Chapter 15.04 CALIFORNIA BUILDING CODES

Chapter 15.04
CALIFORNIA BUILDING CODES

Sections:

15.04.010 Definitions.

15.04.020 California state codes adopted.

15.04.030 Copies on file.

15.04.040 Conflicting provisions deleted.

15.04.050 Amendments to the California Code of Regulations (CCR).

15.04.060 Contractor’s license/workman’s compensation.

15.04.070 Owner-builder, unlicensed persons - limitations.

15.04.080 Dangerous and insanitary construction.

15.04.090 Additional building code requirements.

15.04.100 Additional electrical code requirements.

15.04.115 Enforcement - in general.

15.04.120 Appeals of administrative decisions.

15.04.130 Enforcement - right of entry.

15.04.140 Enforcement - arrest powers.

15.04.150 Emergency enforcement.

15.04.160 Violation - penalty.

15.04.010 Definitions.

Certain words and phrases are defined in this section to clarify their use in this chapter and in the California Building Code. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.

1. “Building Official” means and includes the Building Official of the City and his authorized representatives.

2. “Building site” means and includes the land occupied or to be occupied by a structure or accessory structure, together with any minimum distance between buildings and property lines required by this chapter or this code.

3. California Code of Regulations, Title 24. The 2022 triennial edition of Title 24, California Code of Regulations (CCR) consists of the following twelve (12) parts:

a. Part 1 – California Building Standards Administrative Code.

b. Part 2 – California Building Code (Volumes 1 and 2), including Appendix Chapters 1 (Administration), C (Agricultural Buildings), H (Signs), I (Patio Covers), and J (Grading).

c. Part 2.5 – California Residential Building Code including Appendix Chapters AH (Patio Covers), AJ (Existing Buildings), AK (Sound Transmission), AO (Automatic Vehicular Gates), AT (Solar Ready Provisions), and AX (Swimming Pool Safety Act).

d. Part 3 – California Electrical Code.

e. Part 4 – California Mechanical Code.

f. Part 5 – California Plumbing Code.

g. Part 6 – California Energy Code – including appendix.

h. Part 7 – (No longer published in Title 24. See Title 8, CCR).

i. Part 8 – California Historical Building Code – including appendix.

j. Part 9 – California Fire Code.

k. Part 10 – California Existing Building Code.

l. Part 11 – California Green Building Standards Code (CALGreen Code).

m. Part 12 – California Reference Standards Code.

4. “California Building Standards Administrative Code” means that certain document in book form entitled “California Building Standards Administrative Code,” California Code of Regulations, Title 24, Part 1, 2022 Edition, published by the International Code Council (ICC) for the state of California.

5. “California Building Code” means that certain document in book form entitled “California Building Code,” California Code of Regulations, Title 24, Part 2 (Volumes 1 and 2), 2022 Edition, published by the International Code Council (ICC) for the state of California including Appendices C, H, I, and J thereof.

6. “California Residential Code” means that certain document in book form entitled “California Residential Code,” California Code of Regulations, Title 24, Part 2.5, 2022 Edition, published by the International Code Council (ICC) for the state of California including Appendices AH, AJ, AK, AO, AT, and AX thereof.

7. “California Electrical Code” means that certain document in book form entitled “California Electrical Code,” California Code of Regulations, Title 24, Part 3, 2022 Edition, published by the International Code Council (ICC) for the state of California.

8. “California Fire Code” means that certain document in book form entitled “California Fire Code, California Code of Regulations,” Title 24, Part 9, 2022 Edition, published by the International Code Council for the state of California.

9. “California Fire Code Referenced Standards” means that certain document in book form entitled “California Fire Code,” California Code of Regulations, Title 24, Part 9, Chapter 80, “Referenced Standards,” 2022 Edition, published by the International Code Council for the state of California.

10. “California Green Building Standards Code” means that certain document in book form entitled “California Green Building Standards Code,” California Code of Regulations, Title 24, Part 11, 2022 Edition, published by the International Code Council for the state of California.

11. “California Mechanical Code” means that certain document in book form entitled “California Mechanical Code,” California Code of Regulations, Title 24, Part 4, 2022 Edition, published by the International Code Council for the state of California including Appendices B, C, D, F and G thereof.

12. “California Plumbing Code” means that certain document in book form entitled “California Plumbing Code,” California Code of Regulations, Title 24, Part 5, 2022 Edition, published by the International Code Council for the state of California including Appendices A, B, C, D, E, G, H, I, J, and K thereof.

13. “California Referenced Standards” means that certain document in book form entitled “California Referenced Standards Code,” California Code of Regulations, Title 24, Part 12, 2022 Edition, published by the International Code Council (ICC) for the state of California.

14. “Chief” or “Chief of the Fire Department” or “Fire Chief” means and includes the Chief of the Cosumnes Community Services District and his authorized representatives.

15. “Chief of Police” or “Police Department” means and includes the Chief of Police of the City and his authorized representatives.

16. “City” or “jurisdiction” or “municipality” means the City of Galt.

17. “Code” means and includes, depending upon the context of its use, this code, or any statute, or any published compilation of rules, regulations or standards adopted by the federal government or the state or by any agency of either of them. “Code” includes any nationally recognized or approved published compilations of proposed rules, regulations, or standards of any private organization or institution that has been in existence for a period of at least three (3) years.

18. “Conditional permit requirements” means a condition imposed upon issuance of any building permit, when the total valuation of all work has been determined by the Building Official to exceed twenty thousand dollars ($20,000.00), that complete frontage improvements shall be required, or where, as determined by the City Engineer, existing improvements are damaged, in disrepair, or out of compliance with current City improvement standards and/or California State Title 24 Accessibility Standards, shall then necessitate repair, replacement, and reconstruction to the satisfaction of the City Engineer. Design and construction shall comply with current City improvement standards, upon approval by the City Engineer.

Where the applicant applies for a building permit with a valuation greater than twenty thousand dollars ($20,000.00) and for which there is an existing structure on the property and where the permit value is less than fifty percent (50%) of the market value of the existing structure, the total value of the frontage improvements required by the City Engineer shall not exceed twenty percent (20%) of the total valuation of all work for the building permit as determined by the Building Official.

a. Exception: Repair and maintenance permits, or where condition(s) exist which makes strict application of this section a hardship or impractical, and as recommended by the City Engineer, the City Council may waive or defer this section. Applicant shall compensate City of Galt to prepare the waiver/deferral agreement equal to the fee as specified by resolution for appeals to City Council or Planning Commission. The preceding exception shall not apply if a repair or maintenance permit is pulled for work on the sanitary sewer or water supply system exterior of the structure, in which case the applicant is to bring said systems up to current standards in terms of access and maintainability as required by the City Engineer.

19. “Definition fence,” for the purpose of this chapter, means a barrier intended to prevent intrusion or to mark a boundary for one (1) and two (2) family dwellings. A definition fence shall not be subject to permit requirements unless the total height exceeds six (6) feet and/or the Building Official, upon investigation, determines that such work would pose a threat to health, welfare, or safety.

20. “Frontage improvements,” for the purposes of this chapter, means and includes, but is not limited to, curb, gutter, sidewalk, pavement as necessary, utilities, street lights, dedication of right-of-way, or any other items as may be required by the City Engineer.

21. “Fire Department” means the Cosumnes Community Services District.

22. “Health Officer” means and includes the County Health Officer for Sacramento County and his authorized representatives.

23. “Master plan project” means and includes projects, consisting of single-family dwellings with a minimum of ten (10) units to be constructed, of which at least five (5) units shall be constructed to the same plan and specifications. For a master plan project, the developer/contractor may submit three (3) sets of drawings and specifications, as required by the Building Official, for the units which are to be constructed to the same plans and specifications. These shall undergo a standard plan check and, when approved, shall be given a unique master plan number, and shall serve for all units to be constructed to the same plans and specifications. If such plans and specifications are changed, modified, or altered in any way, they shall be resubmitted for plan check, and such resubmittal shall be considered a new application for a building permit for purposes of meeting all requirements and costs. Repeated or continuous changes, modifications, or alterations may, in the sole discretion of the Building Official, cause revocation of master plan status. Approved plans and specifications for master plan projects shall be valid only for the code cycle for which they were approved.

24. “Miscellaneous permits” means and shall include, but not be limited to, the following: a single and specific plumbing, electrical, mechanical permit, or as may be determined by the Building Official.

25. “National Electrical Code (NEC)” means that certain document in book form entitled National Electrical Code, 2023 Edition, published by the National Fire Protection Agency (NFPA).

26. “Paving” means, but is not limited to, artificially covered surface of a public or private thoroughfare, driveway or parking area of an asphaltic composition used for pavements and as a waterproof cement.

27. “Permit valuation” means the value to be used to formulate the building permit fees and building plan review fees and shall be the total value of all construction work for which the permit is issued, including, but not limited to, finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and all equipment necessary for a complete building, structure or project; and shall also include contractor/developer profit.

28. Pools, Spas, Jacuzzis. For the purposes of this code, newly constructed “pools,” “spas,” “Jacuzzis,” and similar items by any other name notwithstanding, may not be located within ten (10) feet of any structure or property line, measured to the water line, unless designed by a licensed engineer or architect, when such design includes the structural loads and surcharge of the existing structure within the bearing plain of such pool, spa, Jacuzzi and similar items. Notwithstanding the above, a temporary pool, storable pool, spa, or Jacuzzi may be so located without formal design, if approved by the Building Official. Notwithstanding the above, no such structure shall be located within four (4) feet of a structure or property line. This subsection shall require prior approval of the Building Official.

29. “Primary code” means and includes any code that is directly adopted by reference, in whole or its part, by this chapter.

30. “Published” means issued in print, lithographed, multigraph, mimeographed or similar form.

31. “Secondary code” means and includes any code that is incorporated by reference, directly or indirectly, in any primary code or in any secondary code.

32. “Shade shelters” means one (1) story structures not exceeding twelve (12) feet in height which have no enclosure walls, and a roof covering consisting of round or rectangular openings of not less than a one (1) inch minimum dimension in any direction, similar to a lattice-style design.

33. “Specific permits” means and includes, but is not limited to, repair, remodel, re-roof, siding, insulation, solar heating or work of any other type or nature not specifically listed in this chapter or in the state codes, but which by the nature of the work would require permitting, inspection and/or approval by the Building Official.

34. “Storable” means a pool with a maximum dimension of eighteen (18) feet and a maximum wall height of forty-two (42) inches, so constructed that it may be readily disassembled for storage and reassembled to its original integrity. A pool with nonmetallic inflatable walls regardless of dimensions is considered to be a storable pool.

35. “Uniform Building Security Code” means that certain document in book form entitled “Uniform Building Security Code,” 1997 Edition, published by the International Conference of Building Officials.

36. “Uniform Code for the Abatement of Dangerous Buildings” means that certain document in book form entitled “Uniform Code for the Abatement of Dangerous Buildings,” 1997 Edition, published by the International Conference of Building Officials.

37. “Uniform Code for Building Conservation” means that certain document in book form entitled “Uniform Code for Building Conservation,” 1997 Edition, published by the International Conference of Building Officials.

38. “Uniform Housing Code” means that certain document in book form entitled “Uniform Housing Code,” 1997 Edition, published by the International Conference of Building Officials.

39. “Uniform Swimming Pool, Spa and Hot Tub Code” means that certain document in book form entitled “Uniform Swimming Pool, Spa and Hot Tub Code,” 2021 Edition, published by the International Association of Plumbing and Mechanical Officials.

40. “Wall” means and includes “wall” as defined in the California Building Code, Part 1, Chapter 1, Division 1 and, additionally, means and includes all fences; i.e., subdivision boundary wall/fence, decorative fence/wall, or by any other name notwithstanding. Except as otherwise permitted in this chapter for definitional fences, all such walls must have permits. The Building Official may waive this requirement when it can be demonstrated beyond a reasonable doubt that such work will not create a threat to health, welfare, or safety.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.020 California state codes adopted.

“California Code of Regulations, Title 24,” 2022 Edition, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12, the Uniform Building Security Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Housing Code, the Uniform Code for Building Conservation and the Uniform Swimming Pool, Spa and Hot Tub Codes are adopted by reference, except such portions as are hereinafter deleted or amended.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.030 Copies on file.

At least one (1) copy of each primary code and of each secondary code pertaining thereto, all certified to be true copies by the Building Official, shall be filed at the Building Department office and shall be kept there for public inspection during regular business hours.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.040 Conflicting provisions deleted.

Any provisions of the California codes, or of any secondary codes pertaining thereto, that are in conflict or inconsistent with, or the subject matter of which is regulated by, the laws of the state are deleted therefrom and are not adopted.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.050 Amendments to the California Code of Regulations (CCR).

A. California Building Code, Part 2, Chapter 1, Scope and Administration, is amended to read as follows:

1.st Section 105.2. Exempted work.

a. Item #1; insert at the end of the sentence “, and is not more than 12 feet at the highest point above the actual adjoining ground level.”

b. Insert Item #14. Shade shelters where approved by the Building Official.

B. California Building Code, Part 2, Chapter 1, Scope and Administration, is amended to read as follows:

1. Section 109.2.1 Permit Fees. The fee for each permit shall be in an amount as set forth in the schedule of fees and charges for building and construction related services established by the city council from time to time by resolution.

2. Section 109.2.2 Plan Review Fees. When documents are submitted for plan review as required by this code, a plan review fee shall be paid at the time of submittal. The plan review fee is separate from and in addition to the permit fees specified in this section. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee maybe be charged.

3. Section 109.3.1 Valuations. The determination of permit value or valuation under any of the provisions of these codes shall be made by the Building Official.

a. The Building Official may use as a reference for determining valuation the most current schedule of “Building Valuation Data” published bi-annually in the International Code Council (ICC) publication “Building Standards” (a copy of such schedule shall be posted in the office of the Building Official for public inspection during regular business hours) or where there is no new construction building valuation for separate, miscellaneous permits such as plumbing, mechanical, electrical, pools, spas, re-roof, etc. Reference material may also include any nationally recognized construction cost estimator publications, signed contract agreements and/or by any other means available upon approval of the Building Official.

4. Section 109.6.1 Refund Policy. The Building Official may authorize the refunding of not more than 50 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. Further, the Building Official may authorize the refunding of not more than 50 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 plan reviewing is done.

5. Section 109.7 Work commencing before permit issuance. Any person who shall commence any work for which a permit is required by this code without first having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay 3x the permit fee for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a 3x fee as herein provided shall be charged.

C. California Building Code, Part 2, Chapter 5, General Building, is amended to read as follows:

1. Section 501.2 Address Identification. Where required by the Building Official and/or Fire Code Official...

2. Section 501.2.1 Illumination of Address. Address identification shall be illuminated internally or externally to the satisfaction of the Code Official.

D. California Building Code, Part 2, Chapter 19, Concrete, is amended to read as follows:

1. Section 1907 Minimum Slab Provisions.

a. Section 1907.2 Capillary Break. When a vapor retarder is required, a capillary break shall be installed; a minimum of 4 inches of clean, well graded, crushed rock or gravel (3/8 inch minimum to l-l/2 inch maximum size).

b. Section 1907.3 Slab Reinforcement. The Building Official may require concrete floors to be reinforced with a minimum of 6 x 6 - 10/10 WWF (wire mesh) at mid height of new slab when soil conditions warrant such reinforcement.

E. California Building Code, Part 2, Appendix J, Grading, is amended to read as follows:

1. Section J108.3.1 Retaining Walls. Slope protection retaining wall(s) for erosion and/or drainage control shall be required when there exists between properties a ground elevation difference of plus or minus twelve (12) inches. Retaining walls shall be designed to City specifications.

Exceptions:

a. Where drainage and erosion control has been designed by a registered civil engineer and approved by the Building Official.

F. California Residential Code, Part 2.5, Chapter 1, Administration, is amended to read as follows:

1. Section 108.2.1 Permit Fees. The fee for each permit shall be in an amount as set forth in the schedule of fees and charges for building and construction related services established by the city council from time to time by resolution.

2. Section 108.2.2 Plan Review Fees. When documents are submitted for plan review as required by this code, a plan review fee shall be paid at the time of submittal. The plan review fee is separate from and in addition to the permit fees specified in this section. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee maybe be charged.

3. Section 108.3.1 Valuations. The determination of permit value or valuation under any of the provisions of these codes shall be made by the Building Official.

4. Section 108.5.1 Refund Policy. The Building Official may authorize the refunding of not more than 50 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. Further, the Building Official may authorize the refunding of not more than 50 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 plan reviewing is done.

5. Section 108.6 Work commencing before permit issuance. Any person who shall commence any work for which a permit is required by this code without first having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay 3x the permit fee for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged.

G. California Residential Code, Part 2.5, Chapter 3, Building Planning, is amended to read as follows:

1. Section 319.2 Illumination of Address. Address identification shall be illuminated internally or externally to the satisfaction of the code official.

H. California Electrical Code, Part 3, Article 89, General Code Provisions, is amended to read as follows:

1. Article 89.108.4.2 Fees. The fee for each permit shall be in an amount as set forth in the schedule of fees and charges for building and construction related services established by the city council from time to time by resolution.

2. Article 89.108.4.2.1 Plan Review Fees. When documents are submitted for plan review as required by this code, a plan review fee shall be paid at the time of submittal. The plan review fee is separate from and in addition to the permit fees specified in this section. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee maybe be charged.

I. California Mechanical Code, Part 4, Chapter 1, Administration, is amended to read as follows:

1. Section 104.3.2 Plan Review Fees. When documents are submitted for plan review as required by this code, a plan review fee shall be paid at the time of submittal. The plan review fee is separate from and in addition to the permit fees specified in this section. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee maybe be charged.

2. Section 104.5. Fees. The fee for each permit shall be in an amount as set forth in the schedule of fees and charges for building and construction related services established by the city council from time to time by resolution.

3. Section 104.5.1.1 Work commencing before permit issuance. Any person who shall commence any work for which a permit is required by this code without first having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay 3x the permit fee for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged.

4. Section 104.5.3.1 Refund Policy. The Building Official may authorize the refunding of not more than 50 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. Further, the Building Official may authorize the refunding of not more than 50 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 plan reviewing is done.

5. Section 104.6 Valuations. The determination of permit value or valuation under any of the provisions of these codes shall be made by the Building Official.

J. California Plumbing Code, Part 5, Chapter 1, Administration, is amended to read as follows:

3. Section 104.5.1.1 Work commencing before permit issuance. Any person who shall commence any work for which a permit is required by this code without first having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay 3x the permit fee for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the building official that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged.

5. Section 104.6 Valuations. The determination of permit value or valuation under any of the provisions of these codes shall be made by the Building Official.

K. Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

1. Section 205(a) General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the Board shall be processed in accordance with the provisions contained in section 501 of this code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official, who shall make them freely accessible to the public. Alternatively, the governing body, ex officio, may serve as the Board of Appeals in lieu of appointing a separate body.

2. Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code.

L. Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows:

3. Section 104.5.1.1 Fee for work commencing before permit issuance. Any person who shall commence any work for which a permit is required by this code without first having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay 3x the permit fee for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged.

5. Section 104.6 Valuations. The determination of permit value or valuation under any of the provisions of these codes shall be made by the Building Official.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.060 Contractor’s license/workman’s compensation.

A. Every developer, contractor, subcontractor, or other person(s) as required by Chapter 9, beginning with Section 7000, of the California Business and Professions Code, shall maintain in good standing, a valid contractor’s license, specific to the work to which he is licensed for, and a current, in good standing, workman’s compensation policy on file with the City Building Safety Department, prior to issuance of a building permit, on all construction work for which a permit is required. Such license and policy shall be maintained throughout the performance of the work for which the building permit is issued.

B. Failure to Comply. Failure to comply with this section shall constitute a violation of this code, subject to all penalties contained therein. In addition, the Building Official shall, upon an inspection request, deny such request to that portion of work which was performed by such person(s) who is in violation of this section. In addition, the Building Official may revoke the building permit. The Building Official may also deny subsequent inspection requests as long as such violation exists, unless the Building Official has determined that the permit holder has reestablished such license and/or policy and is in full compliance with this section.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.070 Owner-builder, unlicensed persons - limitations.

A. No permit shall be issued to any person to do any plumbing, drainage, mechanical, electrical, framing, structural, grading or demolition work regulated by this chapter, or any other work for which state law or this code requires a license, unless such person shall have a valid license to perform such work obtained pursuant to the provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. This chapter does not apply to any of the following:

1. An owner of property, building or improving structures thereon, or appurtenances thereto, who does the work himself or herself or through his or her own employees with wages as their sole compensation, provided none of the structures, with or without the appurtenances thereto, are intended or offered for sale;

2. An owner of property, building or improving structures thereon, or appurtenances thereto, who contracts for such a project with a subcontractor(s) licensed pursuant to this chapter. However, this exemption shall apply to the construction of single-family residential structures only if four (4) or fewer of these structures are intended or offered for sale in a calendar year. This limitation shall not apply if the owner of property contracts with a general contractor for the construction;

3. A homeowner improving his or her principal place of residence or appurtenances thereto; provided, that all of the following conditions exist:

a. The homeowner has actually resided in the residence for the twelve (12) months prior to completion of the work;

b. The homeowner has not availed himself or herself of the exemption in this subsection on more than two (2) structures more than once during any three (3) year period;

4. Prior to issuing a permit to a person who is exempted from the application of Chapter 9 by Section 7044 or 7048 of the Business and Professions Code, the person shall furnish proof of the facts which entitle him to the exemptions;

B. Additionally, no permit shall be issued to any person required by Title 5 to have a business license, and/or to pay a contractor’s license tax, until such license is obtained, and tax paid.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.080 Dangerous and insanitary construction.

A. Whenever it is brought to the attention of the department having jurisdiction that any insanitary conditions exist or that any construction or work regulated by this code is dangerous, unsafe, insanitary, a nuisance or a menace to life, health or property or otherwise in violation of this code, the department may request an investigation by the Building Official who, upon investigation, may require the firm, or person, or corporation using the structure in which such conditions exist or maintaining any such condition or responsible for the use or maintenance thereof, to discontinue the use or maintenance thereof, or to repair, alter, change, remove or demolish same as the Building Official may consider necessary for the proper protection of life, health or property and, in the case of any gas piping or gas appliances, may order any person, firm or corporation supplying gas to such piping or appliance to discontinue supplying gas thereto until the piping or appliance is made safe.

B. Temporary Pool Fencing and Enclosure Requirements. Temporary fencing, approved by the Building Official, shall be required during all phases of construction or installation where excavation occurs. Fence shall remain in place until final approval. Exception: Where approved by the Building Official, a property-line fence or wall which encloses the area where the pool is located and in which all gate(s) are self-closing and locking shall meet the intent of this section.

C. Temporary Sanitation Requirements.

1. Portable restrooms shall be required on all construction sites where building permits are issued. The minimum number of required portable restrooms per subdivision, development or project is as follows:

a. Residential Construction. One (1) to ten (10) units/permits shall require a minimum of one (1) portable restroom, and every ten (10) units/permits or fraction thereof shall require a minimum of one (1) additional portable restroom.

b. Commercial/Industrial. Zero (0) to twenty thousand (20,000) square feet of covered area shall require a minimum of one (1) portable restroom, and every additional twenty thousand (20,000) square feet or fraction thereof shall require a minimum of one (1) additional portable restroom. Exception: When suitable sanitary facilities are available and approved by the Building Official, portable restrooms may not be required.

c. All portable restrooms shall be maintained in a safe and sanitary condition, and shall be centrally located on the construction site at all times.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.090 Additional building code requirements.

A. Paving Permit. No paving or striping shall commence, whether new construction, reconstruction, or repair, unless a permit has been obtained from the Building Official.

Exceptions:

1. One (1), two (2) and three (3) family residential use areas;

2. Where recommended by the City Engineer and approved by the Building Official.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.100 Additional electrical code requirements.

A. Electric Fences. Except as hereinafter provided, it is unlawful for any person to construct or maintain any spring gun, or any electrical wiring or device, designed or intended to injure or shock animals or persons, or any contrivance or apparatus for such purpose, except: Where it is approved by zoning regulations to have livestock, any contrivance or mechanism used to control electric current in electrified fences for the purpose of confining and controlling or confining livestock shall be a unit approved by a recognized testing laboratory which includes a suitable interrupting device and such other safety devices as may be necessary to prevent dangerous currents getting on the fence at any time. An electrical fence to which the public may have access, with the exception of cross fences or interior fences, shall be posted with a warning notice containing the following words, or similar wording: “DANGER ELECTRIC FENCE” or “DANGER HIGH VOLTAGE.”

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.115 Enforcement - in general.

The Building Official, and his authorized representatives, are empowered, and it shall be their duty, to enforce the provisions of the California codes and of this chapter. It shall be the duty of the Fire Prevention Bureau, in conjunction with the Building Official, to enforce the provisions of the California Fire Code and all other laws, ordinances, or regulations concerning fire prevention within the City. The Health Officer shall assist in the enforcement of the provisions of the California codes and of this chapter when requested to do so in writing by the Building Official.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.120 Appeals of administrative decisions.

All Uniform and California codes defined in Section 15.04.010 and adopted by reference in Section 15.04.020, having reference to a Board of Appeals and/or appeal process, are amended by substituting the following appeal process for any such reference:

All appeals of administrative decisions regarding the use of alternative materials and interpretations or decisions pertaining to the Uniform and California codes referenced above shall be submitted to a Hearing Officer, in accordance with the provisions of Chapter 21.03. The Hearing Officer shall prepare a recommended decision, including any findings or conclusions required for that decision, and shall submit that recommendation and the record to the City Clerk for presentation and consideration by the City Council. The City Council may adopt, reject or modify the recommended findings, conclusions and decision. The determination of the City Council shall be final and binding.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.130 Enforcement - right of entry.

Any person whose duty it is to enforce the provisions of the Uniform and California codes defined in Section 15.04.010 and adopted by reference in Section 15.04.020 may, at any reasonable time, enter upon private property for such purpose. It is unlawful for any person to interfere with, oppose or resist any authorized person enforcing the provisions of the Uniform and California codes and of this chapter.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.140 Enforcement - arrest powers.

Pursuant to the provisions of California Penal Code Section 836.5, the Building Official, and his authorized representatives, are authorized to arrest without a warrant and issue a written notice to appear whenever they have reasonable cause to believe that the person to be arrested has committed a misdemeanor in their presence which is a violation of this chapter or a violation of any other ordinance or statute which they have a duty to enforce.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.150 Emergency enforcement.

Whenever, in the opinion of the Building Official, the Fire Chief, the City Engineer, and/or the Chief of Police, there exists a real and imminent danger of injury or death to persons, or damage to property, because of the threat of collapse, partial or total, explosion, fire or other danger, due to the condition of any structure, the Building Official, with the concurrence of the City Manager, may order the immediate vacation of such structure, if occupied, and may order the immediate abatement of the dangerous condition or threat by any appropriate means, including, but not limited to, demolition of the structure. Reasonable attempts to contact the owner of the structure, or other person responsible for the structure, and to have the abatement performed by such owner or other person responsible, shall be made, but failure to locate such owner or other person responsible, or failure or refusal by the owner to perform such abatement shall not prevent the abatement by the City. Any action taken pursuant to this section shall be reported to the City Council at the next regular meeting of the City Council. The costs of such abatement may be charged to the owner of the structure so abated, and/or to the person responsible for the dangerous condition, if so directed by the City Council.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)

15.04.160 Violation - penalty.

Any person who violates or fails to comply with any of the provisions of the California codes or of this chapter, or who violates or fails to comply with any order or regulation made thereunder, or who violates any provisions of a certificate or permit issued thereunder, shall be guilty of an infraction for the first such violation and shall be guilty of a misdemeanor for the second and any further violations within twenty-four (24) months of the first violation. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified in any citation or notice of violation, each day, or portion thereof, that such violations or defects continue shall constitute a separate offense. The application of the provisions of this section shall not be held to prevent the enforced removal of prohibited conditions.

(Ord. 2022-10, Repealed and Replaced, 12/06/2022)