Chapter 15.04 BUILDING CODE REGULATIONS

The purpose of this title is to provide for the administration and enforcement of the California Code of Regulations Title 24 codes, the technical codes, and other approved codes adopted by the city of Hughson as part of this title. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.011 Scope.

The provisions of this title shall serve as the administrative, organizational and enforcement rules and regulations for the California Code of Regulations Title 24 which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the city. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.012 Compliance with title provisions required.

It shall be unlawful for any person 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 or suffer the same to be done, in violation of this title or in violation of any of the provisions of the codes adopted hereunder. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.013 Cross-references to technical code.

The provisions of this chapter and the Title 24 codes contain cross-references to the provisions of the international codes, the uniform codes or other approved codes promulgated by industry authorities in order to facilitate reference and comparison to those provisions. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.014 Application to the city.

The name “city of Hughson” is inserted in any and all blank spaces provided in the California Building Code for the name of the city adopting such code, and wherever the word “city” as “jurisdiction” appears in the code or is otherwise used, it shall mean and refer to the city of Hughson. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.015 Unsafe buildings, structures and equipment.

Buildings, structures and equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed unsafe.

All such unsafe buildings, structures or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the authorities and procedures set forth in Chapter 1.17 HMC. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

Article II. Organization and Enforcement

15.04.020 Powers and duties of building official.

A. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the building official shall have the powers of a law enforcement officer.

B. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental administrative regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code.

C. The city hereby delegates the enforcement of building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R, Division 3 dwellings, as described in Section 310.1 of Part 2 of the California Building Standards Code, to the chief building official of the city, or his or her authorized representative.

D. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.

E. Whenever any work is being done contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work.

F. The building official has the authority and powers necessary to determine whether a violation of the code exists and the authority to take appropriate action to gain compliance with the provisions of this code and applicable state codes. These powers include the power to issue administrative citations, notice and orders, correction notices, stop work orders and civil penalties and administrative fines authorized under Chapter 1.17 HMC. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.021 Right of entry.

When it is necessary to make an inspection to enforce the provisions of this code, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition that is contrary to or in violation of this code that makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.022 Occupancy violations.

Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.023 Liability.

This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.024 Modifications.

When there are practical difficulties involved in carrying out the provisions of this code, the building official may grant modifications for individual cases. The building official shall first find that a special individual reason makes the strict letter of this code impractical, and that the modification is in conformance with the intent and purpose of this code and that such modification does not lessen any fire-protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the code enforcement agency. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.025 Alternate materials, alternate design and methods of construction.

The provisions of this code are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by this code, provided any alternate has been approved and its use authorized by the building official.

The building official may approve any such alternate, provided the building official finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.026 Tests.

Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the building official may require tests as proof of compliance to be made at no expense to this jurisdiction.

Test methods shall be as specified by this code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the building official shall determine test procedures.

All tests shall be made by an approved agency. Reports of such tests shall be retained by the building official for the period required for the retention of public records. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.027 Cooperation of other officials and officers.

The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code or other pertinent law or ordinance. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.028 Violation – Penalties.

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, enlarges, alters, repairs, moves, improves, removes, converts, demolishes, equips, uses, occupies or maintains any building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties prescribed under Chapter 1.17 HMC which are in addition to all other legal remedies, civil or criminal, which may be pursued by the city. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

Article III. Codes Adopted

15.04.030 Title 24 codes adopted.

A. Adoption of Part 1 – 2022 California Building Standards Administrative Code. In book form, as published by the International Code Council as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson building standards administrative code. A copy of said code is on file in the office of the building official of the city.

B. Adoption of Part 2 – 2022 California Building Code. In book form, in two volumes as published by the International Code Council, together with Appendices Chapter G – Flood-Resistant Construction, Chapter H – Signs, Chapter I – Patio Covers, Chapter J – Grading, Chapter K – Central Valley Flood Protection Plan, and Chapter P – Emergency Housing, and subsequent additions and editions thereto as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson building code. A copy of said code is on file in the office of the building official of the city.

C. Adoption of Part 2.5 – 2022 California Residential Code. In book form, as amended in this title and including all the appendices with the exception of Appendix AL – Permit Fees, and subsequent additions and editions thereto as published by the International Code Council as adopted and amended by the California Building Standards Commission is hereby adopted as the city of Hughson residential code. A copy of said code is on file in the office of the building official of the city.

D. Adoption of Part 3 – 2022 California Electrical Code Including Appendices. In book form, as published by the National Fire Protection Association as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson electric code. A copy of said code is on file in the office of the building official of the city.

E. Adoption of Part 4 – 2022 California Mechanical Code. In book form as amended in this title and including all appendices, as published by the International Association of Plumbing and Mechanical Officials as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson mechanical code. A copy of said code is on file in the office of the building official of the city.

F. Adoption of Part 5 – 2022 California Plumbing Code. In book form as amended in this title and including all appendices, as published by the International Association of Plumbing and Mechanical Officials as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson plumbing code. A copy of said code is on file in the office of the building official of the city.

G. Adoption of Part 6 – 2022 California Energy Code. In book form, as published by the International Code Council as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson energy code. A copy of said code is on file in the office of the building official of the city.

H. Adoption of Part 8 – 2022 California Historical Building Code. In book form, as amended by the Hughson Fire Protection District, and as published by the International Code Council as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson historical building code. A copy of said code is on file in the office of the building official of the city.

I. Adoption of Part 9 – 2022 California Fire Code. In book form, as amended by the Hughson Fire Protection District and as published by the International Code Council as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson fire code. A copy of said code is on file in the office of the building official of the city.

J. Adoption of Part 10 – 2022 California Existing Building Code. In book form, as published by the International Code Council as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson’s existing building code. A copy of said code is on file in the office of the building official of the city.

K. Adoption of Part 11 – 2022 California Green Standards Code and the Tier 1 Provisions of Appendix A4. In book form, as published by the International Code Council as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson green standards code. A copy of said code is on file in the office of the building official of the city.

L. Adoption of Part 12 – 2022 California Referenced Standards Code. In book form, as published by the International Code Council as adopted and amended by the California Building Standards Commission, is hereby adopted as the city of Hughson referenced standards code. A copy of said code is on file in the office of the chief building official of the city.

M. Adoption of Uniform Housing Code, 1997 Edition. For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the city, the Uniform Housing Code, 1997 Edition (Title 25 of the California Code of Regulations pursuant to Sections 17958, 17958.5, 17958.7, 17958.9 and 17959 of the California Health and Safety Code), published by the International Conference of Building Officials, and subsequent additions and editions thereto, one copy of which is on file in the office of the city clerk for public record and inspection, is hereby adopted by reference and made part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter, and said code shall be known as the housing code of the city of Hughson.

N. Adoption of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition. For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the city, the Uniform Code for Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, and subsequent additions and editions thereto, one copy of which is on file in the office of the city clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter, and said code shall be known as the dangerous buildings code for the city of Hughson. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

Article IV. Permits

15.04.035 Permits required.

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.036 Annual permit.

In lieu of an individual permit for each alternation to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.

The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.037 Work exempt from permit.

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

A. Building.

1. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2).

2. Fences not over seven feet (2,134 mm) high.

3. Oil derricks.

4. Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

5. Water tanks are supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, do not exceed 5,000 gallons (18,927 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings or other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies.

13. Non-fixed and moveable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.

B. Electrical.

1. Repairs and Maintenance. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and Television Transmitting Stations. The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installation of towers and antennas.

3. Temporary Testing Systems. A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

C. Gas.

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

D. Mechanical.

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling equipment.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (five kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.

E. Plumbing.

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.036)

15.04.038 Emergency repairs.

Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working day to the building official. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.037)

15.04.039 Repairs.

Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.038)

15.04.040 Public service agencies.

A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.039)

15.04.041 Application for permit.

To obtain a permit, the applicant shall first file an application in writing on a form furnished by the department of building safety for that purpose. Every such application shall:

A. Identify and describe the work to be covered by the permit for which application is made.

B. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

C. Indicate the use or occupancy for which the proposed work is intended.

D. Be accompanied by plans, diagrams, computations and specifications and other data as required in this chapter.

E. State the valuation of the proposed work.

F. Be signed by the applicant, or the applicant’s authorized agent.

G. Give such other data and information as may be required by the building official. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.040)

15.04.042 Action on application.

The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the required pertinent laws, the building official shall reject such application in writing, stating the reason(s) for rejection. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit as soon as practicable. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.041)

15.04.043 Time limitation and expiration.

A. Permit Application. An application for which no permit is issued within 12 months following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official is authorized to extend the time for action by the applicant for a period not to exceed 180 days upon request by the applicant. A second extension not exceeding 180 days may be granted by the building official under the following conditions:

1. The applicant submits a written request for such extension showing justifiable cause;

2. There have been no changes to any of the governing codes under which the plans were originally submitted since the original date of application;

3. An administrative fee as established must be paid at the time the second extension is granted.

No further application extensions will be granted after a second extension.

B. Permit. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site for such permit is suspended or abandoned for a period of 180 days after the time the work is commenced.

The building official may reactivate a permit which has become invalid (either expired or inactive), upon written request by the permit holder, under the following conditions:

1. The suspension or abandonment of work has not exceeded one year;

2. There have been no changes to any of the governing codes under which the permit was originally issued during the time since the permit became invalid;

3. An administrative fee as established must be paid at the time an extension is granted.

The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

Any permit holder with an unexpired permit may submit a written request for an extension of the time within which work may commence under that permit. The building official may extend the time for action for a period not exceeding 180 days if the request demonstrates circumstances are beyond the control of the permit holder. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.042)

15.04.044 Validity.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give the authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinance of this jurisdiction. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.043)

15.04.045 Suspension or revocation.

The building official is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.044)

15.04.046 Placement of permit.

The building permit or copy shall be kept on the site of the work until the completion of the project. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007. Formerly 15.04.045)

Article V. Construction Documents

15.04.050 Submittal documents.

Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.051 Information on construction documents.

Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.

The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Group R-2, R-3, and 1-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the wall envelope as required, including flashing, intersections with dissimilar materials, corners, end detail, control joints, intersections at roofs, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer’s installation instructions and provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.052 Site plan.

The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirements for a site plan when the application for a permit is for alteration or repair or when otherwise unwarranted. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.053 Phased approval.

The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted; provided, that adequate information and detailed statements have been filed complying with pertinent requirements of this code; and provided, that all fees as specified in the resolution adopted pursuant to HMC 15.04.065 are paid in full. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.054 Design professional in responsible charge.

When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner may designate a registered design professional in responsible charge who shall perform all of the duties required of the registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.

When structural observation is required by CBC Chapter 17, the statement of special inspections shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.055 Deferred submittals.

For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period.

Deferral of any submittal items shall have prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.056 Amended construction documents.

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.057 Retention of construction documents.

One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from the date of completion of the permitted work, or as required by state or local laws. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

Article VI. Temporary Structures and Uses

15.04.060 General.

The building official is authorized to issue a permit for temporary structures and temporary uses. Such permit shall be limited as to time of service but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated causes.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.

The building official is authorized to give permission to temporarily supply and use power in part of an electrical installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the California Electrical Code.

The building official is authorized to terminate such permit for temporary structure or use and to order the temporary structure or use to be discontinued. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

Article VII. Fees

15.04.065 Fees established by city council resolution.

All fees required pursuant to Title 24 shall be paid in the amount established set forth in the schedule of fees established by resolution of the city council. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

Article VIII. Inspections

15.04.070 General.

Construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.071 Preliminary inspection.

Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.072 Required inspections.

The building official, upon notification, shall make the inspections set forth in the following subsections:

A. Foundation and Footing Inspection. Footings and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C-94, the concrete need not be on the job.

B. Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and 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.

C. Lowest Floor Elevation. In floor hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in CBC Section 1612.5 shall be submitted to the building official.

D. Frame Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

E. Lath or Gypsum Board Inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, are in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or shear assembly.

F. Fire-Resistant Penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

G. Energy Efficiency Inspections. Inspections shall be made to determine compliance with the California Energy Code and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency.

H. CalGreen Tier 1 Inspections. Inspections shall be made to determine compliance with the California Green Building Standards Code and shall include both mandatory measures, as well as the Tier 1 measures of Appendix A4.

I. Other Inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.

J. Special Inspections. For special inspections, see CBC Chapter 17.

K. Final Inspection. The final inspection shall be made after all work required by the building permit is completed and all other specific requirements of the project are approved. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1 , 2011; Ord. 07-08 § 1, 2007)

15.04.073 Inspection agencies.

The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.074 Inspection requests.

It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the permit holder to provide access to and means for inspection of such work that are required by this code. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

15.04.075 Approval required.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed, or shall notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)

Article IX. Certificate of Occupancy

15.04.080 General.

A. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. U occupancies shall be exempt from the requirements of this section.

B. Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that 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. Any special stipulations and conditions of the building permit.

C. Temporary Certificate. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

D. Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. (Ord. 23-02 § 1 (Att. A), 2023; Ord. 23-01 § 1 (Att. A), 2023; Ord. 13-04(B) § 1, 2014; Ord. 11-03 § 1, 2011; Ord. 07-08 § 1, 2007)