ARTICLE II
BUILDING REGULATIONS
Sections:
5-20 Title.
5-21 General provisions.
5-22 Findings, Local Amendments.
5-23 Adoption of Model Codes.
5-24 Definitions.
5-25 Administration / Enforcement.
5-26 Exemptions.
5-27 Permits.
5-28 Computation of Fees.
5-29 Refunds.
5-30 Inspections.
5-31 Liability of the City.
(5-32 through 5-39 Reserved for future changes)
Section 5-20. Title
This Article shall be known and may be referred to in all proceedings as the "City of Alturas Building Code".
Section 5-21. General provisions.
(A) Purpose.
The purpose of this Article is to enact regulations relating to buildings and structures as required by the State Building Standards and State Housing Laws and to provide for their enforcement by the Building Official. The applicable provisions of this Article shall apply to all Sections contained in this Chapter.
(B) Territorial applicability.
The provisions of this Chapter shall apply to all the incorporated territory of the City.
(C) Local Amendments.
Pursuant to Health and Safety Code Section 17958.5, local amendments due to local topo-geographical, geographical and/or climatic conditions may be made based on reasonable necessity.
Section 5-22. Findings, Local Amendments.
The City of Alturas is located in Modoc County. Modoc County is a high desert region and experiences hot dry summers and cold relatively dry winters. Due to Modoc County’s high elevation, mountain and valley topography, extreme temperature variations certain modifications are necessary for implementation of this Article. These modifications shall be known as Exhibit C, Local Amendments, Part I, II, & III. These modifications shall be adopted pursuant to this Section, and Section 5-23, and remain concurrent with any subsequent editions of the adopted Model Codes.
Section 5-23. Adoption of Model Codes.
(A) The Model Codes of the International Conference of Building Officials, and noted appendices, with local amendments as allowed by Section 5-22 for local topo-geographical, geographical and/or climatic constraints and all subsequent editions thereof, are hereby adopted by this reference with the same force and effect as if fully set forth in this subsection.
(1) Adoption of the Uniform Building Code of the International Conference of Building Officials. The Uniform Building Code, 1997 Edition, Volumes 1, 2, & 3. Appendix Chapters A3, A4, A12, A15, A16, A18, A19, A23, A29, A31, and all subsequent editions thereof. Appendix Chapter A33 shall only apply when there is a structure or building associated with a grading project for which a building permit is required.
(2) Adoption of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials. The Uniform Plumbing Code, 1997 Edition, and all Appendices thereto and all subsequent edition thereof.
(3) Adoption of the Uniform Mechanical Code of the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials. The Uniform Mechanical Code, 1997 Edition, and all Appendices thereto and all subsequent edition thereof.
(4) Adoption of the Uniform Housing Code of the International Conference of Building Officials. The Uniform Housing Code, 1997 Edition, and all subsequent editions thereof.
(5) Adoption of the Abatement of Dangerous Buildings Code of the International Conference of Building Officials. The Abatement of Dangerous Buildings Code, 1997 Edition, and all subsequent editions thereof.
(6) Adoption of the Uniform Code for the Conservation of Buildings of the International Conference of Building Officials. Uniform Code for the Conservation of Buildings, 1997 Edition, and all subsequent editions thereof.
(7) Adoption of the National Electrical Code, of the National Fire Protection Association. The National Electrical Code, 1996 Edition and references to the 1997 National Fire Code, and all subsequent editions thereof.
(8) Adoption of the Uniform Administrative Code Provisions for the National Electrical Code of the International Conference of Building Officials. The Uniform Administrative Code Provisions for the N.E.C., 1996 Edition, and all subsequent editions thereof.
(9) Adoption of the Uniform Administrative Code Provisions for the Uniform Building Code of the International Conference of Building Officials. The Uniform Administrative Code , 1997 Edition, and all subsequent editions thereof.
(10) Adoption of the Uniform Fire Code of the International Conference of Building Officials. The Uniform Fire Code, 1997 Edition, Volumes 1 & 2 and all subsequent editions thereof.
(11) Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code of the International Conference of Building Officials. The Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, and all subsequent editions thereof.
(12) Adoption of the Uniform Solar Energy Code of the International Conference of Building Officials. The Uniform Solar Energy Code, 1997 Edition, and all subsequent editions thereof.
(13) Adoption of the Uniform Sign Code of the International Conference of Building Officials. The Uniform Sign Code, 1997 Edition, and all subsequent editions thereof.
(B) Effective dates of enforcement shall be 180 days after formal adoption by the State of California of the Model Codes with State Amendments.
Section 5-24. Definitions.
(A) Building. Shall be used in this chapter to be any new or existing roofed and walled structure used or intended for supporting or sheltering any use or occupancy, (may be a residence or commercial structure).
(B) Structure. Shall be used in this chapter to be any new or existing construction detached from a residence or commercial property (roofed or walled) that should not be used for human habitation.
(C) New construction. Means any work beyond the stage of excavation. New construction does not include (1) land preparation, such as clearing, grading and filling, except as specified in Section 5-23, (2) excavations for footings, piers, or foundation or the erection of temporary forms, (3) the installation of landscaping, patios, walkways, or any of the work exempt from permit under Appendix A-33, Excavation and Grading, Section 3306.2. This part does not authorize any person(s) to perform grading on private or public properties without first obtaining approval from other local, state, or federal agencies as may be required.
Section 5-25. Administration / Enforcement.
(A) Administration. The implementation of this Article shall be enforced as specified in Article I under the provisions set-forth in Section 5-21 and the provisions of the Model Codes adopted pursuant to Section 5-23, except as amended by Section 5-22, as noted in Exhibit C, Parts I, II, & III; and incorporating those policies and guidelines as adopted pursuant to Exhibit D. Exhibit D, Article V may be amended as necessary to remain current with those State Laws as affected from time to time due to the passage of legislation.
(B) Enforcement. This Article shall be enforced by the Department of Public Works, except as specified in item #1, this section. The Director of Public Works is the building official for the City of Alturas. The building official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.
(1) Appendix Chapter I, of the Uniform Plumbing Code, 1997 Edition, shall be enforced by the Modoc County Environmental Health Department.
(C) Policies & Guidelines. The Department of Public Works shall develop policies and guidelines for the implementation of the regulations contained in this Article. These policies, and guidelines shall be used to implement this Article and shall not be construed to restrict or inhibit the issuance, or implementation, of permits. This policy shall be referred to as Exhibit D. The provisions contained in these articles are a part of this Article and shall have the same force and affect as other provisions contained in this Article.
(D) Permanent utility connections. It shall be unlawful for any person or utility company to connect electric power lines or natural gas or liquid petroleum gas or other fuel sources permanently to any building or structure for which a building permit is required by this Chapter until the appropriate inspection has been made, except as specified in Exhibit D.
(E) Work without a permit is unlawful. Except as specified in Section 5-26, it shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this Chapter without having first obtained a building permit therefor from the City of Alturas Department of Public Works.
(F) Certificates of use and occupancy. It shall be unlawful for any person, firm, or corporation to use or occupy any building or structures without first obtaining a certificate of use and occupancy when required by Section 109 of the Uniform Building Code. A Notice of Completion shall be considered the same as a Certificate of Occupancy.
(G) Violations; Penalties. Any person, firm or corporation violating any provision of this Article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars, or by imprisonment in the County Jail for a term not to exceed six (6) months, or by both such fine and imprisonment. Each and every day during any portion of which any provision of this Article is violated shall be deemed to be a separate offense and shall be punishable as provided in this subsection.
Section 5-26. Exemptions.
(A) All work exempt from permit(s) as specified in each of the adopted codes as adopted by Section 5-23. The referenced exempted work shall be made a part of this chapter and shall be referred to as Exhibit A.
(B) Nothing contained in this Article shall be construed to prevent any person from performing his/her own building, plumbing, electrical or mechanical work for his/her own private use when performed with the appropriate permit(s) and in compliance with the provisions of this chapter and adopted Codes and as allowed by State Law.
Section 5-27. Permits.
(A) Permit application. Application for permits shall be made in the manner specified in Section 106.4 of the Uniform Building Code. Application shall be accompanied by plans and specifications as required. Plans shall be subject to retention by the Department of Public Works.
(B) Issuance of permits. A permit for new construction may not be issued by the Department of Public Works unless and until the following has been provided:
(1) Connection to the City sewage disposal system;
(2) Connection to the City domestic water supply;
(3) Approval by the City Planning Department as to compliance of the application for permit with applicable City General and Specific Plans, City Zoning Laws or other applicable regulations;
(4) Approval by the Public Works Department as to compliance of the application for permit for encroachment onto the City Street system or other Street Department regulations;
(5) Approval by the California State Department of Transportation as to compliance of the application for permit for encroachment onto the State Road system or other applicable regulations;
(6) The Department of Public Works shall check the application, plans, and specifications and issue or deny a building permit for such work in the manner specified in Section 106.4 of the Uniform Building Code.
(7) Applicant shall meet all requirements of Chapter 22 of the Alturas City Code relating to the installation of curb, gutter, sidewalks and driveways.
Section 5-27. Computation of fees.
(A) Permit fees shall be assigned based on the value of the proposed construction except as noted in Section 5-28, (C). The total valuation used to compute fees shall be determined by evidence showing the actual cost of the proposed construction. This evidence shall be in the form of contract or by other reliable evidence for verification of true account of such valuation. The Building Official shall compare this valuation or, if none is given, assign a valuation in accordance with Exhibit B, Part I, and such valuation shall be used for the value of the work on such permit application. This shall be the assigned value of the construction and the permit fee shall be assigned as established in Exhibit B, Part II & III or be based and computed on this valuation from Exhibit B, Part III & IV.
(B) The schedule of valuations and fees is contained in Exhibit B, Parts I, II, III & IV, attached hereto and is incorporated by this reference.
(C) Fee exception: A permit will be issued without a fee for governmental agencies and quasi-governmental agencies, including, but not limited to, fire companies; when such permit authorizes work to be done on properties of such agencies and the governmental or quasi-governmental entities obtain the permit(s) themselves. Notwithstanding the above waiver of fee, the Essential Services Buildings Seismic Safety Act of 1986 requires that certain tests and inspections be made on specified buildings by a registered or licensed third party. The costs or expenses associated with such tests and inspections will be paid for by the affected public or quasi-governmental entity.
Section 5-29. Refunds.
The Building Official may approve a request for refund if made in accordance with Section 107.6 of the Uniform Building Code.
Section 5-30. Inspections.
(A) Inspections required. All work for which a permit is required by this Article shall be subject to inspection and approval by the Building Official.
(B) Inspection record cards. Work requiring a permit shall not commence until the permit holder, or his/her agent has approval by the Building Official and shall have posted an inspection record card, issued by the Building Official unless as provided for in Exhibit D, Policies & Guidelines. The inspection record card shall be posted in a conspicuous place on the premises and in such a position as to allow the required entries to be made thereon regarding inspection of the work.
(C) Approval required. It shall be unlawful for any person to continue any work beyond the point indicated for each of the inspections without first having prior approval by the Building Official.
Section 5-31. Liability of the City.
(5-32 through 5-39 Reserved for future changes)