Chapter 1
BUILDING AND HOUSING ADMINISTRATIVE CODE*
Sections:
Article 1. Administrative Provisions
8-1.103 Department of Building Safety.
8-1.104 Duties and powers of Building Official.
8-1.105.1 Small residential rooftop solar energy system review process.
8-1.105.2 Electric vehicle charging station expedited permitting.
8-1.106 Floor and roof design loads.
8-1.108 Temporary structures and uses.
8-1.111 Certificate of occupancy.
8-1.116 Unsafe structures and equipment.
* Sections 8-101 through 8-1.19, codified from Ordinance No. 620 N.C.S., as amended by Ordinance Nos. 73 C-M, effective February 27, 1964, and 122 C-M and 123 C-M, effective June 23, 1966, repealed by Ordinance No. 159 C-M, effective December 14, 1967. Sections 8-1.01 through 8-1.10, as added by said Ordinance No. 159 C-M, as amended by Ordinance No. 217 C-M, effective February 12, 1970, repealed by Ordinance No. 264 C-M, effective November 11, 1971.
Sections 8-1.01 through 8-1.05, as added by said Ordinance No. 264 C-M, repealed by Ordinance No. 340 C-M, effective November 28, 1974. Sections 8-1.01 through 8-1.07, as added by said Ordinance No. 340 C-M, repealed by Ordinance No. 430 C-M, effective July 13, 1978. Sections 8-1.01 through 8-1.11, as added by said Ordinance No. 430 C-M, as amended by Ordinance No. 456 C-M, effective March 29, 1979, repealed by Ordinance No. 522-81 C-M, effective May 14, 1981. Sections 8-1.01 through 8-1.13, as added by said Ordinance No. 522-81 C-M, as amended by Ordinance No. 548-82 C-M, effective July 1, 1982, and Section 8-1.14, as added by said Ordinance No. 548-82 C-M, repealed by Ordinance No. 616-83 C-M, effective January 26, 1984. Sections 8-1.01 through 8-1.16, as added by said Ordinance No. 616-83 C-M, and Section 8-1.17, as added by Ordinance No. 627-83 C-M, effective January 26, 1984, as amended by Ordinance No. 701-86 C-M, effective May 8, 1986, repealed by Ordinance No. 731-87 C-M, effective April 23, 1987.
Chapter 1, consisting of Sections 8-1.01 through 8-1.18, codified from Ordinance Nos. 731-87 C-M and 726-87 C-M, repealed and replaced in its entirety by Ordinance No. 909-92 C-M, effective December 10, 1992.
Former Chapter 1, consisting of Sections 8-1.01 through 8-1.18, codified from Ordinance No. 909-92 C-M, effective December 10, 1992, as amended by Ordinance No. 967-95 C-M, effective March 16, 1995, repealed and replaced in its entirety by Ordinance No. 990-95 C-M, effective December 28, 1995, consisting of Sections 8-1.01 through 8-1.15, repealed and replaced by Ordinance No. 1073-99, effective August 12, 1999, consisting of Sections 8-1.01 through 8-1.18, repealed and replaced by Ordinance 1145-02 C-M, effective October 24, 2002.
Former Chapter 1, consisting of Sections 8-1.01 through 8-1.13, codified from Ordinance No. 1145-02 C-M, effective October 24, 2002, repealed and replaced in its entirety by Ordinance No. 1227-07 (C-M), effective January 1, 2008.
Former Chapter 1, consisting of Sections 8-1.101 through 8-1.309, codified from Ordinance No. 1227-07 (CM), effective January 1, 2008 and amended by Ordinance No. 1270-10 (CM), effective January 1, 2011, was repealed and replaced by Ordinance No. 1296-13 (CM), effective January 1, 2014.
Article 1. Administrative Provisions
8-1.101 Title and scope.
(a) Title. This chapter shall be known as the Administrative Building and Housing Code.
(b) Scope. The provisions of this chapter shall serve as the administrative, organizational and enforcement rules and regulations for all of this title and the property maintenance guidelines in Chapter 5-33.
(c) Exemption for Pending Applications. This chapter shall not apply to any building or structure for which application for a construction or demolition permit was made prior to January 1, 2023. Such buildings or structures shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions in effect at the date of said application.
(d) Intent. The purpose of this chapter is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress, facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.
(e) Referenced Codes. The Codes listed in Sections 101.4.1 through 101.4.3 and Sections 101.4.5 through 101.4.7 of the California Building Code, California Code of Regulations, Title 24, Part 2, as amended by this code and referenced elsewhere in this section, shall be considered part of the requirements of the municipal code to the prescribed extent of each such reference.
(f) Gas. The provisions of the California Mechanical Code, California Code of Regulations, Title 24, Part 4 and/or the California Plumbing Code, California Code of Regulations, Title 24, Part 5 shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
(g) Mechanical. The provisions of the California Mechanical Code, California Code of Regulations, Title 24, Part 4 shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
(h) Plumbing. The provisions of the California Plumbing Code, California Code of Regulations, Title 24, Part 5 shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.
(i) Property Maintenance. The provisions of the 1997 Uniform Housing Code and 1997 Uniform Code for the Abatement of Dangerous Buildings shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
(j) Fire Prevention. The provisions of the California Fire Code, California Code of Regulations, Title 24, Part 9 as amended by this code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
(k) Energy. The provisions of the California Energy Code, California Code of Regulations, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.
(l) Historical. The provisions of the California Historical Building Code, California Code of Regulations, Title 24, Part 8 shall apply to the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties (Chapter 8-2 of CHBC). The intent of the CHBC is to facilitate the preservation and continuing use of qualified historical buildings occupants and access for persons with disabilities.
(m) Existing Buildings. California Existing Building Code, California Code of Regulations, Title 24, Part 10, as amended by this code, shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
(n) Green Building. California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, as amended by this code, shall apply to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in this code, throughout the State of California. It is not the intent that this code substitute or be identified as meeting the certification requirements of any green building program.
(o) Referenced Standards. California Referenced Standards Code, California Code of Regulations, Title 24, Part 12 shall apply to recognized standards for various methods of construction, testing of materials and installations of materials and systems.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014, as amended by § 1, Ord. 1340-16 (CM), eff. January 1, 2017, § 1, Ord. 1397-19 (CM), eff. January 1, 2020, § 1, Ord. 1444-22 (CM), eff. November 24, 2022)
8-1.102 Applicability.
(a) General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
(b) Other Laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, State or federal law.
(c) Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this chapter.
(d) Referenced Codes and Standards. The codes and standards referenced in this chapter shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and referenced codes and standards, the provisions of this chapter shall apply.
(e) Partial Invalidity. If any part or provision of this chapter is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
(f) Existing Structures. The legal occupancy of any structure existing on the date of adoption of the ordinance codified in this chapter shall be permitted to continue without change, except as is specifically covered in this chapter, and California Code of Regulations, Title 24, Part 2 through 6 and Parts 8 through 12, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014, as amended by § 1, Ord. 1340-16 (CM), eff. January 1, 2017)
8-1.103 Department of Building Safety.
(a) Creation of Enforcement Agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official.
(b) Deputies. In accordance with the prescribed procedures of the City and with the concurrence of the City Manager, the Building Official shall have the authority to appoint a Deputy Building Official, related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see the California Building Code.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014)
8-1.104 Duties and powers of Building Official.
(a) General. The Building Official is hereby authorized and directed to enforce the provisions of the codes. The Building Official shall have the authority to render interpretations of the codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the codes.
(b) Applications and Permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of the codes.
(c) Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure compliance with the codes.
(d) Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the City Manager.
(e) Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under the codes.
(f) Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the codes, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the codes which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the codes; provided, that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
(g) Department Records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
(h) Liability. The Building Official, member of the Board of Appeals or employee charged with the enforcement of the codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the codes or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the codes shall be defended by legal representative of the City until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of the codes.
(i) Approved Materials and Equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval.
(1) Used Materials and Equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official.
(j) Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the codes, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of the codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
(k) Alternative Materials, Design and Methods of Construction and Equipment. The provisions of the codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code; provided, that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of the codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the codes in quality, strength, effectiveness, fire resistance, durability and safety.
(1) Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the codes, shall consist of valid research reports from approved sources.
(2) Tests. Whenever there is insufficient evidence of compliance with the provisions of the codes, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the City. Test methods shall be as specified in the codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014)
8-1.105 Permits.
(a) 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 the codes, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit.
(b) Work Exempt from Permit. Exemptions from permit requirements of the codes 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:
(1) Building.
(i) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet (eleven (11) m2).
(ii) Fences not over seven (7') feet (one thousand eight hundred twenty-nine (1,829) mm) high.
(iii) Oil derricks.
(iv) Retaining walls that are not over four (4') feet (one thousand two hundred nineteen (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 IIIA liquids.
(v) Water tanks supported directly on grade if the capacity does not exceed five thousand (5,000) gallons (eighteen thousand nine hundred twenty-five (18,925) L) and the ratio of height to diameter or width does not exceed two (2) to one (1).
(vi) Sidewalks, platform, decks and driveways not more than thirty (30") inches (seven hundred sixty-two (762) mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.
(vii) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(viii) Temporary motion picture, television and theater stage sets and scenery.
(ix) Prefabricated swimming pools accessory to a Group R-3 occupancy or a one (1) or two (2) family dwelling, that are less than twenty-four (24") inches (six hundred ten (610) mm) deep, do not exceed five thousand (5,000) gallons (eighteen thousand nine hundred twenty-five (18,925) L) and are installed entirely above ground.
(x) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
(xi) Swings, other playground equipment and tree houses accessory to detached one (1) and two (2) family dwellings.
(xii) Window awnings supported by an exterior wall that do not project more than fifty-four (54") inches (one thousand three hundred seventy-two (1,372) mm) from the exterior wall and do not require additional support of Group R-3 occupancies, a one (1) or two (2) family dwelling, and Group U occupancies.
(xiii) Replacement, repair or overlay of one hundred (100) square feet or less of an existing roof covering within any twelve (12) month period on the same building.
(xiv) Nonfixed and movable fixtures, cases, racks, counters and partitions five feet nine inches (5'9") or less (one thousand seven hundred fifty-three (1,753) mm) in height.
(2) Electrical—Reference.
(i) Listed cord-and-plug connected temporary decorative lighting.
(ii) Reinstallation of attachment plug receptacles but not the outlets therefor.
(iii) Replacement of branch circuit over current devices of the required capacity in the same location.
(iv) Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.
(v) Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
(vi) Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.
(vii) A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
(3) Gas.
(i) Portable heating, cooking or clothes drying appliances.
(ii) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
(iii) Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
(4) Mechanical.
(i) Portable heating appliance.
(ii) Portable ventilation equipment.
(iii) Portable cooling unit.
(iv) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
(v) Replacement of any part that does not alter its approval or make it unsafe.
(vi) Portable evaporative cooler.
(vii) Self-contained refrigeration system containing ten (10) pounds (five (5) kg) or less of refrigerant and actuated by motors of one (1) horsepower (seven hundred forty-six (746) W) or less.
(5) Plumbing.
(i) 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.
(ii) 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.
(c) Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.
(d) 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.
(e) 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.
(f) Application for Permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Building Safety for that purpose. Such application shall:
(1) Identify and describe the work to be covered by the permit for which application is made.
(2) 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.
(3) Indicate the use and occupancy for which the proposed work is intended.
(4) Be accompanied by construction documents and other information as required in Section 107.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant, or the applicant’s authorized agent.
(7) Give such other data and information as required by the Building Official.
(g) 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 requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of the codes, laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.
(h) Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty (180) days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one (1) extension of time for additional periods not exceeding one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated. An application shall not be extended if this chapter or any other pertinent laws or ordinances have been amended subsequent to the date of application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
(i) Validity of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City 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 ordinances of the City.
(j) Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The Building Official is authorized to grant, in writing, up to two (2) extensions of time for action by the permittee for a period not exceeding one hundred eighty (180) days each time upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.
(k) Suspension or Revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of the codes wherever 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 the codes.
(l) Placement of Permit. The building permit or copy shall be kept on the site of the work until the completion of the project.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014, as amended by § 1, Ord. 1340-16 (CM), eff. January 1, 2017)
8-1.105.1 Small residential rooftop solar energy system review process.
(a) The following words and phrases as used in this section are defined as follows:
“Electronic submittal” means the utilization of one or more of the following:
(1) E-mail;
(2) The Internet;
(3) Facsimile.
“Small residential rooftop solar energy system” means all of the following:
(1) A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
(2) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
(3) A solar energy system that is installed on a single or duplex family dwelling.
(4) A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
(b) Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.
(c) Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The Building Official is hereby authorized and directed to develop and adopt such checklist.
(d) The checklist shall be published on the City’s Internet website. The applicant may submit the permit application and associated documentation to the City’s building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. (Or, if the City will not accept electronic signature, the reasons for the inability to accept electronic signatures must be described.)
(e) Prior to submitting an application, the applicant shall:
(1) Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
(2) At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.
(f) For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. (Note: A separate fire inspection may be performed if your City does not have an agreement in place with your local fire authority to conduct a fire safety inspection on behalf of the fire authority.) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, subsequent inspection need not conform to the requirements of this subsection.
(g) An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official or the deputy of the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(h) Upon confirmation by the building official or the deputy of the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official or the deputy of the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
(§ 1, Ord. 1322-15 (CM), eff. October 8, 2015)
8-1.105.2 Electric vehicle charging station expedited permitting.
(a) For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(1) “Electric vehicle charging station” shall mean the following:
Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(2) “Specific, adverse impact” shall mean a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(3) “Electronic submittal” shall mean the utilization of one or more of the following:
(i) Electronic mail or email.
(ii) The internet.
(iii) Facsimile.
(4) An “association” shall mean a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
(5) A “common interest development” shall mean any of the following:
(i) A community apartment project.
(ii) A condominium project.
(iii) A planned development.
(iv) A stock cooperative.
(b) Purpose. The purpose of this section is to adopt an expedited, electric vehicle charging station permitting process that complies with California Government Code Section 65850.7. Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this electric vehicle charging station permit expediting section. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. This section allows the City to achieve these goals while protecting the public health and safety.
(c) Applicability. This section applies to the permitting of all electric vehicle charging stations located within the City limits.
(d) Electric Vehicle Charging Requirements.
(1) All electric vehicle charging stations shall meet the applicable health and safety standards and requirements imposed by the state and the City.
(2) Electric vehicle charging stations and associated equipment shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and all accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(e) Duties of Building and Safety Division and Building Official.
(1) All documents required for the submission of an expedited electric vehicle charging station application shall be made available on the publicly available City website.
(2) Electronic submittal of the required permit application, checklist, and documents by email, the internet, or facsimile shall be made available to all electric vehicle charging station system permit applicants.
(3) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(4) The City’s Building and Safety Division shall adopt a standard plan and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
(5) The electric vehicle charging station system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California electronic vehicle charging station permitting guidebook adopted by the Governor’s Office of Planning and Research.
(f) Permit Review and Inspection Requirements.
(1) Expedited Review Process. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.
(2) Electronic Submittals. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
(3) Association Approval. Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
(4) Permit Application Processing. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(5) Technical Review. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit.
(§ 1, Ord. 1383-19 (CM), eff. June 27, 2019)
8-1.106 Floor and roof design loads.
(a) Live Loads Posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building are or have been designed to exceed fifty (50) psf (two and four-tenths (2.40) kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
(b) Issuance of Certificate of Occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.
(c) Restrictions on Loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof a load greater than is permitted by this code.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014)
8-1.107 Submittal documents.
(a) General. Submittal documents consisting of construction documents, statements of special inspections, geotechnical report and other data shall be submitted in two (2) or more sets with each permit application. The construction documents shall be prepared by a registered design professional unless excepted by Section 5537 of the Business and Professions Code. 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 is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
(b) Construction Documents. Construction documents shall be in accordance with California Building Code Sections [A]107.2.1 through [A]107.2.6 and this code.
(1) 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.
(2) Fire Protection System Shop Drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 8-9.
(3) Means of Egress. 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 Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
(4) Exterior Wall Envelope. 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 exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that 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.
(5) 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 requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
(6) Design Flood Elevations. Where design flood elevations are not specified, they shall be established in accordance with California Building Code Section 1612.3.1.
(7) Structural Information. The construction documents shall provide the information specified in California Building Code Section 1603.
(c) Examination of Documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the codes and other pertinent laws or ordinances.
(1) Approval of Construction Documents. When the Building Official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One (1) set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative.
(2) Previous Approvals. The codes shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which complies with the codes and ordinances adopted by the jurisdiction at the time the permit was issued and has been pursued in good faith within one hundred eighty (180) days after the effective date of this code and has not been abandoned.
(3) 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 the codes. 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. All proposed phased projects shall be subject to additional examination, approval and inspection fees.
(4) 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 or the owner’s authorized agent 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 or the owner’s authorized agent shall designate a substitute registered design professional in charge who shall perform duties required of the original registered design professional in charge. The Building Official shall be notified in writing by the owner or the owner’s authorized agent 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 submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
(i) 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 the 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 been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Building Official.
(ii) 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. The amended construction documents shall be submitted, reviewed and approved and fees paid before scheduling inspection of that portion of the amended work.
(d) Retention of Construction Documents. One (1) set of approved construction documents shall be retained by the Building Official for a period of not less than one hundred eighty (180) days from date of completion of the permitted work, or as required by State or local laws.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014, as amended by § 1, Ord. 1340-16 (CM), eff. January 1, 2017)
8-1.108 Temporary structures and uses.
(a) General. The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) days. The Building Official is authorized to grant extensions for demonstrated cause.
(b) Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the codes as necessary to ensure public health, safety and general welfare, and shall comply with the requirements of California Building Code Section 3103.
(c) Temporary Power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The Building Official is authorized to terminate such use of temporary power when found to be noncompliant with codes, ordinances and regulations of the jurisdiction or is found to be unsafe. The Building Official shall issue a notice of noncompliance to the utility provider and when possible to the owner or owner’s authorized representative and the building occupant, when termination of temporary power is necessary. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.
(d) Termination of Approval. The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014, as amended by § 1, Ord. 1340-16 (CM), eff. January 1, 2017)
8-1.109 Fees.
(a) Payment of Fees. A permit shall not be valid until the fees prescribed as set forth in the Schedule of Fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
(b) Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the Schedule of Fees established by resolution of the City Council.
(c) Building Permit Valuation. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official.
(d) 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 special investigation to be made before any permit may be issued for such work. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued for the illegal work. The investigation fee shall be equal to the amount of a permit fee required by this chapter for the commenced or completed work as set forth in the City adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title or Chapter 5-33, nor from any penalty prescribed by law.
(e) Related Fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
(f) Refunds.
(1) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
(2) The Building Official may authorize the refunding of not more than eighty (80%) percent of the permit fee paid when no work has been done under a permit issued in accordance with this title and Chapter 5-33. The Building Official may authorize the refunding of not more than eighty (80%) percent of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started.
(3) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014)
8-1.110 Inspections.
(a) General. Construction or work for which a permit is required shall be subject to inspection by the Building Official and 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 owner or the owner’s authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(b) 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.
(c) Required Inspections. The Building Official, upon notification, shall make the inspections set forth in California Building Code Sections 110.3.1 through 110.3.10.2 as amended by this code.
(1) Footing and Foundation Inspection. Footing 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.
(2) 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.
(3) Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in California Building Code Section 1612.5 or California Residential Code Section R322 shall be submitted to the Building Official.
(4) Frame Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking 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. If a combination permit is issued for all trades under one (1) permit the framing inspection may be combined with all other trade inspections when approved by the Building Official.
(5) Lath, Gypsum Board and Gypsum Panel Product Inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.
(6) Fire- and Smoke-Resistant Penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
(7) Energy Efficiency Inspections. Inspections shall be made to determine compliance with construction documents 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.
(8) 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.
(9) Special Inspections. For special inspections, see California Building Code Chapter 17.
(10) Final Inspection. The final inspection shall be made after all work required by the building permit is completed.
(11) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
(i) This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this title but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
(ii) Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.
(iii) To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee in accordance with the City adopted schedule of fees.
(iv) In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
(d) 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.
(e) Inspection Requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official at least one (1) working day before such inspection is desired and work is ready for inspection. It shall be the duty of the permit holder or their duly authorized agent to provide access to and means for inspections of such work that are required by this code. The Building Official may require that every request for inspection be filed in writing or by telephone at the option of the Building Official.
(f) 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 the portion of the construction that is satisfactory as completed, or 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.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014, as amended by § 1, Ord. 1340-16 (CM), eff. January 1, 2017)
8-1.111 Certificate of occupancy.
(a) Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing use or 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 jurisdiction.
(1) Exception.
(i) Certificates of occupancy are not required for work exempt from permits under Section 105.2.
(ii) Accessory buildings and structures.
(iii) All R-3 occupancies.
(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 contains the following:
(1) The building permit number.
(2) The address of the structure.
(3) The name and address of the owner.
(4) A description of that portion of the structure for which the certificate is issued.
(5) A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy 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) The use and occupancy, in accordance with the provisions of California Building Code Chapter 3.
(9) The type of construction as defined in California Building Code Chapter 6.
(10) The design occupant load.
(11) If an automatic sprinkler system is provided, whether the sprinkler system is required.
(12) Any special stipulations and conditions of the building permit.
(c) Temporary Occupancy. 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. A fee for processing and tracking the temporary certificate of occupancy shall be paid by the building owner or the owner’s authorized agent before the temporary certificate of occupancy is issued.
(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 wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where 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 the codes.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014, as amended by § 1, Ord. 1340-16 (CM), eff. January 1, 2017)
8-1.112 Service utilities.
(a) Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Building Official.
(b) Temporary Connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
(c) Authority to Disconnect Service Utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency, where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014)
8-1.113 Board of Appeals.
(a) General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application or interpretations of this title and Chapter 5-33, there shall be and is hereby created a Building Life Safety Appeals Board, hereafter known also as the Local Appeals Board, consisting of members qualified by experience and/or training as set forth in subsection (c) of this section to pass upon matters pertaining to building construction, building service equipment, property maintenance, housing standards and fire regulations and who are not employees of the City. The Building Official shall be an ex officio member and shall act as secretary to the Local Appeals Board relative to appeals for this title and Chapter 5-33, except as to the Fire Code, and the Fire Chief shall be an ex officio member and shall act as secretary to the Board relative to appeals for the Fire Code. The Local Appeals Board shall be appointed by the City Manager. The Board may adopt rules of procedure for conducting its business and shall render all decisions in writing to the appellant with a duplicate copy to the Building Official or the Fire Chief as is appropriate. Appeals to the Local Appeals Board shall be processed in accordance with the provisions and procedures contained in Chapters 5, 6, and 7 of the California Abatement of Dangerous Buildings Code and in Chapter 8‑8.
(b) Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this code.
(c) Qualifications. The Local Appeals Board shall consist of five (5) individuals, one (1) from each of the following:
(1) A retired or currently active registered design professional with architectural or structural engineering experience or a builder or superintendent of building construction with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.
(2) A person with experience in dealing with the disabled community or who has been a community advocate for the disabled community or is a disabled person with a minimum of five (5) years’ experience in the area of disabled access requirements.
(3) A retired or currently active registered design professional with mechanical and plumbing engineering experience or a mechanical contractor or a plumbing contractor with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.
(4) A retired or currently active registered design professional with electrical engineering experience or an electrical contractor with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.
(5) A retired or currently active registered design professional with fire protection engineering experience or a fire protection contractor with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.
(d) Alternate Members. The governing body shall appoint two (2) alternate members who shall be called by the Board Chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.
(e) Chairperson. The Board shall annually select one (1) of its members to serve as Chairperson.
(f) Disqualification of Member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
(g) Appeals. Any person, firm or corporation may register an appeal with the Local Appeals Board for review of any decision of the Building Official about this title and Chapter 5-33; provided, that the appeal is made in writing within thirty (30) days of receipt of notice and is accompanied with the administrative fee specified in the City’s fee schedule for an appeal. All appeals where notices declaring structures or equipment “dangerous” must be submitted within ten (10) days of receipt of notice.
(h) Conditions. Any person shall be permitted to appeal a decision of the Building Official or Fire Chief to the Local Appeals Board when it is claimed that any one (1) or more of the following conditions exist:
(1) The true intent of this title and Chapter 5-33, as described in those codes, has been incorrectly interpreted.
(2) A provision in this title or Chapter 5-33 does not apply.
(3) A decision is arbitrary as it applies to alternatives, new materials or interpretations of this title and Chapter 5-33.
(i) Request for Appeals Action Ratification. For the purposes of this chapter, “request for ratification” shall mean actions required under Section 109.1.5. A written request by the Building Official that the Board approves a proposed solution based upon a finding of “unreasonable hardship” as that term is used in Title 24 of the California Code of Regulations.
(1) The Board must have approved a request for ratification, prior to the approval of plans or issuance of a permit, which requires a finding of unreasonable hardship from an appeal to the Building Official.
(2) The Building Official shall place any appeal consisting of a request for ratification to determine an unreasonable hardship on the Board’s agenda in compliance with provisions contained in this section.
(j) Decisions. The Board shall not render any decision allowing a proposed design solution unless, after the hearing, it finds on the basis of substantial evidence that:
(1) The proposed design is satisfactory and complies with the intent of this chapter; and
(2) The proposed design meets the requirements of Title 24.
(3) Board decisions overruling the Building Official’s decisions shall require four (4) votes. Board decisions ratifying the Building Official’s requests for ratification shall require three (3) votes.
(4) Should the Board render a decision contrary to that of the Building Official, then the decision of Board shall be deemed the decision of the Building Official or Fire Chief.
(k) Decisions Findings and Order.
(1) The decision of the Board shall be final and conclusive.
(2) The findings and order of the Board shall include the following notice:
(i) Notice to parties;
(ii) The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094.6.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014)
8-1.114 Violations.
(a) Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this title and Chapter 5-33.
(b) Notice of Violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of the codes. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(c) Prosecution of Violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the City Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(d) Violation—Penalties. Any person who violates any provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a 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 punishable as set forth in Title 1 (General Provisions). The payment of citations or penalties shall not be exempt from compliance with this title or Chapter 5-33. When applicable, citations under this section shall not be in addition to Section 8-109(d) for work commenced or completed without proper permits and shall not exceed the amount prescribed by Section 8-109(b). Whenever a violation of this title or Chapter 5-33 has been determined by the Building Official or the Fire Chief respectively, all administrative costs to investigate and conduct enforcement will be collected pursuant to Section 1-2.10 based on the hourly code enforcement rate of the City’s adopted fee schedule.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014)
8-1.115 Stop work order.
(a) Authority. Whenever the Building Official finds any work regulated by provisions of this title and Chapter 5-33 being performed in a manner either contrary to the provisions of this title and Chapter 5-33 or dangerous or unsafe, the Building Official is authorized to issue a stop work order.
(b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(c) Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014, as amended by § 1, Ord. 1340-16 (CM), eff. January 1, 2017)
8-1.116 Unsafe structures and equipment.
(a) Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, facilities, 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 an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
(b) Record. The Building Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(c) Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building Official acceptance or rejection of the terms of the order.
(d) Method of Service. Such notice shall be deemed properly served if a copy thereof is (1) delivered to the owner personally; (2) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (3) delivered in any other manner as prescribed by law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
(e) Restoration. The structure or equipment determined to be unsafe by the Building Official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 8-1.105(d) and Chapter 34 of the California Building Code.
(§ 1, Ord. 1296-13 (CM), eff. January 1, 2014)