Chapter 15.05
AMENDMENTS AND ADDITIONS TO THE CALIFORNIA BUILDING CODE

Sections:

15.05.010    Amendments and additions to the California Building Code.

15.05.010 Amendments and additions to the California Building Code.

A. The following amendments and additions as recommended by the building official are adopted to the California Building Code, 2022 Edition, which is the 2021 International Building Code as amended by the state of California:

1. Amend Section 502.1 to read as follows:

502.1 Building Address. New and existing buildings shall be provided with approved address identification. The address shall be legible and placed in a position that is visible from the street or road fronting the property. Any new building or an existing building that undergoes an alteration or addition that requires a building permit shall be provided with approved address identification as follows:

a. Industrial – Industrial buildings with multiple addresses shall have at least one address number posted toward the access road with a minimum numeral size of 12” high with a minimum stroke of 3” wide. Individual units within an Industrial building shall be approved to have a minimum numeral address size of 6" high with a stroke of 1". All address identification characters shall contrast with the background.

b. Commercial – All commercial units shall be provided with a minimum numeral size of 6" high with a 1" wide stroke and shall contrast with the background.

c. Residential – All residential buildings shall have a minimum numeral size of 4" high with a 1/2" wide stroke and shall contrast with the background.

d. Lighting of building addresses – The building address for all new buildings constructed after October 1, 2022, shall be automatically lighted at night.

Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall be maintained. (Local condition I)

2. Amend Section 105.5.1 to read as follows:

105.5.1 Expiration (BSC). On or after January 1, 2019, every permit issued shall become invalid unless work on the site authorized by such permit is commenced and a building inspection received by the Building Official or their deputy. The inspection is required to have been approved or a correction list issued within 12 months of after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each prior to the expiration date of such permit. The extension shall be requested in writing and justifiable cause demonstrated or as mandated in title 15-chapter 15.27 Commercial construction time limits. (See Health and Safety Code Section 18938.5 and 18938.6) (Local conditions I)

3. Add Section 105.8 to read as follows:

105.8 Reactivation of an expired permit. To continue work on an expired permit the permittee shall obtain an approval for reactivation of an expired building permit or apply for a new building permit for the remaining work prior to continuing any further construction. A written reactivation request will be reviewed by the Building Official provided no changes have been made or will be made in the original plans, details, or specifications for such work. Reactivation of an expired building permit shall be at the discretion of the Building Official per the California Building Code Chapter 1 Section 105.5.1 Expiration (BSC) as amended by the Benicia Municipal Code as adopted by City Council of Title 15 Buildings and Construction. If an expired building permit requires changes to the original plans, details, or specifications including but not limited to field changes or California Building Code cycle update, a new building permit shall be required for all remaining work. The new building permit application will be reviewed and issued under the current building code cycle and current fees established in the Benicia Master Fee Schedule as adopted by City Council. (Local conditions I)

4. Add Section 107.6 to read as follows:

107.6 Standard or Master Plans. The Building Official may review for compliance a set of plans for a building or structure as a “standard or master plan,” provided the applicant has made proper application, submitted a complete set of plans, and paid the plan review fee required by the Benicia Master Fee Schedule adopted by City Council. When it is desired to use an approved “standard or master plan” for an identical structure, a plot plan and or floor plan shall be submitted by application and a plan-review fee paid that is equal to one-half of the full plan-review fee as required by the current Benicia Master Fee Schedule adopted by City Council for such identical work. In case of any deviation whatsoever from this standard or master plan, complete plans, together with a full plan-review fee required by the Benicia Master Fee Schedule and adopted by City Council, shall be submitted for the proposed work. Standard or master plans shall be valid for a period of one year from the date of approval. This period may be extended by the Building Official when there is evidence that the plan may be used again. The building code in effect when the plan review application is submitted, and the plan review fee paid shall be the governing code. (Local conditions I)

5. Add Section 107.7 to read as follows:

107.7 Property survey. If a new structure or addition to a structure is proposed within six inches (6”) of the required yard line or setback specified by zoning or otherwise approved by the Benicia Planning Division, or within six inches (6”) of the property line when there is no specified yard line or setback, the following requirement applies: The building permit applicant shall have a California licensed professional or California land surveyor provide documentation certifying that: a) the proposed location of the structure/addition is entirely on the applicant’s property; b) the structure/addition does not encroach onto adjacent property(s); and c) the structure/addition complies with the minimum yard/setback requirements. This documentation may take the form of a site plan, or a written letter prepared, stamped, and signed by the California licensed professional or California land surveyor. The Building Official may require string lines at the time of first inspection, at their discretion. Additionally, this documentation requirement may be partially waived by the Building Official or the Planning Manager if multiple adjacent parcels under single ownership are being developed or have previously been developed as a single site. (Local conditions I)

6. Amend Section 109.3 to read as follows:

109.3 Permit Valuations. Building permit valuations. The applicant for a permit shall provide an estimated permit value at the time of application. Permit valuations shall reflect the total work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing, equipment, and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates in the form of a bid for work from a California licensed contractor of that discipline, a signed contract for scope of work to be performed on the permit from a California licensed contractor of that discipline, or the valuation meets the minimum square foot cost from the current International Code Council Building Value data table (BVD) with regional calculator. Final building permit valuation shall be set by the Building Official. (Local conditions I)

7. Amend Section 109.4 to read as follows:

109.4 Work commencing before permit issuance. Any person who commences any work requiring a permit on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established in the Benicia Master Fee Schedule as adopted by City Council. An investigation shall be made before a permit may be issued for such work. Whether or not a permit is then or subsequently issued an investigation fee established by the Benicia Master Fee Schedule as adopted by City Council shall be collected. In addition to all fees required by this section all fees established by the California Mechanical Code section 104.5.2 Investigation fees and California Plumbing Code section 104.5.2 Investigation fees, including all amendments and additions as adopted by City Council shall be paid. The payment of such investigation fees shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. The Building Official shall have the authority to reduce but at no time waive an investigation fee at their discretion. In addition to all fees required as established by the California Mechanical Code section 104.4.2 Investigation fees and California Plumbing Code section 104.4.2 Investigation fees, including all amendments and additions as adopted by City Council. All investigation fees shall be in addition to the required permit fees. (Local conditions I)

8. Amend Section 109.6 to read as follows:

109.6 Refunds. The Building Official may authorize the refunding of building permit inspection and electrical fees paid when no work has commenced under a permit in accordance with this code or when an applicant wishes to withdraw an application for a permit for which a plan review fee has been paid. Plan review fees collected shall not be subject to refund if plan review has commenced. Permit application, document retention, and processing fees collected shall not be subject to refund. An administrative fee established by the Benicia Master Fee Schedule and adopted by City Council will be assessed for any permit refund request unless fees were charged in error by city staff. Fee refunds of mechanical and plumbing permits are established by the California Mechanical Code section 104.5.3 Fee refunds, and the California Plumbing Code section 104.5.3 Fee refunds, including all amendments and additions as adopted by City Council. (Local conditions I)

9. Add Section 109.7 to read as follows:

109.7 Plan review fees. Plan review more than 15 minutes requires a plan check fee established by the Benicia Master Fee Schedule as adopted by City Council, the fee shall be paid at the time of submitting plans, calculations, and specifications for plan review. Plan review fees cover 1st and 2nd review. When a submittal of documents is a 3rd or subsequent review, incomplete, revised to require additional plan review, or when the project involves deferred submittal items an additional plan review fee will be charged at an hourly rate as established by the Benicia Master Fee Schedule as adopted by City Council. All fees incurred during plan review from an outside contract service company are considered pass-through fees and shall be paid by the applicant in full whether a permit is issued or not. Separate plan review fees shall be paid in addition to building plan review fees as established by the California Mechanical Code section 104.3.2 Plan review fees and the California Plumbing Code section 104.3.2 Plan review fees, including all amendments and additions as adopted by City Council. Electrical plan review fees shall be paid as established in the Benicia Master Fee Schedule as adopted by City Council. (Local conditions I)

10. Add Section 109.8 to read as follows:

109.08 Reactivation of expired valuation-based permit fees. Expired valuation-based permits that have been approved for reactivation by the Building Official shall pay a new full permit application fee and building inspection and electrical fee at one-half the amount required for a new permit as established in the current Benicia Master Fee Schedule, in addition to all fees required as established by the California Mechanical Code section 104.4.3 Expiration and California Plumbing Code section 104.4.4 Extension, including all amendments and additions as adopted by City Council. (Local conditions I)

11. Add Section 109.9, Permit fees, to read as follows:

109.9 Permit fees. Permit fees shall be assessed in accordance with the Benicia Master Fee Schedule and the California Residential Code section R108.2 Schedule of permit fees, California Mechanical Code section 104.5 Fees and California Plumbing Code section 104.5 Fees, including all amendments and additions as adopted by City Council, or as contracted with outside support services. (Local conditions I)

12. Add Section 110.7 to read as follows:

110.7 Reinspection and phasing fees. A reinspection and or phasing fee established in the Benicia Master Fee Schedule as adopted by City Council may be assessed for each inspection or reinspection when such portion of work for which inspection is scheduled is not complete, has been phased, or when corrections called for previously are not complete. In instances when reinspection and or phasing fees have been assessed, no additional inspection of work will be performed until the required fees have been paid. (Local conditions I)

13. Add Section 114.5 to read as follows:

114.5 Abatement. If a declared dangerous building is not completely abated by the owner of the property within the time prescribed by the Building Official, city staff may cause the dangerous building to be abated by city personnel or private contract. In furtherance of this section, the Building Official is expressly authorized to enter upon the premises for the purpose of abating the dangerous building. Where required by state or federal law, a warrant shall be obtained prior to entry onto the premises for the purpose of abating the nuisance, unless written consent to enter is received from the owner or occupant of the premises or warrantless entry is otherwise permissible under state or federal law. Where a warrant is required, notice shall be given to the owner or occupant of the issuance of the warrant twenty-four (24) hours prior to the entry, unless the warrant provides otherwise. (Local conditions I)

14. Add Section 114.6 to read as follows:

114.6 Cost of Abatement. The Building Official shall keep an accounting of the costs and expenses of abating such dangerous building and shall render a statement of such costs to the person or persons receiving the notice and order. Such person or persons receiving the notice and order shall be liable to the city for all costs and expenses to the city involved in abating the violation. Costs and expenses as referred to in these sections shall include but are not limited to, all direct costs related to personnel salaries and benefits, operational overhead, fees for experts, consultants or contractors, legal costs or expenses including attorney fees, claims against the city arising because of the dangerous building and procedures associated with collecting moneys due hereunder. The total cost of abating a dangerous building shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the assessed amount. After such recordation, a copy of the lien may be turned over to the county assessor, who shall then enter the amount of the lien on the assessment rolls as a special assessment. Thereafter, said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Nothing in this chapter shall be deemed to prevent the city attorney or district attorney from commencing with any other available civil or criminal proceedings to abate a dangerous building under applicable provision of state law as an alternative to the proceedings set forth in this chapter. (Local conditions I)

15. Add Section 114.7 to read as follows:

114.7 Violation a public nuisance. It is declared that any violation of Title 15 constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the city may bring civil suit to enjoin violation of its provisions, or use any other remedy provided by law. (Local conditions I)

16. Add Section 114.8 to read as follows:

114.8 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not more than what is prescribed in City of Benicia Municipal Code, Title 1, Chapter 1.08 (General Penalty) Section 1.08.030 (Penalty). (Local conditions I)

17. Add Section 1505.11 to read as follows:

1505.11 Shingles and Shakes. All new roof coverings shall be a class B or better roof covering assembly as defined by Section 1505 Fire Classification. (Climatic III)

18. Building Code Appendices to Be Adopted. The 2022 California Building Code is further amended by adopting by reference the following appendix chapters:

a. Appendix B – Board of Appeals.

b. Appendix G – Flood-Resistant Construction.

c. Appendix H – Signs.

d. Appendix I – Patio Covers.

e. Appendix J – Grading. (Ord. 22-12 § 1).