Those certain documents, three certified copies of which one is filed in the office of the clerk, and two in the office of the deputy director - buildings, marked and designated as California Code of Regulations Title 24, Part 2, 2022 California Building Code, Volumes 1 and 2, including Scope and Administration Division II, Part 2 Administration and Enforcement, Appendix C "Group U Agricultural Buildings," Appendix F, "Rodent Proofing," Appendix I "Patio Covers" and Appendix J, "Grading," based on the 2021 International Building Code as published by the International Code Council and amended by the California Building Standards Commission is hereby adopted by reference and, except as herein otherwise provided, are applicable to and shall cover all construction within the unincorporated area of the county of Merced.
(Ord. 2024 § 2, 2022)
The following sections of the California Building Code are deleted,
amended or superseded by other provisions as is hereinafter indicated:
A.
Section
103.1 of the 2022 California Building Code is amended to read, as
follows:
The County of Merced Building and Safety Division is created
and the Official in charge is under the jurisdiction of the Director
of Community and Economic Development Department. The appointed designee
shall be the "Deputy Director - Buildings."
B.
Amend
Section 109.4 of the California Building Code to include:
Whenever work for which any permit is required is started without
first obtaining said permit, an investigation fee shall be charged.
The investigation fee charged for the first (1st) occurrence shall
be equal to one times (1x) the normal permit fee established in Table
1-A of this title; the second (2nd) occurrence by the same person,
firm or corporation within a five year period shall result in an investigation
fee equal to two times (2x) the normal permit fee established in Table
1-A; the third (3rd) occurrence by the same person, firm or corporation
within a five year period shall result in an investigation fee equal
to three times (3x) the normal permit fee established in Table 1-A;
the fourth (4th) occurrence by the same person, firm or corporation
within a five year period shall result in an investigation fee equal
to four times (4x) the normal permit fee established in Table 1-A;
the fifth (5th) and each subsequent occurrence by the same person,
firm or corporation thereafter shall result in an investigation fee
equal to five times (5x) the normal permit fee established in Table
1-A. This fee will be collected whether or not a permit is then or
subsequently issued. The payment of such investigation fee shall not
exempt any person from compliance with all other provisions of this
code, nor from any other penalties prescribed by this Ordinance, nor
from any other penalties prescribed by law.
C.
Section
105.3.2 of the 2022 California Building Code is amended as follows:
Applications submitted for plan review for which no permit is
issued and on which no action is taken by the applicant for 90 calendar
days shall be deemed canceled by the permittee and shall expire by
limitation. Plans and other data submitted for review may be destroyed
if they have not been picked up by the applicant within 15 calendar
days from the time notice is mailed to the applicant. In order to
renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
D.
Section
1609.4.3 is amended by adding:
For the purpose of this Code, the entire unincorporated area
of the County of Merced is hereby declared to be, and is hereby, established
as Exposure C, unless the Engineer or Architect can justify to the
Building Official, by a study or survey, that the building site and
surrounding terrain conform to the criteria for Exposure B.
E.
California
Building Code. The following Appendix chapters of the 2022 California
Building Code, are amended to read as follows:
1.
Appendix
J, Section J101.1 "Scope," is amended to read as follows:
The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments necessary for the support of foundations that are supporting the structures constructed by these building codes. The requirements of Merced County Code Chapter 9.53 Regulation of Stormwater shall also apply in its entirety. All other grading on the property that are not associated with a structure and its associated permits is subject to review by the Building Official. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern.
2.
Appendix
J, Section J101.2 "Flood Hazard Areas" is amended to read
as follows:
The provisions of this chapter shall not apply to grading, excavation
and earthwork construction, including fills and embankments, in floodways
within flood hazard areas where design flood elevations are specified.
All grading in flood hazard areas shall be performed in accordance with the Merced County Code Chapter 18.34 – Special Flood Hazard Areas; Title 18 Chapter 18.34 Special Flood Hazard Areas, Federal Emergency Management Agency (FEMA) guidelines and other regulations of the County pertaining to grading operations.
(Ord. 2024 § 2, 2022)
