Chapter 15.04 BUILDINGS AND CONSTRUCTION

The Uniform Building Code, 1997 Edition, and the Uniform Building Code Standards, 1997 Edition, promulgated by the International Conference of Building Officials, which regulates the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and other structures, is adopted and by this reference is incorporated herein with the same force and effect as though set out here in full. One copy of the reference codes is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 1, 1999; Ord. 96-3 § 1, 1996; Ord. 165 § 1, 1979].

15.04.020 References to building codes.

Whenever in this chapter or any ordinance of this city the phrase “Uniform Building Code” or “building code” appears, such phrase shall be deemed and construed to refer and apply to the building code as adopted and amended by the ordinance codified in this chapter. [Ord. 165 § 1-1.0, 1979].

15.04.030 Amendments to Uniform Building Code.

The Uniform Building Code is amended by adding, amending or deleting the designated chapter, sections and portions of sections in TMC 15.04.040 through 15.04.090. [Ord. 165 § 1-2.0, 1979].

15.04.040 Section 108 amended – Inspections.

Section 108 of the Building Code is amended by adding the subsections 108.9 and 108.10 to read:

108.9 Authority to Require Exposure of Work. Whenever any work on which called inspections are required by this code is covered or concealed by additional work without first having been inspected, the Building Official may require, by written notice, that such work shall be exposed for examination. The work of exposing and recovering shall not entail expense to the City.

108.10 Authority to Stop Use or Occupancy. Whenever any portion of a building is loaded in excess of the loading for which it was constructed or whenever it houses an occupancy other than that for which it was constructed or whenever there is an encroachment upon any required court or yard, the Building Official shall order, by written notice, that such violation be discontinued.

The written notice shall state the nature of the violations and shall fix the time for the abatement thereof. If the violations have not been abated by the expiration of the fixed time, the certificate of occupancy shall thereupon be null and void.

[Ord. 96-3 § 10, 1996; Ord. 165 § 1-2.01, 1979].

15.04.050 Section 105 amended – Board of appeals.

Section 105 of the Building Code is amended to read:

Section 105. Board of Appeals: In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and is hereby created a Board of Appeals, consisting of two (2) members who are qualified by experience and training to pass upon matters pertaining to building construction and one (1) lay member. The Building Official shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the governing body at such time as business comes before it and its members so appointed shall hold office at the pleasure of the City Council. The Board shall adopt reasonable rules and regulations for conducting its investigations. The Board shall render its decision and findings in writing to the Building Official, with a duplicate copy to the appellant, and may recommend to the governing body such new legislation as is consistent therewith. If the City Council takes no action on the appeal within sixty (60) days the decision of the Board of Appeals shall be deemed affirmed.

[Ord. 96-3 § 11, 1996; Ord. 165 § 1-2.02, 1979].

15.04.060 Section 106.2 amended – Work exempt from permits.

Section 106.2 is amended to read as follows:

Section 106.2 Work Exempt From Permits. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure in the City or cause the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official except the following:

1. Fences up to six feet (6') and freestanding masonry walls up to thirty-six inches (36") in height.

2. Curbs, retaining walls and planter boxes up to eighteen inches (18") in height.

3. A small tool or storage cabinet with not more than 100 square feet of projected roof area. Multiple cabinets shall require approval. Lot line setbacks are to be observed.

4. Television and radio antennas supported on roofs.

5. Awnings projecting not more than six feet (6') attached to the exterior walls of buildings of Group R-3 or M occupancy.

6. Standard electrolier not over thirty five feet (35') in height above finish grade.

7. Repairs which involve only the replacement of component parts of existing work with similar materials for the purpose of maintenance, and which do not aggregate over two thousand dollars ($2,000.00) in valuation in any twelve (12) month period and do not affect any electrical or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically excepted from permit requirements without limit to valuation are:

a. Painting and decorating.

b. Installation of floor covering.

c. Cabinet work.

8. Temporary structures built in conjunction with special events.

This section shall not be construed to require separate building permits for a dwelling and accessory buildings or structures on the same property which are described in the building permit application, plot plan and other drawings.

[Ord. 99-3 § 2, 1999; Ord. 96-3 § 12, 1996; Ord. 165 § 1-2.03, 1979].

15.04.070 Section 106 amended – Building permits.

Subsection 106.5 is amended to read as follows:

Section 106.5 (a) Review. The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Official. If, in the opinion of the Building Official, it is necessary for the City Engineer to check the plans for technical compliance, he shall forward the plans to that official.

(b) Design Assistance Committee. The applicant shall provide the Design Assistance Committee (DAC) with a set of plans including the following: 1, a site plan including landscaping; 2, a floor plan; 3, building elevations; and, 4, a grading plan showing existing and proposed topography. Upon determination that the application is complete the DAC shall schedule a public hearing for consideration of the permit request. At the public hearing, occurring more than ten (10) days from the date of application at its next regularly scheduled meeting, any person interested in the proposal shall be heard. Failure of the DAC to act within ninety (90) days of the first hearing shall be deemed to be approval of the application on the ninetieth day. The applicant may waive the time limitation, in writing, if additional time is needed to consider the application. The DAC shall either approve, conditionally approve, or deny the permit application based upon findings of compliance with the Trinidad General Plan, zoning ordinance, and all other pertinent laws and ordinances. The Planning Commission shall receive a written report of the DAC findings.

(c) Public Notice. For public hearings held pursuant to the ordinance codified in this chapter, the following notification method shall be required:

1. The applicant shall furnish to the City Clerk one stamped envelope addressed to the owner of each parcel within 100 feet from each boundary of the subject property. The envelopes may be addressed to the “owner” at the mailing address of the parcel. The applicant shall ascertain the name and address of the owner from the records of the County Assessor. The City Clerk shall use the envelopes to mail notice of the time, place and purpose of the hearing at least ten (10) working days before the date of the hearing. The notice shall include a copy of the application showing the file number, the date, time and place at which the application will be heard, and an explanation of the general procedure of the City concerning hearings and action on applications. In addition to mailing notice to all those for whom envelopes have been provided, the City Clerk shall provide notice to the applicant and to all persons known or thought by the Clerk to have a particular interest in the application, including the Coastal Commission. The applicant shall also be responsible for the notification of those persons residing within 100 feet of the proposed development parcel at least ten (10) working days prior to the hearing date.

2. At the time the application is submitted to the City Clerk the applicant must post, at a conspicuous place, easily read by the public and as close as possible to the subject property, notice that an application has been submitted to the City. The City shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to so post the completed notice form and sign the declaration of posting no less than ten (10) working days prior to the hearing, or if it is determined that the application is incomplete, the City Clerk shall withdraw the application from consideration and shall not mail out the hearing notices.

3. For actions initiated by the Design Assistance Committee (DAC) or City Council, the City Clerk shall provide notice as prescribed above and shall publish in a newspaper of general circulation in the City, at least ten (10) working days prior to the hearing, one notice of the time, place and purpose of the public hearing; provided however that if the size of the subject area would require mailing notice to more than 50 property owners such notice may be inserted in the water bill mailing. The City Clerk shall place in the file a written declaration of the means of notification used and certification of the date notification was mailed, posted or published. Other means of publication, in addition to that required herein, may be used by the DAC if deemed advisable.

(d) Appeal To City Council. An action by the Design Assistance Committee and/or the Building Official, pursuant to the ordinance codified in this chapter, may be appealed to the City Council. The City Council shall schedule a public hearing at the next regular monthly meeting occurring at least fifteen (15) working days after the appeal is received by the City Clerk. This hearing shall be noticed as per this section. The City Council shall either sustain, modify or reject the prior action within seven calendar days of the appeal hearing. Action by the City Council shall be final except where the subject property is located within the area where coastal development permits may be appealed to the State Coastal Commission.

(e) Coastal Development Permit. A coastal development permit as defined in the Coastal Act of 1976, shall be deemed to have been issued by the City upon the granting of a building permit if such action is not appealed. The granting of the permit shall become effective ten (10) working days after approval and adoption of findings, unless an appeal is filed to the California Coastal Commission pursuant to Section 30603 of the Coastal Act. All local appeals must first be exhausted. If a valid appeal is filed, the City approval shall be of no force and effect until the appeal has been decided by the Coastal Commission. Within five (5) working days of receipt of notice from the Coastal Commission of the filing of a valid appeal, the City Clerk shall deliver to the Commission staff all relevant documents and materials used by the Design Assistance Committee, the Building Official and the City Council in their deliberations.

(f) Permit Issuance. The Building Official shall issue the building permit after approval of the permit application by the Design Assistance Committee and after the plans and specifications have been approved by both the Building Official and the City Engineer, if the City Engineer’s review is requested. When the Building Official issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications “Approved”. Such approved plans and specifications from the Building Official, and all work shall be done in accordance with the approved plans.

The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted.

(g) Retention Of Plans. One set of approved plans, specifications, and computations shall be retained by the Building Official for a period of not less than ninety (90) days from the date of completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant, which set shall be kept on such building or work at all times during which the work authorized thereby is in progress.

(h) Validity. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorizes is lawful.

The issuance of a permit based upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinance of the City.

(i) Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 120 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommended a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year.

(j) Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code.

[Ord. 96-3 § 13, 1996; Ord. 165 § 1-2.04, 1979].

15.04.080 Section 107.3 amended – Plan review fees.

The following is added to Section 107.3, Plan Checking Fees:

When the Building Official determines that the degree of hazard posed or that the nature of the construction or work requires a degree of specialized knowledge, skill or experience beyond that possessed by any regular employee of the City, the Building Official may employ a consultant or consultants. Prior to the employment of such a consultant the Building Official shall notify the applicant for the building permit in writing of such an intention advising him of the time and place where the applicant may appear and show cause why such a consultant should not be employed. The owner or his agent shall pay to the City all direct or indirect costs of such consultants and shall maintain a cash deposit with the City at all times in a sufficient amount for the purpose of paying such costs.

[Ord. 96-3 § 14, 1996; Ord. 165 § 1-2.05, 1979].

15.04.090 Section 4401.5 added – Encroachment permits.

Section 4401.5 is added to Chapter 44 of said Uniform Building Code to read as follows:

Section 4401.5. Encroachment Permits.

The City of Trinidad requires that an Encroachment Permit be obtained prior to performing work in or placing materials on a City right-of-way.

[Ord. 165 § 1-2.06, 1979].

15.04.100 Uniform Mechanical Code – Adopted.

The Uniform Mechanical Code, 1997 Edition, promulgated by the International Conference of Building Officials, which regulates the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilating, comfort cooling refrigeration systems, incinerators or other heat producing appliances in buildings and other structures, is adopted, including Appendices A and B, and by this reference is made a part of this chapter with the same force and effect as though set out here in full. One copy of said volume of the Uniform Mechanical Code is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 3, 1999; Ord. 96-3 § 2, 1996; Ord. 165 § 2, 1979].

15.04.110 References to mechanical code.

Whenever in this chapter or any ordinance of the city the phrase “Uniform Mechanical Code” or “mechanical code” appears, such phrase shall be deemed and construed to refer and apply to the “Uniform Mechanical Code, Volume Two, 1979 Edition” as adopted and amended by this chapter. [Ord. 165 § 2-1.0, 1979].

15.04.120 Uniform Housing Code – Adopted.

The Uniform Housing Code, 1997 Edition, promulgated by the International Conference of Building Officials, is adopted and by this reference is made a part of this chapter with the same force and effect as though set out here in full. One copy of said volume of the code is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 4, 1999; Ord. 96-3 § 3, 1996; Ord. 165 § 3, 1979].

15.04.130 References to housing code.

Whenever in this chapter or any ordinance of the city the phrase “Uniform Housing Code” or “housing code” appears, such phrase shall be deemed and construed to refer and apply to the “Uniform Housing Code” as adopted by this chapter. [Ord. 165 § 3-1.00, 1979].

15.04.140 Uniform Code for the Abatement of Dangerous Buildings – Adopted.

The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, promulgated by the International Conference of Building Officials, is adopted and by this reference is made a part of this chapter with the same force and effect as though set out here in full. One copy of said volume of the code is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 5, 1999; Ord. 96-3 § 4, 1996; Ord. 165 § 4, 1979].

15.04.150 References to abatement code.

Whenever in this chapter or any ordinance of the city the phrase “Uniform Abatement Code” or “abatement code” appears, such phrase shall be deemed and construed to refer and apply to the “Uniform Code for the Abatement of Dangerous Buildings” as adopted and amended by this chapter. [Ord. 165 § 4-1.0, 1979].

15.04.160 Uniform Fire Code – Adopted.

The Uniform Fire Code and the Uniform Fire Code Standards, 1997 Editions, promulgated by the International Conference of Building Officials, are adopted and by this reference are made a part of this chapter with the same force and effect as though set out here in full. One copy of said volume of the code is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 6, 1999; Ord. 96-3 § 5, 1996; Ord. 165 § 5, 1979].

15.04.170 References to fire code.

Whenever in this chapter or any ordinance of the city the phrase “Uniform Fire Code” or “fire code” appears, such phrase shall be deemed and construed to refer and apply to the “Uniform Fire Code” as adopted and amended by this chapter. [Ord. 165 § 5-1.0, 1979].

15.04.180 Uniform Plumbing Code – Adopted.

The Uniform Plumbing Code, 1997 Edition, promulgated by the International Conference of Plumbing and Mechanical Officials, is adopted and by this reference is made a part of this chapter with the same force and effect as though set out here in full. One copy of said volume of the code is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 7, 1999; Ord. 96-3 § 6, 1996; Ord. 165 § 6, 1979].

15.04.190 References to plumbing code.

Whenever in this chapter or any ordinance of the city the phrase “Uniform Plumbing Code” or “plumbing code” appears, such phrase shall be deemed and construed to refer and apply to the “Uniform Plumbing Code” as adopted and amended by this chapter. [Ord. 165 § 6-1.0, 1979].

15.04.200 National Electric Code – Adopted.

The National Electric Code, 1996 Edition, promulgated by the National Fire Protection Association, is adopted and by this reference is made a part of this chapter with the same force and effect as though set out here in full. One copy of said volume of the code is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 8, 1999; Ord. 96-3 § 7, 1996; Ord. 165 § 7, 1979].

15.04.210 References to sign code.

Whenever in this chapter or any ordinance of the city the phrase “Uniform Sign Code” or “sign code” appears, such phrase shall be deemed and construed to refer and apply to the “Uniform Sign Code” as adopted and amended by this chapter. [Ord. 165 § 7-1.0, 1979].

15.04.220 Uniform Administrative Code – Adopted.

The Uniform Administrative Code, 1997 Edition, promulgated by the International Conference of Building Officials, is adopted and by this reference is made a part of this chapter with the same force and effect as though set out here in full. One copy of said volume of the code is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 9, 1999; Ord. 96-3 § 8, 1996; Ord. 165 § 8, 1979].

15.04.230 References to electrical code.

Whenever in this chapter or any ordinance of the city the phrase “National Electrical Code” or “electrical code” appears, such phrase shall be deemed and construed to refer and apply to the “National Electrical Code” as adopted and amended by this chapter. [Ord. 165 § 8-1.0, 1979].

15.04.240 Uniform Administrative Code – Adopted.

The Uniform Administrative Code, 1979 Edition, promulgated by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, is adopted and by this reference is made a part of this chapter with the same force and effect as though set out here in full. Three copies of said volume of the code are on file and open to public inspection in the office of the city clerk. [Ord. 165 § 9, 1979].

15.04.250 References to administrative code.

Whenever in this chapter or any ordinance of the city the phrase “administrative code” appears, such phrase shall be deemed and construed to refer and apply to the “Uniform Administrative Code” as adopted and amended by this chapter. [Ord. 165 § 9-1.0, 1979].

15.04.260 Fees.

Fees for permits and inspection are to be required of any person when required by the appropriate adopted code. Any person required to obtain a permit or a combination of any such permits shall at the time of filing an application therefor pay to the city building inspector the fee set forth in the appropriate section of the particular code as adopted elsewhere in this chapter. No fees shall be required of the United States or of the state of California or of any special district of the county of Humboldt. [Ord. 165 § 10-1.10, 1979].

15.04.270 Effect on existing proceedings.

The amending or repealing provisions of this chapter shall not affect any proceeding, suit or prosecution had or commenced in any cause before such amendment or repeal shall take effect; but every such proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if such ordinance or parts thereof so amended or repealed had remained in force. No offense committed and no liability, penalty or forfeitures, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be amended or repealed, shall be discharged by such amendment or repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such proper ordinance or part thereof had not been amended or repealed. [Ord. 165 § 11, 1979].

15.04.280 Violations – Public nuisance.

No person shall violate any provision, or fail to comply with any of the requirements of this chapter and/or the secondary codes adopted herein. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title and/or any use of property contrary to the provisions of this title shall be, and the same is declared to be, unlawful and a public nuisance; subject to the city’s nuisance abatement procedures and penalties set forth in Chapter 8.12 TMC. [Ord. 2004-04, 2004; Ord. 165 § 12, 1979].

15.04.300 Title 24, California Standards, Commission Administrative Regulations.

California Code of Regulations Title 24 is adopted and by this reference is made a part of this chapter with the same force and effect as though set out here in full. One copy of said volume of the code is on file and open to public inspection in the office of the city building official. [Ord. 99-3 § 10, 1999; Ord. 96-3 § 9, 1996].