831) 454-2580 FAX: (831) 454-2131 TDD: (831) 454-2123KATHLEEN MOLLOY PREVISICH, PLANNING DIRECTOR

July 19, 2012

AGENDA DATE: August 7,2012

Board of SupervisorsCounty of Santa Cruz701 Ocean StreetSanta Cruz, CA 95060

SUBJECT: Consider Appeal related to County Geologic Hazards Code Section16.10.070(H)2.(a) regarding limitations on placing improvements within coastalbluff setback areas; and stating that such limitation is a Building Standard forwhich the County would need to adopt and file findings with the CaliforniaBuilding Standards Commission as a local amendment to the Building Code

Members of the Board:

On June 6, 2012 an appeal fee was paid and thus the appeal detailed in the attached letter datedApril 2. 2012 from Mr. Cove Britton was considered formally filed. In accordance with adoptedBAFCAB procedures for considering appeals, the appeal is set for consideration at this August 7,2012 meeting; the date of which was agreed to by the appellant. The appeal letter indicates that thesubject of the appeal is County Code Section 16.1 0.070(H)2(a), which provides:

Any project that does not specifically require a building permit (see SCCO Code Section12.10.310 and 12.10.315) is exempt from Section 16. 10.070(H) 1, with the exception of: non-habitable accessory structures that are located within the minimum 25-foot setback from thecoastal bluff where there is space on the parcel to accommodate the structure outside of thesetback, above-ground pools, water tanks, projects (including landscaping) which wouldunfavorably alter drainage patterns, and projects involving grading.For the purposes of this Section, the unfavorable alteration of drainage is defined as a changethat would significantly increase or concentrate runoff over the bluff edge or significantlyincrease infiltration into the bluff. Grading is defined as any earthwork other than minorleveling, of the scale typically accomplished by hand, necessary to create beneficial drainagepatterns or to install an allowed structure, that does not excavate into the face or base of thebluff.Examples of projects which may qualify for this exemption include: decks which do not requirea building permit and do not unfavorably alter drainage, play structures, showers (where run-off is controlled), benches, statues, landscape boulders, benches, and gazebos which do notrequire a building permit.

Note that Section 16.1 0.070(H)(1) referenced above provides that the recommendations of a requiredgeologic hazrds assessmenVreport and other requirements as specified in the County Code lp 8

cì Appealot 16. 1 O.070(H)2(a) as Building Standard

BOS Agenda: August 7, 2012Page 2 of 4

pertaining to a variety of types of locations or hazardous conditions shall become standard conditionsfor any development, building, and land division permits or approvals. The referenced (H)(1) providescriteria for areas subject to coastal bluff erosion; the complete section is provided in Attachment 2 forreference.

The appellant appears to characterize this Chapter 16.10 Geologic Hazards code section as a"Building Standard" per California Health and Safety Code 18909, and, as such, the County is notallowed to adopt such a local Building Standard without filing express findings with the CaliforniaBuilding Standards Commission for adoption of a local amendment to the California Building Code(CBC). Specifically, the appellant seems to believe that since "above ground spas or hot tubs" areexempt from the requirement to obtain a building permit under the 2010 CBC 105.2, the County wouldhave to obtain approval from the Building Standards Commission in order to be able to disallowlocation of an above ground hot tub on a site under 16.1 0.070(H)(1). Additionally, the appellantattaches a letter from geologist Erik Zinn that discusses geologic factors that, in his opinion, make it"unreasonable to use geology as a planning tool to prevent an applicant from placing a hot tub andfire pan outside of the designated geological building envelope".

Applicable code sections:· 12.10.310 of the SCCO Code defines when permits are required.· 12.10.315 of the SCCO Code defines work exempted from permits.· Section 1 05.2.ex:9 of the 2010 California Building Code (CBC) exempts prefabricated

swimming pools less than 24" deep and not exceeding 5,000 gals and is entirely aboveground. This section was amended by the following SCCO Code section.

· Section 12.10.315 (a) 9 of the SCCO Code exempts prefabricated swimming pools less than

18" deep and not exceeding 5,000 gals.· Section 12.10.216 (b) of the SCCO Code defines a spa, self-contained as; a continuous-duty

appliance in which all control, water-heating and water-circulating equipment is an integral partof the product, located entirely under the spa skirt. A self-contained spa is intended forrecreational bathing and contains water over 18" deep.

· Section 12.10.216 (e) 1 of the SCCO Code exempts self-contained spas with listed safetycovers (complying with ASTM F 1346) only from the pool barrier requirements listed in thissection.

ANALYSIS

This analysis of the appeal will address two questions:

1. Does an above-ground spa or hot tub require a building permit?

Yes, a spa or hot tub contains water over 18" deep and is defined by both the California Building Code(CBC) and the SCCO Code as a swimming pool which requires a building permit. The CBC and theSCCO Code only exempts spas or hot tubs with approved safety covers from the 0.001 barrierrequirements. The installation of such a piece of equipment does require a permit per the CBC andthe SCCO Code.

A permit is required to assure that the equipment is listed and approved, has a listed safety covercomplying with ASTM F 1346 or meets pool barrier requirements, has anti-entrapment protection,meets all required setbacks, is installed per the manufacturer's listed installation instructions and thatit complies with all applicable California Electrical Code (CEC) requirements for the dedicatedelectrical circuit, grounding and bonding, GFCI protection and the installation of the equipment itself.

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Appeal of 16.1 0.070(H)2(a) as Building StandardBOS Agenda: August 7, 2012Page 3 of 4

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2. For an above-ground pool OR an above-ground spa or hot tub that either does or doesnot require any type of building permit, can County of Santa Cruz Geologic Hazardscode provisions, specifically 16.10.070(H)2.(a), disallow such improvements within adesignated coastal bluff setback area for geologic hazard reasons, without approval ofa local amendment of the CBC by the State Building Standards Commission?

The geologic hazard provision at issue essentially provides that improvements that do not require abuilding permit can be located within a coastal bluff setback area EXCEPT that above-ground pools(which the county's code recognizes as not requiring a building permit if less than 18" deep and notexceeding 5,000 gals) may NOT be located within a coastal bluff setback area. Other items that donot require building permits are also excepted out and NOT allowed in this area, including non-habitable accessory structures where there is space on the parcel to accommodate the structureoutside of the setback, water tanks, projects (including landscaping) which would unfavorably alterdrainage patterns, and projects involving grading.

These provisions are part of the County's adopted Local Coastal Program, which is approved by theCalifornia Coastal Commission and must be in conformance with the Coastal Act. The intent of"excepting out of the exemption" is primarily related to placement and management of water anddrainage within a coastal bluff setback. The provision is intended to avoid and minimize hazards thatresult from improper drainage onto or over a coastal bluff. As such, the County's regulations do notsolely depend on whether or not a building permit is required, but on the potential for improper runoff.An above-ground pool, spa or hot tub could fail and send volumes of water improperly infiltrating intoor flowing over a coastal bluff, which is hazardous to the integrity of the bluff and surroundingimprovements and structures, including homes located on the coastal bluff.

The County's regulations defining what can and cannot be placed within a designated coastal bluffsetback area are adopted to carry out requirements of the Coastal Act and Local Coastal Program,not the California Building Code. It is important to recognize that the term "Building Standard" isdefined in the Health and Safety Code is a definition that governs the construction of the CaliforniaBuilding Code per section 18905. Relevant Health and Safety Code provisions are attached inAttachment 3. These geologic hazard provisions do use "whether or not a building permit is required"as a threshold for determining when the regulations are triggered, but defining the threshold in thatway is not a "building standard".

Recommendation

It is therefore RECOMMENDED that your Board deny the appeal that was formally filed on June 6,2012 and was explained in a letter dated April 5, 2012 by Mr. Cove Britton, based on the followingfindings:

1. The County of Santa Cruz is correctly administering building code requirements that apply toabove-ground pools and above-ground spas or hot tubs consistent with provisions of theCalifornia Building Code, in that above-ground spas or hot tubs at a minimum do require anelectrical permit.

2. Regulations implementing the County of Santa Cruz Local Coastal Program as approved by

the California Coastal Commission, including Section 16.10.070(H)2.(a) of the GeologicHazards ordinance, are not "Building Standards" of the California Building Code as defined bythe California Health and Safety Code, and are not subject to any need to make findings for a

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Appeal of 16.1 0.070(H)2(a) as Building StandardBOS Agenda: August 7, 2012Page 4 of 4

local amendment of the California Building Code nor any requirement to file such findings foracceptance by the California Building Standards Commission.

Sincerely,Ai ('Itl:' ".n.)". ti,,¡ ',L . I. 1!1' vi ~. i,\j . ìj i,). 'i :," n, i ( h(l __ i ¡ I.i . ',"tJ ..:t.:" I i l'KathYiryolloy Previsich ¡ I.

Planrig Director

RECOM~SUSAN A:County Administrative Officer

Attachment 1:Attachment 2:Attachment 3:

. Appeal Documents filed by Mr. Cove BrittonSelected Provisions of Santa Cruz County Geologic Hazard CodeSelected Provisions of California Health and Safety Code

CC: Cove BrittonEric linn

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April 2,.2012

Local Appeals BoardCounty of Santa Cru701 Ocean StreetSanta Cru, CA 95060

Dear Members of the Local Building Appeals Board:

Under Section 1.8.8 of the 2010 CBC I hereby appeal County Code Section 16.1O.070(h)2. (i).

Section 16.10.070 (h) 2. (i) is a Building Standard (per California Health and Safety Code18909) and results in various minor man made improvements to not be allowed withinthe County of Santa Cruz's dictated coastal bluff setback:

A) With out filing express findings with the Building Standards Commission for saidaction as required per2010 CBC 1.8.6.2.

B) Specifically disallows "above ground hot tubs" which are exempt from permit(2010 CBC 105.2) with out fiing of express findings.

Please note that I have attached a letter from geologist Erik Zinn that addresses thegeologic aspects of this issue.

Than you for the Board's consideration.

Sincerely,

728 NORTH8RANCIFORTfSANTA CRUZCA 9S062877.877.3797

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2 April 2012 Job#201 1004-G-SC

Stephen Beck920 Camile LaneAlamo, California 94507

Documents Referenced:

"Discretionary Application Comments - County of Santa Cruz Planning Department-Environmental Planning - Routing 2 - Antonella Gentile - Revievv Date 11/15/2011" by Cow1tyof Santa Cruz, unpublished comments.

Dear Mr. Beck:

We arc responding to the section of the Santa Cruz County completeness comments citcd above.The County Planning Department appears to be invoking section i 6.0 1 0.070.h.2.i of the SantaCruz County Code. This section reads as follows:

2. Exemption:

(I) Any project which does not specrfically require a building permit pursuant toSection 12. 10. 070(b) is exemptFom Section 16.10.070(h)1, vvith the exception ofnon-habitable accessOlY structures that are located within the minimum 25 foot setback

Fom the coastal blujfwhere there is space on the parcel to accommodate the structureoutside of the setback, above-ground pools, )vater tanks, projects (including landscaping)which would LI~fàvorably alter drainage patterns, and pl'jects iiivolving grading.

For the purposes of this Section, the unfavorable alteration of drainage is defined as achange that would signifcantly increase or concentrate runoff over the bluff edge orsignificantly increase infiltration into the bli~fl Grading is defined as any earthworkother than minor leveling, of the scale typical(v accomplished by hand, izecessary tocreate beneficial draàiage patterns or to install an a!lo,ved structure, that does notexcavate into the fàce or base of the bluff

Examples of projects which may qualil"jòr this exemption include: decks which do not

require a building permit and do not unfavorably alter drainage, play structures, showers

Engineering Geology 'X Coastal Geology 'X Fault & Landslide Investigations

Response to select County of Santa Cruz completeness comments li'om 15 November 2011 letter

Beck - 4330 Opal Clif DriveJob #2011004-G-SC

2 April 2012Page 2

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(where rim-off is controlled), benches, statues, landscape boulders, benches, and gazeboswhich do not require .a building permit.

We would also like to give the reader context for this ordinance by citing the purpose of

theentire chapter of the county geologic hazards ordinance, which is as follows:

16.10.010 Purpose.The purposes of this cliapterare:

(a) Policy Implementation. To implement the policies of the National Flood InsuranceProgram of the Federal Insurance Administration, the State ofCaltfornia Alquist-PrioloEarthquake Fault Zoning Act, the Santa Cruz County General Plan, and the Land UsePlan of the Local Coastal Program; and

(b) Public Health and Safety. To minimize injury, loss of life, and damage to public andprivate property caused by the natural physical hazards of earthquakes, floods,landslides, and coastal processes; and

(Q Development Standards. To set.lOl'fi standardsfor development and buildingactivities that wil reduce public costs hy preventing inappropriate land uses anddevelopment in areas where natural dynamic processes present a potentiaL threat to thepublic health, safety, weljàre, and property; and

(d) Notice of Hazards. To assure that potential buyers are notifed of property locatedin an area of special flood hazard, and to assure that those who occupy areas ofspecialflood hazard assume respol1sibili(vfor their actions. (Ord. 3340, 11/23/82; 3598,11/6/84; 4518-C, 3/8/99)

INTENT OF GEOLOGIC INVESTIGATIONS

Geologic investigations for residential development tyically focus upon the hazards andattendant risks posed to habitable structures, access roads and septic systems. The goaloftheinvestigation is to characterize the potential geologic processes that mightinjure or kill

people,cut off vehicular access (such as emergency vehicles) to the residence, or prevent usage of

theseptic system over the assumed 50-year design life of a residence. Consulting geologists do nottyically address landscaping designs, including the installation of hot tubs and fire pans, unlessthey will elevate the risk to greater than ordinary for habitable stmctures, access roads or septicsystems.

The principle guiding document outlining the definition of an acceptable risk to various tyes ofstrctures with respect to geologic hazards was compiled by the Joint Committee on SeismicSafety of the California Legislature on January 1974. We have taken the libert of appending a

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Response to select County of Santa Cruz completeness commentsfì'om 15 November 2011 letter

Beck - 4330 Opal Clif DriveJob #2011004-G-SC

2 April 2012Page 3

summary öfthis document in tabular fOil1at to this letter. Note that a hot tub and fire pan is noteven considered in the seismic hazards summaiy. We have taken the libert of assigning a hottub and fire pan to the acceptable risk category of "moderate risk" in the non-seismic hazardssummar, due to the fact these items are occupied infrequently, there is low probability ofphysical injur, and a moderate probability of collapse.

WHY is THIS ISSUE ABSURD?

It is unreasonable to use geology asa planning tool to prevent an applicant from placing ahot tuband fire pan outside of our designated geological building envelope. Invoking Sectionl6.0IO.070.h.2.i of the Santa Cruz County Code internally conflicts with t\1"O of

the statedobjectives of the geologic hazards ordinance, since neither the hot tub nor the fire pan wil resultin "loss of life, and damage to public and private property caused by the natural physicalhazards of earthquakes, floods, landslides, and coastal processes,' and neither of these itemspresent an "inappropriate land uses and development in areas where natural dynamic processespresent a potential threat to thepublic health, safety, welfare; and property; and. ,,"

It may be acceptable to frame this issue as a plam1ing issue, but it would be very difficult for acompetent licensed Professional Geologist or Certified Engineering Geologist to present a cogentargument that the intersection of a hot tub and fire pan with the future potential geological hazardoflong-term bluff retreat would somehow threaten someone's life or impact the public.

To takes this absurdity to an even higher level, using Section 16.010.070.h.2.i of the CountyCode, and our attached risl( tables, it would appear that the County would also need tooutlaw open space and all recreation areas that are outside of geological buildingenvelopes. We recognize that this is sily, but this is one ofthose situations where thewording of the current ordinance is in direct conflct with both common sense and thesound practice of professional geology.

CONCLUSION

The County of Santa Cruz staff have cited a section oftlieir geologic. hazards ordinance that onthe face of it may seem appropriate, but is in fact absurd, at least from the perspective of aprofessional geologist experienced at characterizing hazards and risks in California. This stemsfrom the fact that the section cited 16.0 1 O.070.h.2.i seems to be at odds with the Intent of the

County's geological hazards ordinance. We are also unaware of any single event that has

ZINN GEOLOGY

qResponse to select County of Santa Cruz completeness commentsfi-om 15 November 2011 letter

Beck - 4330 Opal Clif DriveJob #2011004-G-SC

2 April 2012Page 4

resulted from the death or injur of an individual using a hot tub or fire pan where the event wasentirely driven by geological processes.

This concludes our response letter. Please contact us at your earliest convenience if you have any

questions about this letter.

ZINN GEOLOGY (¡

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Response to select County of Santa Cruz completeness comments from 15 November 2011 letter

Beck - 4330 Opal Cliff DriveJob #2011004-G-SC

2 April 2012Page 5

SCALE OF ACCEPTABLE RISKS FROM SEISMIC GEOLOGIC HAZARDS

Risk Level Extra Project Cost Probably Requiredto Reduce Risk to an Acceptable Level

Structure Types

Extremely low' Structures whose'i:ontinued functioning is criticaL.or whose failure might be catastrophic: nuclearreactors, large dams, power intake systems, plantsmanufacturing or storing explosives or toxicmaterials.

No setpercentage (whatever isrequiredfor ma.ximum attainable safety).

Slightly higher than under"Extremcly low" leve1.'

Stnictures whose usc is critically needed after adisaster: important utility centcrs; Iiospitals; Jire,police and emergency communication facilities;fire station; and critical transportation clementssuch as bridges and overpasses; also d,uiis.

.

Structures of high occupancy, or whosc usc after adisaster would be particularly convenient: schools,churches, theaters, large hotels, and other high risebuildings housing large numbers of people, otherplaces norn1ally attracting large concentrations ofpeople, civic buildings such as tire stations,secondary utility stTuctures, extremely largecommercial enterprises, most roads, altcrnative ornon-critical bridges and overpasses.

5 to 25 percent of project cost.'

.

Lowest possible risk tooccupants of the structure.'

5 to 15 percent of project cost.'

An "ordinar" level of riskto occupants of thestrcture.'"

The vast majority of structures: most commercialand industrial buildings, small hotels andapartment buildings, and singlc tàmily residences.

i t02 percent öfproject cost, in most

cases (2 to 10 percent of project cost ina minority of cases).'

I Failurc of a single structure may affect substantial populations.

2 These additional perccntages are based on the assumptions that the base cost is the total cost of the building or otherfacility when ready for occupancy. In addition, it is assumed that the structure would have been designed and built inaccordance with curent California practice. Moreover, the estimated additional cost presumes that strctures in thisacceptable risk category are to embody suftcient safety to remain functional following an earthquake.

3 Failure of a single structure would affect primarily only the occupants.

4 These additional percentages are based on the assumption that the base cost is the total cost of the building or facilitywhen ready for occupancy. In addition, it is assumed thallhe stnictlleS would have been designed and built inaccordance with current Califoiiia practice. Moreover the cstimatcd additional cost presumes that structures in thisacceptable-risk category are to bc suffciently safè to give reasonable assurance of preventing injury or loss of life duringand following an eartquake, but othen~'ise not necessarily to remain functionaL.

5 "Ordinar risk": Resist minor earthquakes wiLlioiit damage: resist moderate earthquakes without structural damage, butwith some non-stnictural damage; resist major earlhquakes of the intensity or severity o1'the strongest experienced inCalifornia, without collapse, but with some slniclural damage as well as non-structural damage. In most strctures it isexpected that structural damage, even in a major earthquake, could be limited to repairable damage. (Structural EngineersAssociation of California)

Source: Meeting the Earthquake, Joint Committee on Seismic Safety of the California Legislature, Jan. 1974, p.9.

ZINN GEOLOGY

I1Response to select County of Santa Cruz completeness commentsfrom 15 November 201 J letter

Beck - 4330 Opal Clif DriveJob #20 J J 004-G-SC

2 April 2012Page 6

SCALE OF ACCEPTABLE RISKS FROM NON-SEISMIC GEOLOGIC HAZARDS6

Risk Level Structure Tvue Risk Characteristics

Extremely 10\'' risk Structures whose continued functioning is critical, or i. Failure affects substantialwhose failure might be catastrophic: nuclear reactors, populations, risk nearly equalslarge dams, power intake systems, plants manufacturing nearly zero.or storing explosives or toxic materials.

Very low risk Strctures whose use is critically needed aftcr a disaster: i Failure affects substantial

important utility centers; hospitals; nre, police and populations. Risk slightly iiigheremergency communication tàcilities; nre station; and than J above.critical transportation elements such as biidgcs andoverpasses; also dams.

Low risk Structures of high occupancy, or whose use after a i Failure of a single structurc woulddisaster would be particularly convenient: schools, affect primarily only the occupants.churches, theaters, large hotels, and other high risebuildings housing large numbers of people, other placesllom1ally attracting large concentrations of people, civicbuildings such as fire stations, secondary utilitystructures, extTemely large commercial enterprises, mostroads, alternative or non-critical bridges and overpasses.

"Ordinary" risk The vast majority of strctures: most commercial and i Failure only affects ownersindustrial buildings, small hotels and apartment buildings, ¡occupants of a structure ratherand single family residences. than a substantial population.

2. No significant potential for loss oflife or serious physical injury.

3. Risk level is similar or comparableto other ordinary risks (includingseismic risks) to citizens of coastalCalifomia.

4. No collapse of structures; strcturaldamage limited to repairabledamage in most cases. This degreeof damage is unlikely as a result of

! storms with a repeat time of 50years or less.

Moderate risk Fences, driveways, non-habitable structures, detached 1. Structure is not occupied orretaining walls, sanitary landtìlls, recreation areas and occupied infrequently.open space.

2. Low probability of physical injury.

3. Moderate probability of collapse.

· Non-seismic geologic hazards include flooding, landslides, erosion, wave fl11UP and sinkhole collapse

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i~ ATTACHMENT 2

SELECTED PROVISIONS OF SANTA CRUZ COUNTY GEOLOGIC HAZARDS CODE

GEOLOGIC HAZARDS SECTION 16.10.070(h)1

(h) Coastal Bluffs and Beaches:1. Criteria in Areas Subject to Coastal Bluff Erosion: Projects in areas subject to coastal bluff

erosion shall meet the following criteria:(i) for all development and for non-habitable structures, demonstration of the stabilty

of the site, in its current, pre-development application condition, for a minimum of100 years as determined by either a geologic hazards assessment or a full geologicreport.

(ii) for all development, including that which is cantilevered, and for non-habitablestructures, a minimum setback shall be established at least 25 feet from the topedge of the coastal bluff, or alternatively, the distance necessary to provide a stablebuilding site over a 100-year lifetime of the structure, whichever is greater.

(iii) the determination of the minimum setback shall be based on the existing siteconditions and shall not take into consideration the effect of any proposedprotection measures, such as shoreline protection structures, retaining walls, ordeep piers.

(iv) foundation replacement and/or foundation upgrades that meet the definition of. development per Section 16.10.070(h)(1), except that an exception to the setbackrequirement may be granted for existing structures that are wholly or partially withinthe setback, if the Planning Director determines that:a. the area of the structure that is within the setback does not exceed 25% of the

. total area of the structure, ORb. the structure cannot be relocated to meet the setback because of inadequate

parcel size.(v) additions, including second story and cantievered additions, shall comply with the

minimum 25 foot and 100 year setback.(vi) the developer and/or the subdivider of a parcel or parcels in an area subject to

geologic hazards shall be required, as a condition of development approval andbuilding permit approval, to record a Declaration of Geologic Hazards with theCounty Recorder. The Declaration shall include a description of the hazards on theparcel and the level of geologic and/or geotechnical investigation conducted.

(vii) approval of drainage and landscape plans for the site by the County Geologist.

(viii) service transmission lines and utiliy facilties are prohibited unless they arenecessary to serve existing residences.

(ix) all other required local, state and federal permits shall be obtained.

GEOLOGIC HAZARDS SECTION 16.10.070(h)2.(i)

2. Exemption:(i) Any project that does not specifically require a building permit pursuant to Section12.10.070(b) is exempt from Section 16. 10.070(h) 1, with the exception of: non-habitableaccessory structures that are located within the minimum 25-foot setback from the coastal bluffwhere there is space on the parcel to accommodate the structure outside of the setback,above-ground pools, water tanks, projects (including landscaping) which would unfavorablyalter drainage patterns, and projects involving grading.For the purposes of this Section, the unfavorable alteration of drainage is defined as a changethat would significantly increase or concentrate runoff over the bluff edge or significantlyincrease infitration into the bluff Grading is defined as any earthwork other than minorleveling, of the scale typically accomplished by hand, necessary to create beneficial drainage

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/3patterns or to install an allowed structure, that does not excavate into the face or base of thebluff.Examples of projects which may qualify for this exemption include: decks which do not requirea building permit and do not unfavorably alter drainage, play structures, showers (where run-off is controlled), benches, statues, landscape boulders, benches, and gazebos which do notrequire a building permit.

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/4ATTACHMENT 3

SELECTED PROVISIONS OF CALIFORNIA HEALTH AND SAFETY CODE

18905. Unless the context otherwise requires, the definitions contained in this article shall govern theconstruction of this part.

18905.5. "Adopting agency" means a state agency responsible for the adoption of building standards.

18906. "Adoption" or "adopt" means, with respect to the procedure for promulgation of a buildingstandard, the final act of a state agency that has the legislative authority and responsibility to takeproposed building standards to public hearing.

18907. "Approval" means, with respect to the procedure for promulgation of a building standard, theaction of approval by the California Building Standards Commission. Until there is approval of the standardby the commission, it shall be a proposed building standard or regulation.

18908. (a) "Building" means any structure used for support or shelter of any use or occupancy. "Structure"means that which is built or constructed, an edifice or building of any kind or any piece of work artificiallybuilt or composed of parts joined together in some definite manner, except any mobilehome as defined inSection 18008, manufactured home, as defined in Section 18007, special purpose commercial coach, asdefined in Section 18012.5, and recreational vehicle, as defined in Section 18010.

(b) "Building" includes a structure wherein things may be grown, made, produced, kept, handled,stored, or disposed of.

(c) All appendages, accessories, apparatus, appliances, and equipment installed as a part ofbuilding or structure shall be deemed to be a part thereof.

(d) "Building" does not include machinery, equipment, or appliances installed for manufacture orprocess purposes only, any construction installations which are not a part of a building, or any tunnel, mineshaft, highway, or bridge.

18909. (a) "Building standard" means any rule, regulation, order, or other requirement, including anyamendment or repeal of that requirement, that specifically regulates, requires, or forbids the method ofuse, properties, performance, or types of materials used in the construction, alteration, improvement,repair, or rehabiltation of a building, structure, factory-built housing, or other improvement to realproperty, including fixtures therein, and as determinei; by the commission.

(b) Except as provided in subdivision (d), "building standard" includes architectural and designfunctions of a building or structure, including, but not limited to, number and location of doors, windows,and other openings, stress or loading characteristics of materials, and methods of fabrication, clearances,and other functions.

(c) "Building standard" includes a regulation or rule relating to the implementation orenforcement of a building standard not otherwise governed by statute, but does not include the adoptionof procedural ordinances by a city or other public agency relating to civil, administrative, or criminalprocedures and remedies available for enforcing code violations.

(d) "Building standard" does not include any safety regulations that any state agency is

authorized to adopt relating to the operation of machinery and equipment used in manufacturing,

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/5processing, or fabricating, including, but not limited to, warehousing and food processing operations, butnot including safety regulations relating to permanent appendages, accessories, apparatus, appliances, andequipment attached to the building as a part thereof, as determined by the commission.

(e) "Building standard" does not include temporary scaffoldings and similar temporary safetydevices and procedures that are used in the erection, demolition, moving, or alteration of buildings.

(f) "Building standard" does not include any regulation relating to the internal management of astate agency.

(g) "Building standard" does not include any regulation, rule, order, or standard that pertains tomobilehomes, manufactured homes, commercial coaches, special purpose commercial coaches, orrecreational vehicles.

(h) "Building standard" does not include any regulation, rule, or order or standard that pertainsto a mobile home park, as defined by Section 18214, or special occupancy park, as defined by Section18862.43, except that "building standard" includes the construction of permanent buildings and plumbing,electrical, and fuel gas equipment and installations within permanent buildings in a mobilehome park orspecial occupancy park. For purposes of this subdivision, "permanent building" means any permanentstructure constructed in the mobilehome park or special occupancy park that is a permanent facilty underthe control and ownership of the park operator.

(i) "Building standard" does not include any regulation, rule, order, or standard that pertains tomausoleums regulated under Part 5 (commencing with Section 9501) of Division 8.

(j "Building standard" does not include any regulation adopted by the California IntegratedWaste Management Board, the Department of Toxic Substances Control, the Occupational Safety andHealth Standards Board, or the State Water Resources Control Board concerning the discharge of waste toland or the treatment, transfer, storage, resource recovery, disposal, or recycling of the waste.

18910. "Code" means the California Building Standards Code, including the triennial editions andsupplements.

18911. "Codification" or "codify" means to arrange building standards in the publication format of the codeas determined by the commission.

18912. "Commission" means the California Building Standards Commission.

18913. "Emergency standard" means a building standard or an order of repeal of a building standard filedfor publication in the code by the commission pursuant to Section 11346.1 of the Government Code.

18914. "Executive director" means the Executive Director of the California Building Standards Commission.

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Sharon Mitchell

From:Sent:To:Subject:

cbdbosmail@co.santa-cruz.ca.usSunday, August 05,20127:10 PMCBO BOSMAILAgenda Comments

Meeting Date: 8/712012 Item Number: 68

Name: Cove Britton Email: cove@matsonbritton.com

Address: 728 N. Branciforte Ave.Santa Cruz, CA 95062

Phone: 831-425-0544

Comments:August 5,2012

RE: Agenda Item 68, August 7th hearing.

Members of the Board:

This is a relatively straight forward issue:

1. Construction is dictated by the building code, geologic issues involved in construction are dictated by thebuilding code.

2. Legislative intent is that code be uniform.3. County code conflicts with state code.

Therefore county code is unlawful in regards to hot tubs in a geologic hazard zone. What county code intent isirrelevant, county code is not the building code and has no authority to change building code with out the properprocess and legitimate findings.

I realize that various individuals may have ideas of what the state building code should say, but the process tochange it must be followed. The county has not done so. Discussion whether or not the ordinance is rational ornot, is ultimately irrelevant in ths setting. With all due respect to county staff and ths Board, the county doesnot have the authority to disallow hot tubs for geologic reasons. The staff analysis wrongly suggests thatbecause the Coastal Commssion has approved a county ordinance it means that ordinance is therefore not abuilding standard, but quite obviously geology and constrction of hot tubs is dictated by building code and is abuilding standard. I am not aware of the state granting the Coastal Commission authority over buildingstandards and building code, nor do I believe they have claimed that authority.

I would like to suggest that if the county wants to limit certain items on bluff top areas, that are otherwiseillowed under building code, that they do so under plannng code.

Than you for the Board's consideration.

i

wi

Sharon Mitchell

From:)ent:fo:Subject:

cbdbosmail@co.santa-cruz.ca.usSunday, August 05,20127:10 PMCBO BOSMAILAgenda Comments

Meeting Date: 8/7/2012 Item Number: 68

Name: Cove Britton Email: cove@matsonbritton.com

Address: 728 N. Branciforte Ave.Santa Cruz, CA 95062

Phone: 831-425-0544

Comments:August 5, 2012

RE: Agenda Item 68, August 7th hearing.

Members of the Board:

Ths is a relatively straight forward issue:

1. Construction is dictated by the building code, geologic issues involved in constrction are dictated by the

building code.

2. Legislative intent is that code be uniform.3. County code conflicts with state code.

Therefore county code is unlawful in regards to hot tubs in a geologic hazard zone. What county code intent isirrelevant, county code is not the building code and has no authority to change building code with out the properprocess and legitimate findings.

I realize that varous individuals may have ideas of what the state building code should say, but the process tochange it must be followed. The county has not done so. Discussion whether or not the ordinance is rational ornot, is ultimately irrelevant in this setting. With all due respect to county staff and ths Board, the county doesnot have the authority to disallow hot tubs for geologic reasons. The staff analysis wrongly suggests thatbecause the Coastal Commission has approved a county ordinance it means that ordinance is therefore not abuilding standard, but quite obviously geology and constrction of hot tubs is dictated by building code and is abuilding standard. I am not aware of the state granting the Coastal Commssion authority over buildingstandards and building code, nor do I believe they have claimed that authority.

I would liketo suggest that if the county wants to limit certain items on bluff top areas, that are otherwiseallowed under building code, that they do so under plannng code.

Thank you for the Board's consideration.

i

wi