Minutes of the Meeting of Tuesday, April 1, 2003


1. Call to order

President Ed Henry, County of Marin, called the meeting to order at 1:09 P.M.

2. Self Introductions

President Henry welcomed twenty-seven attendees and called for self-introductions.

3. Approval of Minutes

Minutes were posted at the website, corrections made and e-mailed to all prior to the meeting. For a copy of past minutes and agendas, go to the website at (

M/s/Passed to accept the minutes as posted / sent.

4. Officers and Committee Reports

a. Treasurer

Treasurer Daryl Phillips reported that he has completed some housekeeping, closing both the business money market account and the education interest checking account and transferring the balances of those accounts to the business interest checking account. The balance of the checking account was reported at $17,103.58. The Investment CD balance is $11,325.65.

b. Secretary

Secretary Tom Carlton reported that he is still getting some e-mail returned. A sign in sheet was passed around the room for all to provide current contact information.

c. Vice President

No report.

d. President

President Henry discussed the issue of the Chapter becoming a member of the ICC. The executive committee will review the membership application and policies and bring this back to the membership for vote in June (ICC policies regarding chapters are available on our website –

e. Executive Committee

The transition meeting has not been held yet.

f. Education Committee

Daryl Phillips reported that twenty-two persons attended the 2001 CBC Structural Update seminar – basically a rehash of the ’97 changes. Per group vote, there was little discussion of ICC. There is some uncertainty of the ICBO billing for these seminars, but we may be due a credit. CALBO has not yet issued a check to REICBO for the ATC-20 seminar. Ed Henry mentioned that seminars are there for the asking for PEX piping products and installation.
(A free ˝ day seminar is scheduled for April 30, at the Marin Civic Center, room 328, beginning at 12:00 noon)

g. Code Development Committee

No report.

h. ICBO Liaison

No report.

i. CALBO Liaison

Dave Martinez discussed the latest BSC developments on NFPA 5000. Direction will be given at the May 1st meeting, all are urged to attend. Larry will post BSC meeting schedules on the REICBO website.

j. Location Committee

Daryl Phillips reported the following scheduled meeting locations:

May 6, Sonoma area TBA (tentatively scheduled for The Plaza Bistro in Sonoma)
June 3, Marin Joe’s, Corte Madera
July 1, Ukiah area TBA
August 5, Petaluma TBA

5. Correspondence and Announcements

No Correspondence.

6. Old Business

No old business.

7. New Business

Chris Warrick requested the Chapter to grant coverage of his expenses to attend the County Building Officials annual meeting in San Diego. Discussion ensued. M/s/passed to grant $500 with the proviso that Chris give a full report at the following Chapter meeting.

Tom Ahrens had questions about ICC membership and the implications thereof, and requested that we post the application info on the website for discussion at future meetings.

8. Legislative News


9. Code Issues

Bill Talley began a discussion of handicap access issues with the Attorney General’s letter regarding “confirmation of deviations” and a ninety day correction requirement. Tom Ahrens said he had spoken with an investigator who said that there were two time-tables – one for “reasonable” time (vague) to respond and investigate the complaint, and then ninety days after confirmation of a violation.

Bill Talley stated that grab bars are to be centered at exactly 33” above finished floor, unless the tank lid requires them to be up to 36”.

Ed Henry mentioned that construction tolerances do not apply to disabled access requirements. Tom Ahrens stated that he allows reasonable tolerances and that there are books written on this matter, and recalled mention of this in a CALBO newsletter. Some ADA guidebooks give tolerances. Orange County had adopted tolerances that were later overturned.

Chris Warrick asked if an advocacy group could force changes that would decrease the number of fixtures in order to achieve compliance at a restaurant. Jim Moscoso asked how many employees? The Building Official must determine whether the loss would be acceptable.

Joe Willer brought up the situation of a care home with <8 residents, no owner occupancy, and the unconverted, unconditioned garage has been used by the caretaker as a sleeping room for decades, prior to incorporation. The fire district wants the sub-standard use eliminated. Doug Williams suggested the Fire District could enforce compliance upon permit renewal. However, if the garage was legally converted or approved prior to the City’s incorporation, it is hard to require upgrades now.

The discussion then turned to affordable housing. On July 1st, the new laws eliminating discretion on permitting of accessory units as residential units. To be considered in helping meet affordable housing quotas, existing second units must be brought into compliance with the Housing Code – not the CBC. Mike Enright mentioned that Sonoma County had an amnesty program for non-conforming properties to eliminate penalties and encourage improvements to be made legal.

Steve Buffenbarger asked about a dwelling wall 2’-10” from the property line having a requirement for any window to be rated and allowing a 12” eave. One solution offered was to Building Official approval with a recorded deed restriction that there will be no building constructed on the adjacent parcel.

DeWayne Starnes asked whether any jurisdictions were requiring AFCI protection / compliance for sub-panel replacements. Most agreed this is not done unless the bedrooms are rewired at the same time. The question of available test equipment for inspectors was asked. Currently there is one listed device, costing about $160.00. The first device listed was recalled shortly thereafter, as it was shocking the users. Ed Henry suggested the issue be posted on the website as a survey, and mentioned that Tom Luhmann will make a presentation on the issue at the May meeting in Sonoma.

The Annual meeting of the Nor Cal Fire Chiefs will be held at the Buck Center in Novato on April 25.

10. Adjournment

M/s/Passed motion to adjourn at 1:51

Respectfully submitted by Tom Carlton