Chapter 15.08
BUILDING CODE
Sections:
15.08.020 Section 105.1.3 added.
15.08.030 Section 105.8 added.
15.08.040 Section 109.4 amended.
15.08.050 Section 109.5.1 – Permit history survey fee.
15.08.060 Section 109.7 added.
15.08.070 Section 110.1.1 added.
15.08.080 Sections 113.1 and 113.3 amended.
15.08.090 Table 1505.1 amended.
15.08.100 Appendices C, H and I adopted – Appendix B rescinded.
15.08.010 Adoption of the California Building Code, Part 2, Title 24 of the California Code of Regulations.
A. There is adopted and incorporated by reference herein as the city building code for the purpose of prescribing regulations in the city of Solana Beach for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the 2022 California Building Standards Code, as defined in the California State Health and Safety Code, Section 18901 et seq., including those appendix chapters not shown as deleted by this chapter. Except as otherwise provided by this chapter all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the city of Solana Beach shall be in conformance with the 2022 California Building Code which is based on the International Building Code, 2021 Edition, and the adopted appendix chapters, published by the California Building Standards Commission.
B. Findings. The city of Solana Beach has many large brush-covered hillsides. The city is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The city council specifically finds that these geographic and topographic conditions necessitate greater fire protection than that provided by the State Building Code. Therefore, this chapter alters the 2022 California Building Code to require more fire-retardant roof coverings.
C. Deletions, revisions and additions to the 2022 California Building Code shall be as follows. (Ord. 527 § 2(B), 2022)
15.08.020 Section 105.1.3 added.
Permits shall not be issued for construction on a site until the Director of Community Development, or his designee, determines that all other development permits or approvals required by this code or city ordinance have been issued, and that all site preparation, grading or public improvement work has been satisfactorily completed to allow building permits to be issued, and so notifies the Building Official in writing.
Permits shall not be issued if the City Engineer determines that flooding or geologic conditions at the site endanger the public safety or welfare.
(Ord. 527 § 2(B), 2022)
15.08.030 Section 105.8 added.
105.8 Progress of work and call for inspections.
1. The provisions of this subparagraph 1 shall apply to building permits issued for single family residential structures or accessory structures on lots zoned for single family dwellings. All work under a building permit shall be completed and call for final inspection of the work shall be made not more than 24 months from the date that the permit was first issued; provided, however, that all exterior work shall be completed and call for final inspection of the exterior work shall be made not more than 12 months from the date that the permit was first issued. Upon written request of permittee, or the owner where the permittee is not the owner, the building official with the written consent of the City Manager, may one-time extend the time periods established by this paragraph for a maximum cumulative time of six months if both of the following are met: (i) the permittee is not in violation of the permit or any of the uniform construction codes adopted by the city; and (ii) the permittee has diligently done work under the permit, but for a good cause shown the work has not been able to be completed within the specified time. The City Manager shall provide a copy of this section to any permittee seeking a first-time extension request and shall advise the permittee of the regulations relating to second request for time extensions.
2. The provisions of this subparagraph 2 shall apply to permits issued for all construction other than construction subject to paragraph 1 above. All work under a building permit shall be completed and call for final inspection of the work shall be made not more than 24 months from the date that the permit was first issued. Upon written request of the permittee, or owner where the permittee is not the owner, the building official with the written consent of the City manager, may extend that time periods established by this paragraph for a maximum cumulative time period of one year if both of the following are met: (i) the permittee is not in violation of the permit or any of the uniform construction codes adopted by reference by the City; and (ii) the permittee has diligently done work under the permit, but for good cause shown the work has not been able to be completed within the specified time. The City Manager shall provide a copy of this section to any permittee seeking a first-time extension request and shall advise the permittee of the regulations relating to the time extensions.
3. The provisions of this subparagraph 3 shall apply to permits issued for all construction where work pursuant to the permit is undertaken to cure or abate a notice of violation of any city ordinance or state statute, including but not limited to violations resulting from construction commenced without the prior issuance of a permit. All such work shall be completed not less than nine months after the issuance of the permit or within such shorter period of time as may be established by order of an officer or employee authorized to enforce the provisions of this code, or the city attorney, as a consequence of code enforcement activity. Extensions of time may be granted by the city council.
4. In addition to the other penalties, a violation by a permittee of the provisions of this subsection (f) shall be grounds for revocation of the permit.
5. In order to recommence work on a project for which the permit has been revoked under the provisions of this subsection (f), the permittee shall submit a new permit application accompanied by new full plan review fees and complete plans and specifications for review by all applicable agencies and/or City departments. Before a new permit can be issued, the permittee shall pay a new full permit fee. Failure to remove the partially completed work shall cause the work to be considered a dangerous building or structure and the City may proceed with abatement of the work as a public nuisance.
6. If a permittee desires more than one extension of the time periods for completion under Subsection (1) and (2) of this Section, the permittee must make a written application to the Community Development Director at least 30 days prior to the expiration of the permit. Such extension of time may be granted by the City Council at a public meeting. The applicant must provide a 300-foot public notice package to the Planning Department.
(Ord. 527 § 2(B), 2022)
15.08.040 Section 109.4 amended.
Section 109.4 WORK COMMENCING BEFORE PERMIT ISSUANCE. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by a resolution adopted by the City Council that shall be in addition to the required permit fees. In addition to assessing a fee, new applications for projects may be denied at the discretion of officer or employee authorized to enforce the provisions of this code, until the unapproved work has been addressed under a permit.
(Ord. 527 § 2(B), 2022)
15.08.050 Section 109.5.1 – Permit history survey fee.
Section 109.5.1 The fee for conducting a permit history survey for an existing structure of facility shall be established by a resolution adopted by the City Council.
(Ord. 527 § 2(B), 2022)
15.08.060 Section 109.7 added.
Section 109.7. The United States, the State of California, school districts, the County of San Diego, or the City shall not be required to pay any fee for filing an application for a building permit pursuant to this Code, unless City building inspection services are requested. If so requested, the regular fee schedule shall apply.
(Ord. 527 § 2(B), 2022)
15.08.070 Section 110.1.1 added.
110.1.1 INSPECTION RECORD CARD.
1. INSPECTION RECORD CARD. Work requiring a permit shall not be commenced until the permit holder or his agent shall have posted or otherwise made available and inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building official.
2. CIRCUIT CARDS. A complete schedule of circuits, showing the number and arrangement of outlets on each circuit, shall be posted or otherwise made available at the service equipment location prior requesting inspection of the rough electrical wiring. Circuit cards furnished by the building official shall be used for this purpose. In lieu of a circuit card, an approved wiring plan may be used.
(Ord. 527 § 2(B), 2022)
15.08.080 Sections 113.1 and 113.3 amended.
SECTION 113
BOARD OF APPEALS
Section 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. Appeals of a Notice of Order issued to enforce the requirements of this Chapter shall have the same meaning as “administrative hearing: inquiry” as defined under Solana Beach Municipal Code Section 2.32.040. Any Request for Appeal to the decision of the City Building Official or to an issued Notice and Order shall be received in writing within fifteen (15) days from the date of the notice of decision or date of the Notice and Order. This Section does not apply to specified actions by Code Compliance Officers enforcing any non-conformance with adopted Building Codes, such as issuance of Courtesy Notice letters, Notice of Violation letters and Citations, as such actions rely upon separately established appeal procedures under Solana Beach Municipal Code Chapters 1.18 and 2.32. With regard to the declaration of any building, structure, or building service equipment as posing, creating or causing a Public Nuisance, the enforcement and appeal processes established under Chapters 2.32 and 6.04 would govern, after a Notice and Order or Notice to Abate has been issued. Failure to submit a written appeal request within the statutory deadline shall constitute a waiver of the right to an administrative hearing and adjudication of the decision, notice or order issued to enforce the provisions of this Chapter.
Section 113.3. BUILDING CONSTRUCTION APPEALS BOARD. The City Council shall serve as the Appeals Board to hear appeals of any code interpretation by the City Building Official.
(Ord. 527 § 2(B), 2022)
15.08.090 Table 1505.1 amended.
Table 1505.1 of the 2022 California Building Code is amended to read as follows:
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IIB |
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IIIB |
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A |
(Ord. 527 § 2(B), 2022)
15.08.100 Appendices C, H and I adopted – Appendix B rescinded.
Appendices C, H and I are adopted; Appendix B has been rescinded and replaced by amended Sections 113.1 and 113.3. (Ord. 527 § 2(B), 2022)