Chapter 14.02
BUILDING CODE
Sections:
14.02.020 Authority having jurisdiction.
14.02.040 Adoption by reference.
14.02.050 Additions, amendments, or deletions to Folsom Building Code.
14.02.055 Violations—Nuisance.
14.02.080 Enforcement procedures.
14.02.010 Title.
This chapter shall be known and cited as the “Folsom Building Code.” (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.015 Definitions.
For purpose of this chapter, the following terms shall have the meaning set forth in this section.
“Building codes” or “code” shall mean the Folsom construction codes and each and every ordinance codified therein as adopted by the city council of the city of Folsom by ordinance, including, but not limited to, the Folsom Building Code, the Folsom Residential Code, the Folsom Electrical Code, the Folsom Mechanical Code, the Folsom Plumbing Code, the Folsom Energy Code, the Folsom Fire Code, the Folsom Green Standards Building Code (CALGreen), the Folsom Referenced Standards Code, the Folsom Property Maintenance Code, the Folsom Historical Building Code, Folsom Existing Building Code and the Folsom Swimming Pool, Spa and Hot Tub Code. This shall also apply to references to the “Uniform Codes” found within the Folsom Municipal Code. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.020 Authority having jurisdiction.
The chief building official of the city is designated to be the authority having jurisdiction of the Folsom construction codes. The chief building official shall administer, enforce, and render interpretations of all the provisions of this code and the referenced technical codes. The terms “code official,” “administrative authority,” “authority having jurisdiction,” and “city” are to be considered synonymous with the terms “chief building official,” “building official,” “department of building safety” and “building department” as they appear in the code or the technical codes. The city council shall budget and appropriate such city funds for the division of building safety as it may deem necessary for the proper operation of the division. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.030 Purpose.
The purpose of the Folsom Building Code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction, and certain equipment specifically regulated herein, and to provide procedures for administration and enforcement of the provisions of the Folsom construction codes and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.040 Adoption by reference.
Subject to the additions, amendments, or deletions set forth in Section 14.02.050, the California Building Code, 2022 Edition, based on the 2021 International Building Code, including Appendix Chapter I, published as Part 2, Volumes 1 and 2, Title 24, C.C.R., published by the International Code Council, is adopted and made part of this title as though fully set forth herein to provide technical requirements and the procedures for administration and enforcement of the provisions of the Folsom Building Codes. One copy of the Folsom Building Code and any and all amendments thereto shall be kept on file in the community development department and shall be available for use and examination by the public. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.045 Right of entry.
The code enforcement officer, the fire chief, the chief building official, or their designees shall be authorized to enter upon private property or public property as provided for in Section 1.09.025 to enforce the provisions of this title, or for the purpose of making any inspection, reinspection or test of any work performed pursuant to this title. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.050 Additions, amendments, or deletions to Folsom Building Code.
The Folsom Building Code is amended as follows:
CHAPTER 1, DIVISION II
A. Section 101.1 Title— Insert the words “City of Folsom” as the name of jurisdiction. This shall apply to any of the adopted codes wherever the name of the jurisdiction is to be inserted.
B. Section 101.2 Scope—Delete the words “California Residential Code” and insert, in lieu thereof, the words “Folsom Residential Code.”
C. Section 101.4 Referenced codes—Delete in its entirety and revise to read as follows:
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this Code shall be considered part of the requirements of this Code to the prescribed extent of each reference. If another code is referenced elsewhere in this Code and has not been adopted, then that section shall be considered invalid. Where there is a conflict between the administrative requirements in this Code and those in other adopted technical codes, the more restrictive or specific requirements shall apply.
Exception: Administrative requirements in the City of Folsom Fire Code.
Any references to the International Residential Code, Residential Code for One- and Two-family Dwellings, or California Residential Code shall be deleted and the words “Folsom Residential Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the National Electrical Code or California Electrical Code shall be deleted and the words “Folsom Electrical Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the International Fuel Gas Code shall be deleted and the words “Folsom Plumbing Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the International Plumbing Code or California Plumbing Code shall be deleted and the words “Folsom Plumbing Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the International Mechanical Code or California Mechanical Code shall be deleted and the words “Folsom Mechanical Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the International Property Maintenance Code shall be deleted and the words “Folsom Property Maintenance Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the International Fire Code or California Fire Code shall be deleted and the words “Folsom Fire Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the International Zoning Code shall be deleted and the words “Folsom Zoning Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the International Energy Conservation Code shall be deleted and the words “Folsom Energy Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the California Historical Building Code shall be deleted and the words “Folsom Historical Building Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the California Existing Building Code shall be deleted and the words “Folsom Existing Building Code adopted by the City of Folsom and amended from time to time” shall be inserted in lieu thereof.
Any references to the International Private Sewage Disposal Code shall be deleted.
101.4.1 Electrical. The provisions of the Electrical Code adopted by the City of Folsom and amended from time to time shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.2 Plumbing and Gas. The provisions of the Plumbing Code adopted by the City of Folsom and amended from time to time shall apply to the installation alterations, repairs and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all applicable aspects of a medical gas system. The provisions shall also apply to the installation of gas piping from the point of delivery, gas appliances and related accessories.
101.4.3 Mechanical. The provisions of the Mechanical Code adopted by the City of Folsom and amended from time to time shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems.
101.4.4 Property maintenance. The provisions of the Property Maintenance Code, adopted by the City of Folsom, and amended from time to time shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety, hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures and shall be enforced along with the requirements of Title 8, “Health, Sanitation and Welfare”, of the Folsom Municipal Code. Where there is a conflict between Title 8 of the Folsom Municipal Code and` the Folsom Property Maintenance Code, the more restrictive shall apply.
101.4.5 Fire prevention. The provisions of the Fire Code adopted by the City of Folsom and amended from time to time shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire or explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.6 California Energy Code and California Green Building Standards Code. The provisions of the California Energy Code and California Green Building Standards Code adopted by the City of Folsom shall apply to all matters governing the sustainable and energy efficiency design and construction of those structures regulated by the Folsom Construction Codes as adopted by the City of Folsom.
101.4.7 California Historical Building Code. The provisions of the California Historical Building Code adopted by the City of Folsom are intended to facilitate, by means of alternative solutions, the restoration of change of occupancy so as to preserve their original or restored architectural elements and features, to encourage energy conservation, disabled access and a cost-effective approach to preservation, and to provide for the safety of the building occupants of those structures regulated by the Folsom Construction Codes as adopted by the City of Folsom.
101.4.8 California Existing Building Code. The provisions of the California Existing Building Code adopted by the City of Folsom are intended to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations.
D. Section 105.3.1 Action on application—Add a new paragraph at the end to read: “Without approval of the Building Official, no new or additional permits shall be issued to any property or person who has any outstanding violations of this Code or any other code of this jurisdiction.”
E. Section 105.3.2 Time limit of application—Amend to read as follows:
An application for a permit for any proposed work shall be deemed to have been abandoned 9 months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one extension of time for a period not to exceed 9 months. The extension shall be requested in writing and justifiable cause demonstrated.
F. Section 105.5 Expiration—Amend to read as follows:
Every building permit shall become invalid if the work authorized by such permit has not commenced to the satisfaction of the Building Official within 12 months of permit issuance, or if work commences within 12 months and more than 180 calendar days elapses between approval of required inspections. The Building Official shall be authorized to grant one extension of time for a period not to exceed 180 calendar days for permits that have not yet expired. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on a permit after expiration, a new full permit fee shall be paid based on the current fee schedule adopted by the City. If action on an expired permit also requires an additional plan review, a full plan review shall be paid based on the current fee schedule adopted by the City.
All building permits shall be valid for up to two years after the issuance date as long as the requirements in the previous paragraph are complied with. The Building Official is authorized to extend a permit beyond this period if the work authorized by the permit is, in the opinion of the Building Official, being diligently pursued but only upon written request by the permittee and evidence acceptable to the Building Official indicating substantial progress. Review of the request and granting of an approved time extension beyond two years shall be made by the Building Official and any additional fees shall be paid based on the current fee schedule as adopted by the City.
G. Section 108.3 Building Permit Valuations--Amend to read as follows:
109.3 Building Permit Valuations. The applicant for a permit for a new building or structure or additions or alterations to an existing building or structure shall provide a reasonable estimated permit value at time of application. The value to be used in computing the building permit and building plan review fees shall be, including labor, the total of all construction work for which the permit is being issued, as well as grading, roofing, siding, electrical, plumbing, gas, heating, air conditioning, elevators, fire extinguishing systems, permanent mechanical equipment and systems as well as any other items which will require plan review and/or inspection. When permitted work includes an alteration to an existing structure, or includes work outside of the standard calculated fee areas determined by square footage cost tables, the applicant shall provide legitimate actual/contracted project costs to establish the additional non-calculated valuation of the total permitted project. Value for donated and/or discounted materials and labor shall be established at typical market rates. 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 acceptable to the Building Official.
Exceptions: The Building Official is authorized to omit the cost of land, permitting fess and finish materials that are not required for code compliance.
Final building permit valuation shall be set by the Building Official.
H. Section 109.1 Payment of fees—Add an additional paragraph to read as follows:
When submittal documents are incomplete or revised so as to require additional plan review after the second review, final review, or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate as set forth by resolution of the City Council.
I. Section 109.4 Work commencing before permit issuance—Add an additional sentence to read as follows:
The minimum investigative fee for commencing work before permit issuance shall be equal to and in addition to the amount of the normal permit fee as set forth by resolution of the City Council for the first offense and four times the amount of, and in addition to, the normal permit fee for second and subsequent offenses. The payment of such investigative fee shall not exempt any person from compliance with other provisions of this Code, the technical codes, or from any penalty prescribed by law.
J. Section 109.6 Refunds—Amend to read as follows:
Refunds. The Building Official shall be permitted to authorize refunding of a fee paid hereunder which was erroneously paid or collected.
The Building Official shall be permitted to authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.
The Building Official shall be permitted to authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
The Building Official shall not be permitted to authorize refunding of any fee paid except upon written application filed by the original permittee not later than 90 calendar days after the date of fee payment. Under no circumstances shall there be a refund of either fee if the plan review or building permit has expired.
K. Section 110 Inspections—Add additional section to read as follows:
Section 110.7 Reinspections is added as follows:
110.7 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when any of the following conditions exist:
1. Such portion of work for which inspection is called is not completely ready.
2. Previous written or verbal correction notices have not been complied with.
3. The job address is not clearly posted and clearly visible from the street or the front of the building.
4. The inspector has no access to the work to be inspected.
5. The approved plans are not readily available to the inspector.
6. The building permit, application, appropriate documents, or any previous correction notice(s) are not available at the job site.
7. Deviating from the approved plans requiring further approval of the Building Official.
This section shall not be interpreted as requiring reinspection fees the first time an inspection is not approved for failure to comply with the requirements of this Code, but as controlling the practice of scheduling inspections before the project is completely ready for such inspections, the inspection site is not accessible to the building inspector or when plans and/or permit documents are not available to the building inspector at the site where the inspection is to be performed.
To obtain a reinspection, the applicant, or his/her designee, shall first pay the reinspection fee in accordance with resolution adopted by the City Council.
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the reinspection fees have been paid.
L. Section 111.1 Use and occupancy—Amend to read as follows:
No building or structure shall be used, occupied, or furnished in whole or in part, and no change in the existing use or occupancy classification of a building or structure or portion thereof be made until the Building Official has issued a certificate of occupancy therefore 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.
M. Section 111.3—Add a second paragraph to read as follows:
Temporary occupancy may occur only upon application for a Temporary Certificate of Occupancy and the clearance for the connection of the gas and electrical utilities is granted and payment is made for the additional inspections remaining to grant final approval for occupancy of the entire building. In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official or if the building is occupied prior to receiving a Certificate of Occupancy, the Building Official shall be authorized to cause the building to be vacated and the utilities disconnected until such time as the building is completed, final inspections are conducted and a Certificate of Occupancy is issued as set forth above.
(Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.055 Violations—Nuisance.
Any violation of any code as adopted and amended by ordinance shall be, and the same is declared to be, unlawful and a public nuisance. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.060 Enforcement.
Unless otherwise set forth in this title, the chief building official or his/her designee shall enforce the provisions of this title pursuant to the provisions of Chapter 1.08 to 1.10, inclusive. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.070 Penalties.
The following penalties shall apply to any violation of a provision of this title, unless a different penalty is otherwise established by the city council and specifically set forth by ordinance:
A. A violation of any provision of this title shall be an administrative violation as defined in Section 1.08.020. In addition to enforcement by any procedure set forth in Chapters 1.08 to 1.10, inclusive, any violation of this title shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter.
C. In addition to the criminal penalty set forth in subsection A of this section, based upon the standards for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of any provision of this title shall be deemed a Level E violation, as that term is described in Section 1.09.012. The range of monetary sanctions available for violation of this chapter shall be as forth in Section 1.09.012(A)(5). (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.080 Enforcement procedures.
A. Prior to the suspension, revocation, or denial of any license or permit, the assessment of any fee, penalty, or change, or the commencement of any other enforcement action pursuant to this title, the director of the community development department shall follow the procedures as set forth in Sections 1.09.020 to 1.09.048, inclusive. The rights to judicial review set forth in Section 1.09.050 to 1.09.052, inclusive, shall apply.
B. A notice to correct or stop order shall be served in accordance with the provisions of Section 1.09.023.
1. Unless otherwise set forth in this title, if the violation that is subject of the notice to correct concerns the failure to apply for and/or obtain a valid permit, the time allowed for application for a permit shall be no less than seven calendar days and no more than thirty calendar days. A stop order shall accompany the notice to correct, and shall remain in effect pending the review of and decision on any permit application.
2. Unless otherwise set forth in this title, if the violation that is the subject of the notice to correct concerns (a) the failure to comply with conditions placed on a permit or other entitlement issue by the city or (b) a violation of any provision of this title, the time allowed to correct the violation shall be a minimum of twenty-four hours and a maximum of ninety calendar days, depending upon the type of action that will be necessary to correct the violation. If the violation creates a potential risk of harm to persons or property, a stop order may accompany the notice to correct, and shall remain in effect until the violation has been remedied to the satisfaction of the director of the community development department.
C. If the director of the community development department determines that there has been a good faith effort to correct the violation(s) set forth in a notice to correct, the director may extend the deadline for compliance for a reasonable period of time. Any such extension shall be memorialized in writing and a copy shall be sent by first class mail to all responsible persons.
D. A notice of administrative violation may be issued pursuant to the procedures established in Section 1.09.024. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)
14.02.085 Conflicts.
In the event of any conflict between this code and any law, rule, or regulation of the federal or state government, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this code. (Ord. 1336 § 2, 2023; Ord. 1298 § 2, 2020; Ord. 1268 § 2, 2016; Ord. 1188 § 2, 2013)