Chapter 13.04 BUILDING CODE*

Chapter 13.04
BUILDING CODE*

13.04.020 Sections 105.2(1) and (2) replaced—Work exempt from permit.

13.04.030 Section 110.1 replaced—Certificate of occupancy.

13.04.050 Additional permit fees for demolition of buildings.

* Board of appeals — See Chapter 2.88.

13.04.010 Adoption by reference.

The city adopts, by reference, the 2019 Edition of the California Building Standards Code Part 2 (Building Code Volumes 1 and 2) including Appendices B, D, F, H, I, and J. Based on the 2018 International Building Code; as set forth in Part 2 of Title 24 of the California Code of Regulations, as from time to time amended, subject to the revisions and additions set forth in this chapter, which together shall constitute the rules and regulations for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the city, and providing penalties for the violation thereof, and providing for the issuance of permits and the collection of fees therefor; provided, however, that the amounts of any such fees as set forth in the California Building Code are not adopted, but instead all fees authorized or provided for by the California Building Code shall be in an amount established by resolution of the city council.

One copy of the California Building Code is on file in the office of the city clerk for public use and examination and, from the operative date of the ordinance codified in this section, the provisions thereof, subject to any amendments adopted by the city, shall be controlling in the construction of all buildings and other subjects therein contained within the corporate limits of the city. (Ord. 1424 § 2, 2020: Ord. 1386 § 1, 2016: Ord. 1319 § 1, 2008).

13.04.020 Sections 105.2(1) and (2) replaced—Work exempt from permit.

Sections 105.2(1) and (2) of Appendix Chapter 1 of the California Building Code are hereby deleted in their entirety and replaced as follows, based upon express finding of necessity No. 1 set forth in Section XXIII of the ordinance codified in this section*:

(1) One story detached accessory buildings used as tool sheds, storage sheds, play houses, and similar uses, provided the floor area does not exceed 120 square feet (11 m2), the total height does not exceed 8 feet, and the building maintains a clearance of 5 feet from all property lines and 6 feet from any structure.

(2) Fences not over 7' (seven feet) high.

(Ord. 1319 § 2, 2008).

* Code reviser’s note — Ord. 1319 may be found on file in the city clerk’s office.

13.04.030 Section 110.1 replaced—Certificate of occupancy.

Section 110.1 of Appendix Chapter 1 of the California Building Code is hereby deleted in its entirety and replaced as follows, based upon express finding of necessity No. 2 set forth in Section XXIII of the ordinance codified in this section*:

No business license shall be issued and 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. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the City. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid.

(Ord. 1319 § 4 (part), 2008).

* Code reviser’s note — Ord. 1319 may be found on file in the city clerk’s office.

13.04.040 Demolition requirements.

The following provisions shall apply to the demolition of any building or structure and shall be in addition to any requirement set forth in Section 3303 of the California Building Code:

(a) No building permit to wreck or demolish a building or structure shall be issued until the permittee shall have furnished to the city a general deposit or faithful performance bond in the sum as determined by the building official to guarantee or ensure the compliance of the following regulations.

(1) All work to raze and remove any building or structure, or portions thereof including foundations, shall be completed within ninety days from the date of permit unless otherwise stipulated by the building official.

(2) Any excavations below curb grade elevation resulting from the building or structure being removed shall be backfilled and leveled up to curb grade elevation and completed to the satisfaction of the building official.

(3) All debris, building material and rubbish from the razing of the building or structure shall be removed from the property within ten days after the building or structure is razed.

(4) The full and prompt repair of any damage to any sidewalk, curb, gutter, public street, boulevard, avenue and public place or property caused by or resulting from the demolition and removal of buildings or structures, including the use of any equipment and/or vehicle.

(b) In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the building official may order the work required by the permit to be completed to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, said deposit or any unused portion thereof shall be refunded to the permittee.

(c) Prior to the start of any demolition work of any building or structure, the permittee shall have all utilities to such building or structure properly disconnected. Utility disconnection, except for building sewers, shall be performed or supervised by the proper governmental agency or utility company affected. The permittee shall give a written notice to said agencies not less than five days before such demolition is started and shall send a copy of such notice to the building official. Disconnection of sewers shall be performed under supervision of the building official.

(d) Every permittee engaged in the work of wrecking or demolishing a building or structure shall be covered by comprehensive general liability insurance (including personal liability, property damage and product liability) for not less than the following sums:

For the injury to any one person or the death of any one person, in any one accident	$1,000,000.00
For the injury to more than one person or the death of more than one person, in any one accident	3,000,000.00
For the damage or destruction of property in any one accident	1,000,000.00

No permit to engage in any work covered by this code, as indicated above, shall be issued until the permittee shall have furnished to the building official a "certificate of insurance" for each policy required hereunder, executed by the company issuing such policy, and approved as to form by the city attorney. Such policies shall contain a rider naming the city of Marysville as an additional insured and holding the city, its officers, employees and agents harmless from any and all claims for negligence by reason of granting permission to use said public property. Said insurance shall contain an endorsement that the company issuing such policy or policies will not allow the same to be cancelled without serving, by first class mail, a thirty days’ notice of cancellation upon the city.

The failure of the permittee to carry such policy or policies in force and to properly renew said insurance during the time between the issuance of the permit for the work to be done and the completion of such work covered by said permit shall automatically revoke said permit as of the date of expiration of said insurance policies. A payment of the full amount of the original permit fee shall be made to the city before such permit may be reinstated or a permit for other work issued. (Ord. 1319 § 3, 2008; Ord. 1282 § 1 (part), 2003: Ord. 961 § 1, 1981: Ord. 754 § 2, 1968. Formerly 13.04.020).

13.04.050 Additional permit fees for demolition of buildings.

In addition to any other fee imposed by the California Building Code or pursuant to this chapter, there shall be imposed and collected a permit fee for the demolition of buildings or controlled burn thereof, the amount of said fee to be established by resolution. A permit fee shall not exempt the owner of the property upon which work for demolition or repair is performed from being assessed the cost of a title search obtained by the city pursuant to enforcement proceedings. (Ord. 1319 § 4 (part), 2008; Ord. 1282 § 1 (part), 2003: Ord. 1251 § 2, 1999: Ord. 1056 § 2, 1987: Ord. 1017 § 6, 1984: Ord. 961 § 2, 1981: Ord. 921 § 2, 1980: Ord. 887 § 3, 1979: Ord. 754 § 4, 1968. Formerly 13.04.040).