Chapter 8.1 BUILDING CODE*

Chapter 8.1
BUILDING CODE*

Sections:

8.1.01 Uniform Administrative Code adopted.

8.1.01.1 Amendments to Uniform Administrative Code.

8.1.02 Adoption of California Building Code.

* Chapter 1, consisting of Sections 8.1.01 through 8.1.03, codified from Ordinance No. 337, as amended by Ordinance Nos. 417, effective April 20, 1967, 495, effective December 2, 1970, and 72-8, effective June 14, 1972, Section 8.1.04, as added by Ordinance No. 448, effective April 17, 1968, and Section 8.1.05, as added by said Ordinance No. 72-8, amended in its entirety by Ordinance No. 75-12, effective May 7, 1975. Sections 8.1.01 through 8.1.04, as added by said Ordinance No. 75-12, amended in their entirety by Ordinance No. 78-8, effective April 19, 1978.

8.1.01 Uniform Administrative Code adopted.

For the purposes of regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City and providing for the issuance of permits and the collection of fees therefor, the 1997 Edition of the Uniform Administrative Code and Appendices, as prepared by the International Conference of Building Officials, three (3) copies of which have been filed for use and examination by the public in the office of the City Clerk as provided by Sections 50022.1 et seq. of the Government Code of the State, is hereby adopted by reference thereto as if fully set forth in this chapter. (§ 1, Ord. 78-8, eff. April 19, 1978; as amended by § 1, Ord. 81-29, eff. November 4, 1981; § 1, Ord. 88-12, eff. July 6, 1988; § 1, Ord. 90-2, eff. March 22, 1990; § 1, Ord. 93-6, eff. May 5, 1993; § 1, Ord. 99-8, eff. July 1, 1999)

8.1.01.1 Amendments to Uniform Administrative Code.

The Uniform Administrative Code adopted by reference by Section 8.1.01 of this Code is amended as follows:

(a) Section 103, Definitions, is amended by changing the definition of the term “technical codes” to read as follows:

TECHNICAL CODES refer to those codes adopted by this jurisdiction containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined, including Clovis Municipal Code (Title 8), 1997 Uniform Codes, the current California Building Codes (Title 24) and Clovis Resolution No. 02-135 Storm Water PM-10 requirements.

(b) The first paragraph of Section 303.4, Expiration, is amended to read as follows:

303.4 Expiration. Every permit issued by the building official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Failure to pass a required inspection every 180 days shall constitute the abandonment of work. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

304.2 Permit Fees. The fee for each permit shall be as set forth in Tables B-1, E-1, M-1, P-1, S-1, and 3-G and 3-H, adopted by Ordinance and on file with the building official. The fees and fee calculation methodologies set forth in these Tables shall prevail over any conflicting fees or fee calculation methodologies set forth in any other adopted uniform code. Where a technical code has been adopted by the jurisdiction for which no fee schedule is shown in this code, the fee required shall be in accordance with the schedule established by the legislative body.

(d) Section 304.3, Plan Review Fees, is amended to read as follows:

304.3 Plan Review Fees. When submittal documents are required by Section 302.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table B-1.

The plan review fees for electrical, mechanical and plumbing work shall be equal to 25 percent of the total permit fee as set forth in Tables E-1, M-1 and P-1.

The plan review fee for grading work shall be as set forth in Table 3-G.

The plan review fees for Seismic, Disabled Access, and California Building Energy Efficiency Standards, shall be 25 percent of the Building Plan Check fee for each area when detailed as shown in Table B-1.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 304.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 302.4.2, an additional plan review fee shall be charged at the rate shown in Tables B-1, E-1, M-1, P-1, and 3-G.

(e) The first three paragraphs of Section 304.5.2, Fee, are amended to read as follows:

304.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Tables B-1, E-1, M-1, P-1, 3-G and 3-H.

Subsequent un-permitted work by the same permittee shall result in a progressive investigation fee being accessed, second violation would result in a three times the permit fee for the investigation fee, a third violation would result in a four times the permit fee for the investigation fee, a fourth violation would result in a five times the permit fee for the investigation fee, and so on to a maximum of a ten times the permit fee for the investigation fee.

The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. Swimming Pool Safety Barriers not finaled prior to pool water placement are subject to an investigation fee.

(f) Section 305.5, Required Building Inspections, is amended to read as follows:

305.5 Required Building Inspections. Reinforcing steel or structural framework or a part of a building or structure shall not be covered or concealed without first obtaining the approval of the building official. Protection of joints and penetrations in fire-resistive assemblies shall not be concealed from view until inspected and approved.

The building official, upon notification, shall make the following inspections:

1. Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official.

2. Concrete slab or under-floor inspection. To be made after in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor.

3. Frame inspection. To be made after the roof, framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved.

4. Lath and/or wallboard inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished.

5. Other inspections. All inspections listed in section 109 of the International Building Code or the latest version of the California Building Code.

6. Final inspection. To be made after finish grading and the building is completed and ready for occupancy.

(g) Section 309.1, Use or Occupancy, is amended to read as follows:

309.1 Use or Occupancy. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the building official has issued a certificate of occupancy therefor as provided herein.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.

(h) Section 309.3, Certificate Issued, is amended to read as follows:

309.3 Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contain the following:

1. The building permit number.

2. The address of the building.

3. The name and address of the owner.

4. A description of that portion of the building for which the certificate is issued.

5. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The design occupant load.

(i) Table 3.1 is added for the purpose of collecting fees to fund the implementation of the Clovis Planning Program and the information management system for building activities:

Table 3.1 reads as follows:

I. A fee as set forth by resolution of the City Council shall be charged for all building permits for the purposes of funding the City of Clovis Planning Program.

J. A fee of twenty dollars ($20.00) per permit for all permit transactions shall be charged. This fee shall be collected for the exclusive use of improving the Information Management System and the transferring of legacy files into that system.

(§ 2, Ord. 88-12, eff. July 6, 1988; as amended by § 2, Ord. 90-2, eff. March 22, 1990; § 1, Ord. 90-48, eff. January 16, 1991; § 2, Ord. 93-6, eff. May 5, 1993; § 1, Ord. 94-16, eff. June 1, 1994; § 1, Ord. 94-31, eff. November 16, 1994; Ord. 97-28, eff. March 9, 1998 to March 4, 2001; § 1, Ord. 01-09, eff. April 11, 2001 to March 12, 2006; § 1, Ord. 06-02, eff. March 15, 2006 to February 13, 2011; § 1, Ord. 07-11, eff. April 4, 2007; § 1, Ord. 07-31, eff. November 7, 2007; § 1, Ord. 08-15, eff. August 20, 2008; § 3, Ord. 08-22, eff. November 19, 2008; § 1, Ord. 23-02, eff. June 14, 2023)

8.1.02 Adoption of California Building Code.

For the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City, the 2022 California Building Code (CBC), excluding Chapter 29, Plumbing systems, and including Appendix J, Grading, as promulgated by the California Building Standards Commission, which incorporates the 2021 Edition of the International Building Code with California amendments, is hereby adopted by reference thereto as if fully set forth in this chapter, save and except such portions as are deleted, modified, or amended by the provisions of this chapter. Copies of the 2022 California Building Code are on file in the office of the City Clerk and Building Official. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail. (§ 2, Ord. 08-22, eff. November 19, 2008; § 2, Ord. 14-06, eff. April 2, 2014; § 1, Ord. 16-25, eff. December 7, 2016; § 1, Ord. 19-14, eff. December 18, 2019; § 1, Ord. 22-10, eff. December 7, 2022)

8.1.02.1 Amendments to Building Code.

(a) Add/Amend CBC, Section 103.4, Violations and Penalties.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor. Each day that a violation continues shall be deemed a separate offense. The Building Official or his/her designee may commence any or all of the following proceedings in accordance with the Clovis Municipal Code:

(1) Issue an administrative citation in accordance with the provisions of Chapter 1.7 of Title 1 of the Clovis Municipal Code and related written policies.

(2) Issue a court citation (Notice to Appear) in accordance with the provisions of Chapter 1.2 of Title 1, and Article 9 of Chapter 2.2 of Title 2, of the Clovis Municipal Code and related written policies.

(3) Request the City Attorney to institute legal action.

(b) Add/Amend CBC Section 3410.1.2, Moved Buildings.

Buildings or structures moved into or within the City shall comply with the following provisions in addition to any other applicable codes:

(1) Appearance and Property Values. Buildings or structures moved into or within the City shall be pleasing in appearance, blend harmoniously with the neighborhood, and have no detrimental impact upon property values in the neighborhood.

(2) Applications: Plans and Specifications. Any person, firm, or corporation desiring to move any building or structure into or within the City

shall first file an application for relocation investigation with the Building Inspection Division of the Planning and Development Services Department. Such application shall contain the following information:

(i) The locations and addresses of the old and proposed new sites;

(ii) A plot plan of the new site indicating all dimensions and setbacks;

(iii) Photographs of the structure;

(iv) Plans and specifications giving the proposed improvements and remodeling of such building or structure at the new site. Plans shall contain drawings and specifications to show that the building will fit in harmoniously as to type, character, size, and value with other buildings in the neighborhood of the proposed site; and

(v) A map showing the proposed route through the City to the proposed site.

(3) Fees. A fee of One Hundred Fifty and no/100ths ($150.00) Dollars shall accompany the application for relocation inspection. Such fee shall be other than the building, plan checking, plumbing, mechanical, and electrical permit fees. For buildings or structures located outside the City limits, a charge of twenty-five ($0.25) cents per mile each way shall be collected.

(4) Inspections. Within five (5) working days after the receipt of the relocation investigation application and fee, a representative of the Building Inspection Division and the Planning Division of the Planning and Development Services Department shall inspect the building or structure proposed to be moved. For structures other than single-family dwellings, a representative of the Fire Department shall also inspect the building or structure. The applicant shall make the building or structure available for inspection at this time. The applicant shall be prepared to remove any material or covering on the building or structure as may be directed by the Building Inspection Division representative for the purpose of making the inspection. The applicant shall also be prepared to perform any test required by the Building Inspection Division representative. The Building Inspection Division shall prepare a report setting forth any corrections required to bring the building or structure into compliance with this chapter. A copy of this report shall be furnished to the applicant.

(5) Moved Building Review Committee. There is established a Moved Building Review Committee. This Committee shall consist of the Assistant City Manager, the City Engineer, and the City Planner. In all cases, except for single-family dwellings, the Chief of the Fire Department shall be a member of this Committee. Committee members may delegate their responsibilities to their deputies or subordinates.

(6) Review Committee Meetings and Posting of Property. The Moved Building Review Committee shall schedule a meeting to consider the application within thirty (30) days after the inspection of the building or structure. The applicant shall be notified of the date of this meeting at least ten (10) days prior to the meeting. At least ten (10) days prior to this meeting, the Building Inspection Division shall post a notice on the proposed new site stating:

(i) That a building or structure is proposed to be moved to the proposed new site;

(ii) The present address or location of the building or structure proposed to be moved;

(iii) The name and address of the person, firm, or corporation proposing to move the structure; and

(iv) The date, time, and place of the Moved Building Review Committee meeting.

(7) Authority of Moved Building Review Committee. The Moved Building Review Committee shall review the application, plans and specifications, inspection report, and any pertinent information and accept verbal testimony regarding the proposed moved building or structure. The Moved Building Review Committee may impose conditions to promote the intention of subsection (a) of this section.

The findings of the Moved Building Review Committee shall be delivered in writing to the person, firm, or corporation proposing to move the building or structure.

The decision of the Moved Building Review Committee may be appealed to the City of Clovis Planning Commission. The Planning Commission shall review the decision of the Moved Building Review Committee and forward its findings to the City Council. The decision of the City Council shall be final.

(8) Bonds. After the review and approval of the application for relocation investigation, the Building Inspection Division shall prepare an estimate of the cost of the alteration and relocation of the moved building. The Engineering Division of the Planning and Development Services Department shall prepare an estimate of the costs of possible damages to streets, curbs, gutters, sidewalks, or other City property. The person, firm, or corporation proposing to move the building or structure shall deposit with the City a sum equal to 125 percent of the sum of the estimates of the Building Inspection Division and the Engineering Division. Such deposit shall be in cash or a Time Certificate of Deposit deposited with the Director of Finance. The Time Certificate of Deposit shall be made payable to the City as the sole payee and be in a form acceptable to the Director of Finance.

(9) Permits. After the filing of the deposit with the Director of Finance, the person, firm, or corporation proposing to move the building or structure shall file an application for the building, plumbing, electrical, and mechanical permits and pay the appropriate fees.

(10) Completion of Work. All work, including any repairs to public property, shall be completed within ninety (90) days after the date of the issuance of the building permit. Upon a written request and for good cause, the Moved Building Review Committee may grant an extension of time to complete the work. If not completed, the entire amount of the deposit shall be forfeited. The City may use any amount of the forfeited deposit to complete the remaining work. Upon the satisfactory completion of all work, the deposit shall be returned, less those amounts deducted for cause.

(11) Relocating on same parcel. The provisions of this section shall not apply to buildings or structures relocated within the same parcel of property provided they meet all applicable codes.

1. Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The building official shall serve as clerk to the board.

2. Membership and qualifications. The board of appeals shall consist of three members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the city.

3. Procedures. The board of appeals shall follow the procedures for the conduct of appeals set forth in Chapter 5.28, Abatement, Appeals, and Administrative Hearings, of the Municipal Code.

(§ 2, Ord. 08-22, eff. November 19, 2008; § 2, Ord. 14-06, eff. April 2, 2014)