The purpose of this title is for the protection of public health,
safety and welfare in the unincorporated area of Merced County, state
of California, establishing minimum regulations for the erection,
construction, enlargement, alteration, repair, moving, removal, demolition,
conversion, occupancy, equipment, use, height, area and maintenance
of all buildings and/or structures; establishing minimum regulations
for the installation, alteration, repair, relocation, or replacement
of plumbing and drainage systems; establishing minimum regulations
for the installation, alteration, repair, relocation, or replacement
of all electric wiring, devices, appliances or equipment within or
on any building, structure or premises, in the county of Merced; and
the inspection thereof, establishing minimum regulations for the design,
installation, quality of materials, location, operation, and maintenance
or use of heating, ventilating, cooling, refrigeration systems, incinerators
and other miscellaneous heat producing appliances; providing for the
issuance of permits and collection of fees therefor, and providing
penalties for the violation thereof.
(Ord. 2024 § 1, 2022)
Whenever the following terms appear in this title or in any
way of the California Building Standards Codes referred to herein,
they shall have the meaning ascribed to them in this section unless
the context clearly discloses a different intent.
shall mean the director of the community and economic development
department or the employee in his or her office designated by him
or her as the deputy director - buildings.
when referred to within Chapter 16.12 and the 2022 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12 by reference without further publication, subject to the definitions, clarifications, deletions, and amendments set forth in this title shall also apply to all referenced codes adopted by this title.
shall include construction, erection, enlargement, alteration,
conversion, or moving of a structure.
shall mean the board of supervisors.
is the legally designated head of the department of health
of Merced County or the employee in his or her office designated by
him or her as the health officer.
shall mean the unincorporated portions of the county of Merced.
shall mean the district attorney, save and except when the
duties provided to be performed are those of the county counsel, in
which event the words "legal counsel" shall mean the county
counsel.
(Ord. 2024 § 1, 2022)
It is unlawful for any person, firm, or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert,
or demolish, equip, use, occupy, or maintain any building/structure,
mechanical systems/equipment, plumbing system, or electrical system/equipment,
or cause or permit the same to be done, or maintain an unsafe structure
or sub-standard housing contrary to, or in violation of, any of the
provisions of this title.
A.
Any
person, firm, or corporation violating any of the provisions of this
title shall be guilty of a misdemeanor or an infraction. Each such
person, firm, or corporation shall be deemed guilty of a separate
offense for each and every day, or portion thereof, during which each
and any violation of any provision of this title is committed, continued,
or permitted, and upon conviction of any such violation, such person,
firm, or corporation shall be punished by a fine of not more than
$1,000 or by imprisonment in the County Jail for not exceeding six
months, or by both such fine and imprisonment if they are charged
with a misdemeanor violation or shall be punishable by: (1) a fine
not exceeding $100 for first violation; (2) a fine not exceeding $200
for the second violation of the section within one year; (3) a fine
not exceeding $500 for each additional violation of the same section
within one year, if such violation be deemed an infraction. The provisions
of this section are in addition to and independent of any other sanctions,
penalties or costs which are or may be imposed for a violation of
any of the provisions of this Code.
B.
Violation—Abatement.
Any building or structure set up, erected, constructed, altered, enlarged,
converted, moved, or maintained contrary to the provisions of this
title, and any use of land, building, or premises established, conducted,
operated, or maintained contrary to the provisions of this title,
shall be and the same is declared to be unlawful and a public nuisance
and may be enjoined, abated and prevented in the manner provided for
the abatement of a public nuisance by the laws of the state or by
local ordinance.
C.
An
act or omission which is made punishable in different ways by different
provisions of this title may be punished under any of such provisions
or by any other remedy provided by law.
(Ord. 2024 § 1, 2022)
No licensing shall be required to do any work of any kind related to single family owner-occupied residences or structures listed under Section 16.12.110(A) and (B) of this chapter and it shall be sufficient that the work itself meets the requirements of this title irrespective of the person who may have performed the work.
(Ord. 2024 § 1, 2022)
A.
In
order to provide for reasonable interpretation of and to mitigate
specific provisions of the codes referenced in this title, which create
practical difficulties in their enforcement and to hear appeals provided
for hereunder, there is hereby established a housing advisory and
building code board of appeals which shall serve as the board of appeals
for both the environmental health and building and safety divisions,
and shall consist of five members who are qualified by experience
and training to pass upon the following matters:
B.
Appeals
board members shall not be employees of the county of Merced. The
board shall adopt rules of procedure for conducting its business and
shall render all decisions and findings in writing to the appellant
with a copy to the health officer and/or building official, depending
on the decision being appealed. Appeals to the board shall be processed
in accordance with the provisions contained in Section 1201 of the
Uniform Housing Code. Copies of all rules of procedure adopted by
the board shall be delivered to the building official and health officer,
who shall make them accessible to the public. The board of supervisors
shall appoint members, to be recommended by the health officer and
building official, who are qualified by experience and training to
pass upon matters pertaining to housing and building codes, to the
board of appeals, two of whom shall serve a two-year term, three of
whom shall serve a three-year term; however, no member shall serve
more than three consecutive terms. The building official and health
officer shall be ex-officio members and the building official shall
act as secretary to the board of appeals for building code appeals
and the health officer shall act as secretary to the board of appeals
for housing code appeals. The board of appeals shall adopt reasonable
rules and regulations for conducting its investigations and shall
render all decisions and findings in writing to the building official
for building code appeals and the health officer for housing code
appeals, with a duplicate copy to the appellant. Appeal decisions
shall be final.
(Ord. 2024 § 1, 2022)
A.
No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure subject to the provisions of this title, or cause the same to be done, without first obtaining a separate permit for each building or structure from the building official. Permits for each building or structure are required for structural, plumbing, electrical and mechanical work as provided in this title. The application and all other matters relating to said permit shall be as is set forth in Chapter 1 Division II "Scope and Administration" Part 2 "Administration and Enforcement" of the 2022 California Building Standards Code, which are incorporated in this section by reference as though fully set forth herein with amendments as set forth herein. A separate permit shall be required for each structure or building except that a private, attached garage on the lot with a residence may be included in the permit for the residence. A separate structure or building shall be defined as a structure covered by one roof. The continuation of roofs from one building to another may be considered as a portion of the main structure.
B.
Every permit issued by the building official under provisions of this title shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 calendar days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 calendar days. A permit shall continue to remain active provided the builder completes and obtains an approval for at least one major phase of the construction project within 180 calendar days (a major phase of construction is considered to be foundation, shear and roof nail, framing, energy compliance, gypsum board nail, final and other inspections as approved by the building official). Before work of an expired permit can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be the same amount required for a new permit for such work, but in no case less than $75. No permit fee or plan review fee shall be refunded. Upon failure to make application and obtain any required permit before commencing work, the permit fee shall be twice the regular amount for the first offense and for subsequent offenses by the same person, firm or corporation, permit fees shall be increased as specified in Section 16.16.020(C) of this title.
C.
Any
permittee holding an unexpired permit may apply for an extension of
the time within which he or she may commence work under that permit
when he or she is unable to commence work within the time required
by this section for good and satisfactory reasons, as determined by
the building official. The building official may extend the time for
action by the permittee for a period not exceeding 180 days upon written
request by the permittee showing that circumstances beyond the control
of the permittee have prevented action from being taken. No permit
shall be extended more than once.
D.
No
applications for building permits, certificates of occupancy or other
forms of clearance requests, other than requests for public information,
shall be accepted or processed nor issued for parcels in violation
of provisions of Title 16 of this Code unless such building permit
is issued for the purpose of correcting the violation.
(Ord. 2024 § 1, 2022)
No person shall move, or cause to be moved, any building or
structures within the unincorporated area of the county of Merced,
without first obtaining a pre-move inspection, a building permit,
a transportation permit and complying with Merced County planning
ordinances.
(Ord. 2024 § 1, 2022)
Any person desiring a building permit required by this title,
at the time of filing an application shall pay a fee as required.
Fees will be established by the county of Merced County board of supervisors
pursuant to resolution.
(Ord. 2024 § 1, 2022)
In addition to the regular fees provided herein and where the
permittee desires to occupy the new structure, excluding Group R Division
3 occupancies, before the final inspection can be completed, he may
deposit with the building official, or in an approved irrevocable
escrow, cash or its equivalent in the amount of one and one-half times
the estimated cost of completion, established by the building official,
for the purpose of insuring the completion of the work, which sum
is to be refunded to the permittee upon its completion. Said sum may
be partially released to the depositor by the building official during
the progress of the work. In the event the construction work covered
by the cash deposit is not completed within 60 calendar days following
the date of the issuance of the cash deposit, said sum remaining on
deposit shall be forfeited to the county of Merced and transferred
to the general fund of the county upon 30 days' written notice
given to the permittee, to be used by the County to complete the work
covered by the deposit.
(Ord. 2024 § 1, 2022)
A.
Chapter 16.16 of this title shall not apply to any building designated and intended to be used for the sale of seasonal agricultural products grown upon the premises upon which it is located, and which structure is of a size less than 200 square feet in area. This section exempts only provisions of this Merced County Ordinance and is not intended to supersede applicable state laws or any other county ordinances.
B.
Chapter 16.16 of this title shall not apply to a building designed or constructed as a detached, single story shed for personal use, not exceeding 120 square feet in floor area, not exceeding 12 feet in height, with no electrical and no plumbing (only one such building exempted under this provision will be allowed for each dwelling on a parcel; additional sheds will require a building permit and planning department review); wood or steel fences not exceeding six feet in height; residential block, brick, stucco or concrete walls not exceeding four feet in height, and residential retaining walls not exceeding two feet in height. This section exempts only provisions of this Merced County Ordinance and is not intended to supersede any applicable state laws or any other county ordinances.
C.
This
title shall not be applicable to buildings, structures, power plants,
facilities, equipment, or installations owned or to be constructed
by or for a public utility when the provisions of design and inspections
of these structures are subject to the full jurisdiction of the California
Public Utilities Commission or the Federal Power Commission and/or
is constructed on federal or state-owned lands.
(Ord. 2024 § 1, 2022)
This section may be waived for the construction of any structure
on any parcel of land in any zone district within the unincorporated
area of the county of Merced when all the following conditions exist:
A.
Any
city in the county has commenced, by the adoption of an appropriate
resolution, annexation proceedings of that property upon which the
structure or structures are to be erected.
B.
The
county building official has made a finding that the following conditions
exist:
C.
The
owner shall comply with all city ordinances relating to the construction
of structures, including the securing of permits, as would be required
if the property were within the incorporated area of such city.
D.
In
the event the annexation proceedings are not consummated within 120
days following the date of approval by the county building official,
or the owner does not comply with the city ordinances as certified
to by the city building official, the county shall order the work
stopped by notice in writing served on any person engaged in the doing
or causing such work to be done, and any such persons shall forthwith
stop such work. Any further construction shall thereafter be in accordance
with the county building regulations. The county building official,
with the consent of the city building official, may extend the time
to consummate such annexation as provided herein for a period not
to exceed 30 days where sufficient evidence of an unusual or unforeseen
condition exists which could not be reasonably anticipated by the
owner.
(Ord. 2024 § 1, 2022)
A.
Seasonal
dwelling units designed for a Group R occupancy, such as hunting clubs,
etc., may be constructed in accordance with the alternate standards
hereinafter stated. A seasonal dwelling unit is a structure, or portion
thereof, that is intended to provide sleeping quarters for a period
of not to exceed 180 days in a calendar year, is incidental to the
recreational use of real property, and the size of each unit does
not exceed 600 square feet. The alternate construction standards for
a seasonal dwelling unit are as follows:
1.
An
individual kitchen need not be provided when a central kitchen is
established within 300 feet of the dwelling. In the event an individual
kitchen is provided, it shall be located in a separate area of not
less than seven feet by seven feet in size, and shall contain cooking
and food preparation facilities consisting of a properly trapped and
vented sink supplied with hot and cold running water, a receptacle
for a refrigerator and an approved kitchen range or cooking appliance
with a local vent.
2.
Bathroom
facilities as required in Appendix C of the 2022 California Plumbing
Code as adopted by this title shall be required except where community
facilities meeting dormitory standards set forth in said appendix
are provided.
3.
Individual
electrical service shall be in accordance with the actual demand load,
but not less than 60 amperes in size.
4.
A
continuous foundation is not required, but all load-bearing members
shall be designed to sustain the intended load.
B.
In
consideration of the purpose intended, the above standards for seasonal
dwelling units are hereby considered to be an equivalent alternate
to the standards of this title. All other provisions of this title
shall be applicable thereto. In the event the use of said structure
is extended beyond said 180 day period, it shall be reconstructed
to comply with all provisions of this title and the necessary building
permits secured.
(Ord. 2024 § 1, 2022)
The final plumbing, electrical, structural, pool barrier, alarms
and mechanical inspections must be completed on all swimming pools
prior to the application of the finished coat of plaster and/or filling
the pool with water. All mechanical and electrical equipment shall
be mechanically fastened to structures and/or to concrete equipment
slabs.
(Ord. 2024 § 1, 2022)
The construction standards set forth in that portion of the
Mobile Home and Mobile Home Parks Act as provided in Division 13,
Part 2 of the Health and Safety Code of the state of California in
effect, together with all rules and regulations to implement, to interpret,
and made specific the provision of the Health and Safety Code as provided
in Title 25, Chapter 3, Subchapter 2, of the California Code of Regulations
in effect, is hereby adopted by reference, except as herein otherwise
provided, and is applicable to and shall govern the occupancy of all
mobile home accessory structures within the unincorporated areas of
the county of Merced, except such use and construction in mobile home
parks, recreation trailer parks, or temporary trailer parks which
are subject to regulation by the Division of Housing and Community
Development of the state of California. In the event said Act and
implementing regulations do not set forth a standard of construction
therefor, then the remaining provision of this section shall be applicable:
A.
Refer
to Merced County community and economic development department ordinances
related to mobile homes for additional requirements.
B.
The
definition of a "mobile home" or "manufactured home"
shall be the same as defined in the Mobile Home and Mobile Home Park
Law referred to above. Accessory structures shall include among other
structures, portable or permanent cabanas, ramadas, storage cabinets,
carports, porches, or windbreaks.
C.
A continuous
perimeter foundation for accessory structures shall not be required
where said structure is under 600 square feet of floor area and the
structure's foundation is supported on either non-combustible
piers or footings.
D.
During
the period of occupancy of the mobile home, any hazardous condition
or state of disrepair of a mechanical or electrical installation which
is not immediately corrected upon demand of the building official
shall constitute sufficient cause for the building official to order
the disconnection of electrical and gas services by the serving utility.
If such service is obtained from a secondary source, the building
official may order the disconnection of electrical service by the
serving utility from source providing the illegal connection.
E.
In
the event an accessory structure no longer serves a mobile home, then
such structure shall be made to conform to the occupancy classification
as determined by the building official in accordance with the requirements
of this title.
(Ord. 2024 § 1, 2022)
Not less than three copies of each primary code hereby adopted
by reference and each secondary code pertaining thereto, all certified
to be true copies shall be filed in the office of said clerk and shall
be kept there for public inspection while this title is in force;
provided, that after the adoption of the code by reference, two of
these copies of the primary code and secondary code may be kept in
the office of the building official instead of the office of the clerk
of the board of supervisors.
(Ord. 2024 § 1, 2022)
