The purpose of this article is to provide for the administration
and enforcement of the technical building codes adopted by this jurisdiction.
(Ord. No. 2003-03, § 1, 2-12-03)
The provisions of this article shall serve as the administrative,
organizational and enforcement rules and regulations for the technical
codes which regulate site preparation and construction, location,
alteration, moving, demolition, repair, use and occupancy of buildings,
structures, and building service equipment within this jurisdiction.
(Ord. No. 2003-03, § 1, 2-12-03)
The following technical codes are adopted by the City of Escondido:
(a)
The
2022 California Building Code, California Code of Regulations, Title
24, Part 2, including Appendix Chapters C and I.
(b)
The
2022 California Residential Code, California Code of Regulations,
Title 24, Part 2.5, including Appendix Chapter H.
(c)
The
2022 California Electrical Code, California Code of Regulations, Title
24, Part 3.
(d)
The
2022 California Mechanical Code, California Code of Regulations, Title
24, Part 4.
(e)
The
2022 California Plumbing Code, California Code of Regulations, Title
24, Part 5, including Appendix Chapters A, D and H.
(f)
The
2022 California Historical Building Code, California Code of Regulations
Title 24, Part 8.
(g)
The
2022 California Existing Building Code, California Code of Regulations,
Title 24, Part 10.
(h)
The
2022 California Green Building Standards Code, California Code of
Regulations, Title 24, Part 11, excluding all appendices.
(i)
The
2022 California Energy Code, Title 24, Part 6.
(j)
The
2019 California Referenced Standards Code, California Code of Regulations,
Title 24, Part 12.
(Ord. No. 2022-21, § 1, 12-7-22)
Sec. 6-2.1.
General. Buildings, structures and
their building service equipment to which additions, alterations or
repairs are made shall comply with all the requirements of the technical
codes for new facilities, except as specifically provided in this
section.
Sec. 6-2.2.
Additions, alterations or repairs.
Sec. 6-2.2.1.
Additions, alterations or repairs
may be made to a building or its building service equipment without
requiring the existing building or its building service equipment
to comply with all the requirements of the technical codes, provided
the addition, alteration or repair conforms to that required for a
new building or building service equipment.
Sec. 6-2.2.2.
Additions or alterations shall not
be made to an existing building or building service equipment which
will cause the existing building or building service equipment to
be in violation of the provisions of the technical codes nor shall
such additions or alterations cause the existing building or building
service equipment to become unsafe.
Sec. 6-2.2.3.
An unsafe condition shall be deemed
to have been created if an addition or alteration will cause the existing
building or building service equipment to become structurally unsafe
or overloaded; will not provide adequate egress in compliance with
the provisions of the Building Code or will obstruct existing exits;
will create a fire hazard; will reduce required fire resistance; will
cause building service equipment to become overloaded or exceed their
rated capacities; will create a health hazard or will otherwise create
conditions dangerous to human life.
Sec. 6-2.2.4.
A building so altered, which involves
a change in use or occupancy, shall not exceed the height, number
of stories and area permitted by the Building Code for new buildings.
A building plus new additions shall not exceed the height, number
of stories and area specified by the Building Code for new buildings.
Sec. 6-2.2.5.
Additions or alterations shall not
be made to an existing building or structure when the existing building
or structure is not in full compliance with the provisions of the
Building Code except when the addition or alteration will result in
the existing building or structure being no more hazardous based on
life safety, fire safety and sanitation, than before such additions
or alterations are undertaken.
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EXCEPTIONS:
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Sec. 6-2.2.6.
Alterations of existing structural
elements, or additions of new structural elements, which are not required
by Section 6-2.4 and which are initiated for the purpose of increasing
the lateral force-resisting strength or stiffness of an existing structure
need not be designed for forces conforming to these regulations provided
that an engineering analysis is submitted to show that:
Sec. 6-2.2.6.1.
The capacity of existing structural
elements required to resist forces is not reduced, and
Sec. 6-2.2.6.2.
The lateral loading to required
existing structural elements is not increased beyond their capacity,
and
Sec. 6-2.2.6.3.
New structural elements are detailed
and connected to the existing structural elements as required by these
regulations, and
Sec. 6-2.2.6.4.
New or relocated nonstructural
elements are detailed and connected to existing or new structural
elements as required by these regulations, and
Sec. 6-2.2.6.5.
An unsafe condition as defined
above is not created.
Sec. 6-2.2.6.6.
Alterations or repairs to an existing
building or structure which are nonstructural and do not adversely
affect a structural member or a part of the building or structure
having required fire resistance may be made with the same materials
of which the building or structure is constructed, subject to approval
by the building official. Installation or replacement of glass shall
be as required for new installations.
Sec. 6-2.2.6.7.
Minor additions, alterations and
repairs to existing building service equipment installations may be
made in accordance with the technical code in effect at the time the
original installation was made, subject to approval of the building
official, and provided such additions, alterations and repairs will
not cause the existing building service equipment to become unsafe,
unsanitary or overloaded.
(Ord. No. 2003-03, § 1, 2-12-03)
Building service equipment lawfully in existence at the time
of the adoption of the technical codes may have their use, maintenance
or repair continued if the use, maintenance or repair is in accordance
with the original design and a hazard to life, health or property
has not been created by such building service equipment.
(Ord. No. 2003-03, § 1, 2-12-03)
Buildings in existence at the time of the adoption of the Building
Code may have their existing use or occupancy continued if the use
or occupancy was legal at the time of the adoption of the Building
Code, and provided continued use is not dangerous to life, health
and safety.
A change in the use or occupancy of any existing building or
structure shall comply with the provisions of section 6-21 of this
code and of the Building Code.
(Ord. No. 2003-03, § 1, 2-12-03)
Buildings, structures and building service equipment, existing
and new, and parts thereof shall be maintained in a safe and sanitary
condition. Devices or safeguards which are required by the technical
codes shall be maintained in conformance with the technical code under
which installed. The owner or the owner's designated agent shall be
responsible for the maintenance of buildings, structures and their
building service equipment. To determine compliance with this section,
the building official may cause a structure to be reinspected.
(Ord. No. 2003-03, § 1, 2-12-03)
Buildings, structures and their building service equipment moved
into or within this jurisdiction shall comply with the provisions
of the technical codes for new buildings or structures and their building
service equipment, except as modified by state regulations.
(Ord. No. 2003-03, § 1, 2-12-03)
Temporary structures such as reviewing stands and other miscellaneous
structures, sheds, canopies or fences used for the protection of the
public around and in conjunction with construction work may be erected
by special permit from the building official for a limited period
of time.
Buildings or structures erected under a special permit need
not comply with the type of construction or fire-resistive time periods
required by the Building Code. Temporary buildings or structures shall
be completely removed upon the expiration of the time limit stated
in the permit.
(Ord. No. 2003-03, § 1, 2-12-03)
Repairs, alterations and additions necessary for the preservation,
restoration, rehabilitation or continued use of a building, structure,
or its building service equipment may be made without conforming to
the requirements of the technical codes when authorized by the building
official, provided:
Sec. 6-2.8.1.
The building or structure has been
designated by official action of the legally constituted authority
of this jurisdiction as having special historical or architectural
significance.
Sec. 6-2.8.2.
Unsafe conditions as described in
this code are corrected.
Sec. 6-2.8.3.
The restored building or structure
and its building service equipment will be no more hazardous based
on life safety, fire safety and sanitation than the existing building.
(Ord. No. 2003-03, § 1, 2-12-03)
For the purpose of this code, certain terms, phrases, words
and their derivatives shall be construed as specified in this section.
Where terms are not defined, they shall have their ordinarily accepted
meanings within the context with which they are used. Webster's Third
New International Dictionary of the English Language, Unabridged,
shall provide such ordinary meanings. Words used in the singular include
the plural, and the plural the singular. Words used in the masculine
gender include the feminine, and the feminine include the masculine.
is an extension or increase in floor area or height of a
building or structure.
is a change or modification in construction or building service
equipment.
as to materials, types of construction, equipment and systems,
refers to approval by the building official as the result of investigation
and tests conducted by the building official, or by reason of accepted
principles or tests by recognized authorities, technical or scientific
organizations.
is an established and recognized agency regularly engaged
in conducting tests or furnishing inspection services, when the agency
has been approved by the building official.
is a structure used or intended for supporting or sheltering
a use or occupancy.
is the California Building Code, as adopted and amended by
the City in Article 3 of this Chapter.
is a building erected prior to the adoption of this code,
or one for which a legal building permit has been issued.
is the manager of the city's building division.
refers to the plumbing, mechanical, electrical and elevator
equipment including piping, wiring, fixtures and other accessories
which provide sanitation, lighting, heating, ventilation, cooling,
refrigeration, fire-fighting and transportation facilities essential
to the occupancy of the building or structure for its designated use.
is the California Code related to seismic conservation of
masonry buildings, as adopted and amended by the city in Article 8
of this chapter.
is the California Electrical Code, as adopted and amended
by the city in Article 6 of this Chapter.
is the safety code for elevators, dumbwaiters, escalators
and moving walks as adopted by the city.
as used in this code, is a state or political subdivision
which adopts this code for administrative regulations within its area
of authority, in this case, the City.
are terms referring to equipment and materials included in
a list published by an approved testing laboratory, inspection agency,
or other organization concerned with product evaluation that maintains
periodic inspection of current productions of listed equipment or
materials. The published list shall state that the material or equipment
complies with approved nationally recognized codes, standards or tests
and has been tested or evaluated and found suitable for use in a specified
manner.
is the California Mechanical Code, as adopted and amended
by the city in Article 4 of this chapter.
as defined in the Escondido Municipal Code for fire prevention
purposes.
is the purpose for which a building, or part thereof, is
used or intended to be used.
is any person, agent, firm or corporation having a legal
or equitable interest in the property.
is an official document or certificate issued by the building
official authorizing performance of a specified activity.
is a natural person, heirs, executors, administrators or
assigns, and also includes a firm, partnership or corporation, its
or their successors or assigns, or the agent of any of the aforesaid.
as used in this chapter or in any code adopted by this chapter,
the terms "building director," "planning director," and "community
development director" shall mean the director of community development
of the city.
is the California Plumbing Code, as adopted and amended by
the city in Article 7 of this chapter.
is the reconstruction or renewal of any part of an existing
building, structure or building service equipment for the purpose
of its maintenance.
as used in this code, is mandatory.
means the visual observation of the structural system, for
general conformance to the approved plans and specifications, at significant
construction stages and at completion of the structural system. Structural
observation does not include or waive the responsibility for the inspections
required by sections 6-17 and 6-18.
is that which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner.
refer to those codes adopted by the city in this chapter
which contains provisions for design, construction, alteration, addition,
repair, removal, demolition, use, location, occupancy and maintenance
of buildings and structures and building service equipment as herein
defined.
as applied to a building and its building service equipment,
shall be the estimated cost to replace the building and its building
service equipment in kind, based on current replacement costs.
(Ord. No. 2008-02R, § 2, 2-6-08)
Sec. 6-4.1.
When conflicting provisions or requirements
occur between this code, the technical codes and other codes or laws,
the most restrictive shall govern.
Sec. 6-4.2.
When conflicts occur between the technical
codes, those provisions providing the greater safety to life shall
govern. In other conflicts where sanitation, life safety or fire safety
are not involved, the most restrictive provisions shall govern.
Sec. 6-4.3.
Where in a specific case different
sections of the technical codes specify different materials, methods
of construction or other requirements, the most restrictive shall
govern. When there is a conflict between a general requirement and
a specific requirement, the specific requirement shall be applicable.
Sec. 6-4.4.
When conflicts occur between specific
provisions of this code and administrative provisions in a technical
code, which is then applicable within this jurisdiction, those conflicts
shall be resolved in favor of this code, which shall be prevailing.
(Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-5.1.
The provisions of the technical codes
are not intended to prevent the use of any material, method of design
or method of construction not specifically prescribed by the technical
codes, provided an alternate has been approved and its use authorized
by the building official.
Sec. 6-5.2.
The building official may approve
an alternate, provided the building official finds that the proposed
design is satisfactory and complies with the provisions of the technical
codes and that the material, method or work offered is, for the purpose
intended, at least the equivalent of that prescribed in the technical
codes in suitability, strength, effectiveness, fire resistance, durability,
safety and sanitation.
Sec. 6-5.3.
The building official may require
sufficient documentation deemed necessary to make findings for approval.
Sec. 6-5.4.
For purposes of this section the code
development and product approval and listing processes utilized by
the model code groups are deemed sufficient to make the required findings
related to case-by-case approvals of alternate materials and methods
of design and construction.
(Ord. No. 2003-03, § 1, 2-12-03)
Whenever there are practical difficulties involved in carrying
out the provisions of the technical codes, the building official may
grant modifications for individual cases. The building official shall
first find that a special individual reason makes the strict letter
of the technical code impractical and the modification is in conformity
with the intent and purpose of the technical code, and that such modification
does not lessen health, life safety and fire safety requirements or
any degree of structural integrity. The details of actions granting
modifications shall be recorded and entered in the files of the building
code enforcement agency.
(Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-7.1.
Whenever there is insufficient evidence
of compliance with the provisions of the technical codes or evidence
that materials or construction do not conform to the requirements
of the technical codes, the building official may require tests as
evidence of compliance to be made at no expense to the jurisdiction.
Sec. 6-7.2.
Test methods shall be as specified
by the technical codes or by other recognized test standards. In the
absence of recognized and accepted test methods, the building official
shall determine test procedures.
Sec. 6-7.3.
Tests shall be made by an approved
agency. Reports of such tests shall be retained by the building official
for the period required for the retention of public records.
(Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-8.1.
Creation of Enforcement Authority.
There is hereby established in this jurisdiction a building code enforcement
agency which shall be under the administrative and operational control
of the building official.
Sec. 6-8.2.
General. Whenever the term or title
"administrative authority," "responsible official," "building official,"
"chief inspector," or other similar designation is used herein or
in any of the technical codes, it shall be construed to mean the building
official designated by the appointing authority of this jurisdiction.
(Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-9.1.
The building official is hereby authorized
and directed to enforce all the provisions of this code and the referenced
technical codes. For such purposes, the building official shall have
the powers of a law enforcement officer.
Sec. 6-9.2.
The building official shall have the
power to render interpretations of this code and the referenced technical
codes, and to adopt and enforce rules and regulations supplemental
to this code as may be deemed necessary to clarify the application
of the provisions of this code. Such interpretations, rules and regulations
shall be in conformity with the intent and purpose of this code.
Sec. 6-9.3.
Deputies. In accordance with prescribed
procedures and with the approval of the appointing authority, 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 building code
enforcement agency.
Sec. 6-9.4.
Right of Entry. When necessary to
make an inspection to enforce any of the provisions of this code and
the technical codes, or when the building official has reasonable
cause to believe that there exists in any building or upon a premises
a condition which is contrary to or in violation of this code which
makes the building or premises unsafe, dangerous or hazardous, the
building official may enter the building or premises at all reasonable
times to inspect or to perform the duties imposed by this code, provided
that if such building or premises be occupied, that credentials be
presented to the occupant and entry requested. If such building or
premises be unoccupied, the building official shall first make a reasonable
effort to locate the owner or other persons having charge or control
of the building or premises and request entry. Should entry be refused,
the building official shall have recourse to the remedies provided
by law to secure entry.
Sec. 6-9.5.
Stop Orders. When work is being done
contrary to the provisions of this code, the technical codes, or other
pertinent laws or ordinances implemented through the enforcement of
this code, the building official may order the work stopped by notice
in writing served on persons engaged in the doing or causing such
work to be done, and such persons shall forthwith stop the work until
authorized by the building official to proceed with the work.
Sec. 6-9.6.
Occupancy Violations. When a building
or structure or building service equipment therein regulated by this
code and the technical codes is being used contrary to the provisions
of such codes, the building official may order such use discontinued
by written notice served on any person causing such use to be continued.
Such person shall discontinue the use within the time prescribed by
the building official after receipt of such notice to make the structure,
or portion thereof, comply with the requirements of such codes.
Sec. 6-9.7.
Authority to Disconnect Utilities.
The building official or the building official's authorized representative
shall have the authority to disconnect a utility service or energy
supplied to the building, structure or building service equipment
therein regulated by this code or the technical codes in case of emergency
where necessary to eliminate an immediate hazard to life or property.
The building official shall, whenever possible, notify the serving
utility, the owner and occupant of the building, structure or building
service equipment of the decision to disconnect prior to taking such
action, and shall notify such serving utility, owner and occupant
of the building, structure or building service equipment, in writing,
of such disconnection immediately thereafter.
Sec. 6-9.8.
Authority to condemn building service
equipment.
Sec. 6-9.8.1.
When the building official ascertains
that building service equipment regulated in the technical codes has
become hazardous to life, health or property, or has become unsanitary,
the building official shall order in writing that such equipment either
be removed or restored to a safe or sanitary condition, as appropriate.
The written notice itself shall fix a time limit for compliance with
such order. Defective building service equipment shall not be maintained
after receiving such notice.
Sec. 6-9.8.2.
When such equipment or installation
is to be disconnected, a written notice of such disconnection and
causes therefore shall be given within 24 hours to the serving utility,
the owner and occupant of such building, structure or premises.
Sec. 6-9.8.3.
When any building service equipment
is maintained in violation of the technical codes and in violation
of a notice issued pursuant to the provisions of this section, the
building official shall institute appropriate action to prevent, restrain,
correct or abate the violation.
Sec. 6-9.9.
Connection after order to disconnect.
Persons shall not make connections from an energy, fuel or power supply
nor supply energy or fuel to building service equipment which has
been disconnected or ordered to be disconnected by the building official
or the use of which has been ordered to be discontinued by the building
official until the building official authorizes the reconnection and
use of such equipment.
Sec. 6-9.10.
Liability.
Sec. 6-9.10.1.
The building official charged with
the enforcement of this code and the technical codes, acting in good
faith and without malice in the discharge of his or her duties, shall
not thereby be rendered personally liable for damage that may accrue
to persons or property as a result of an act or omission in the discharge
of the assigned duties. A suit brought against the building official
or employee because of such act or omission performed by the building
official or employee in the enforcement of the provisions of such
codes or other pertinent laws or ordinances implemented through the
enforcement of this code or enforced by the code enforcement agency
shall be defended by this jurisdiction until final termination of
such proceedings, and any judgment resulting there from, shall be
assumed by this jurisdiction.
Sec. 6-9.10.2.
This code shall not be construed
to relieve from or lessen the responsibility of any person owning,
operating or controlling a building, structure or building service
equipment therein for damages to persons or property caused by defects,
nor shall the building code enforcement agency or its parent jurisdiction
be held as assuming such liability by reason of the inspections authorized
by this code or permits or certificates issued under this code.
Sec. 6-9.11.
Cooperation of other officials and
officers. The building official may request, and shall receive, the
assistance and cooperation of other officials of this jurisdiction
so far as is required in the discharge of the duties required by this
code or other pertinent laws or ordinances.
(Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-10.1.
Buildings or structures regulated
by this code and the technical codes which are structurally inadequate
or have inadequate egress, or which constitute a fire hazard, or are
otherwise dangerous to human life are, for the purpose of this section,
unsafe buildings.
Sec. 6-10.2.
Building service equipment regulated
by such codes, which constitutes a fire, electrical or health hazard,
or an unsanitary condition, or is otherwise dangerous to human life
is, for the purpose of this section, unsafe. Use of buildings, structures
or building service equipment constituting a hazard to safety, health
or public welfare by reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster, damage or abandonment is, for
the purpose of this section, an unsafe use.
Sec. 6-10.3.
Parapet walls, cornices, spires,
towers, tanks, statuary and other appendages or structural members
which are supported by, attached to, or a part of a building and which
are in a deteriorated condition or otherwise unable to sustain the
design loads which are specified in the Building Code are hereby designated
as unsafe building appendages.
Sec. 6-10.4.
Unsafe buildings, structures or appendages
and building service equipment are hereby declared to be public nuisances
and shall be abated by repair, rehabilitation, demolition or removal
in accordance with the procedures set forth in the California Building
Code or such alternate procedure as may be adopted by this jurisdiction.
As an alternative, the building official or other employee or official
of this jurisdiction as designated by the governing body may institute
other appropriate action to prevent, restrain, correct or abate the
violation.
(Ord. No. 2003-03, § 1, 2-12-03; Ord. No. 2022-21, § 3, 12-7-22)
Sec. 6-11.1.
General. In order to hear and decide
appeals of orders, decisions or determinations made by the building
official relative to the application and interpretations of the technical
code, there shall be and is hereby created a building advisory and
appeals board consisting of seven members who are qualified by experience
and training to pass upon matters pertaining to building construction
and building service equipment and who are not employees of the jurisdiction.
The building official shall be an ex officio member and shall act
as secretary to said board and shall keep the minutes thereof but
shall have no vote upon any matter before the board. The board of
appeals shall be appointed by the mayor from among the residents of
the geographic area within the city's general plan. Members of the
building advisory and appeals board shall serve at the pleasure of
the council, and may be removed from office at any time, without cause.
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 duplicate copy to the building official.
Sec. 6-11.2.
Appointment
and terms of office. Unless otherwise provided by this code, appointments
of members of all boards and commissions created by the city council
and their terms of office shall be governed by the following provisions:
(a)
The terms of office for members of the building advisory and
appeals board shall be for a two year period commencing with the actual
date of appointment and ending on March 31st of the second year thereafter.
(b)
Any vacancy which occurs prior the expiration of the term shall
be filled by appointment for the unexpired portion of such term consistent
with the nomination procedure provided for in section 2-30.
Sec. 6-11.4.
Duty to elect chairperson, vice-chairperson.
The members of the building advisory and appeals board shall elect
one of its number to serve as chairperson, and one of its number to
serve as vice-chairperson, who shall preside in the absence of the
chairperson.
Sec. 6-11.5.
To determine time, place of meetings.
The building advisory and appeals board shall hold its meetings at
such time and place as it determines by resolution.
Sec. 6-11.6.
Special meetings. Special meetings
of the building advisory and appeals board may be called pursuant
to the provisions of Government Code, Section 54956.
Sec. 6-11.7.
Jurisdiction generally. The building
advisory and appeals board shall have the following jurisdiction:
Sec. 6-11.7.1.
Use of alternative materials, construction.
Whenever a person proposes to use materials and/or methods of construction
which are not in conformance with the laws of the city, but which,
in the opinion of such person, are as suitable as the required materials
and methods, he or she may propose the use of alternate materials
and/or methods of construction to the board for approval.
Sec. 6-11.7.2.
Refusal to issue permits. The refusal
of the building official to issue any permit required by the city
building department may be appealed by the applicant to the board.
Sec. 6-11.7.3.
Notice to abate public nuisance.
The action of the building official in issuing a correction notice
or a notice to abate a public nuisance may be appealed to the board.
Sec. 6-11.7.4.
Interpretation of city codes. The
decision of the building official in interpreting provisions of the
building code, electrical code, plumbing code, mechanical code and
the housing, dangerous building and property maintenance codes, in
full force and effect in the city, may be appealed to the board.
Sec. 6-11.7.5.
The building advisory and appeals
board shall have no authority relative to interpretation of the administrative
provisions of this code or the administrative provisions of the technical
codes, nor shall the board be empowered to waive requirements of either
this code or the technical codes.
Sec. 6-11.8.
Appeal procedures. The procedures
for making appeals to the building advisory and appeals board shall
be as follows:
Sec. 6-11.8.1.
Time for making appeal. Appeals
to the board must be initiated within 10 days from the act, decision
or interpretation which is the subject of the appeal.
Sec. 6-11.8.2.
Form of appeal; contents. An appeal to the board must be in the form of a written statement delivered to the clerk of the board within the time prescribed by subsection (1) of this section. The written appeal must contain the name, address and telephone number of the appellant and a statement of the act, decision or interpretation being appealed. The appeal must contain a brief statement of the basis for the appellant's contention that the act, decision or interpretation in dispute was erroneous. Only those grounds stated in the written appeal may be considered by the board.
Sec. 6-11.8.3.
When to consider, hear an appeal.
The board shall consider an appeal at its next regular meeting after
the filing of the appeal, unless the next regular meeting of the board
is less than 10 days from the date of filing the appeal. If an appeal
is filed less than 10 days prior to the next regular meeting of the
board, the appeal shall be heard at the next succeeding regular meeting
of the board, but, in no event, shall more than 60 days elapse from
the filing of an appeal and the hearing thereon, without consent of
the appellant to the later date.
Sec. 6-11.8.4.
Hearing, considering appeal. An
appeal to the board shall be heard and considered by the board in
a public meeting. The hearing may be continued from time to time as
the board may deem proper to reach a just decision on the appeal.
At the time of the hearing of the appeal by the board, the appellant
or his or her legal representative shall be heard by the board. The
appellant may present any oral and legal arguments and evidence he
or she wishes in prosecuting his or her appeal. The building director
shall present a written report concerning the appeal, a copy of which
shall be delivered to the appellant no later than the hearing date.
Sec. 6-11.8.5.
Expert testimony. The board may
require an appellant to present the reports of experts bearing on
the subject matter of the appeal. The responsibility for, and the
expense of obtaining and presenting expert reports is that of the
appellant. The hearing on appeal may be continued from time to time
pending the receipt of the reports of experts required to be presented
by the board.
Sec. 6-11.8.6.
Board to reach, report decision.
At the conclusion of a hearing on appeal, the board shall deliberate
in public meeting and reach a decision on the merits of the appeal.
The decision of the board, together with such reasons as the board
cares to express, shall be reported in the form of a formal resolution.
Sec. 6-11.9.
Decision of appeals board subject
to appeal to council. The decision of the building advisory and appeals
board on an appeal to it may be appealed to the council within 10
days of the disputed decision. The procedure of the appeal shall be
as expressed in section 6-11.8.
Sec. 6-11.10.
Fee for filing appeal to council.
There shall be a filing fee of $100 payable to the clerk at the time
of filing an appeal to the council.
(Ord. No. 2021-14R, § 4, 3-2-22)
It shall be a misdemeanor for a person, firm or corporation
to erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish, equip, use, occupy or maintain any building,
structure or building service equipment, or cause or permit the same
to be done in violation of this code or the incorporated technical
codes. Each responsible person shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any
violation of any of the provisions of this code is committed, continued,
or permitted.
A violation of this chapter shall be treated as a strict liability
offense regardless of intent.
Sec. 6-12.1.
Administrative penalties. Violations
of this chapter shall also be enforceable under Chapter 1A of this
code, dealing with administrative remedies.
Sec. 6-12.2.
Public nuisance. Any building or
structure erected, constructed, enlarged, altered, repaired, moved,
improved, removed, converted or demolished, equipped, used, occupied,
or maintained contrary to the provisions of this code shall be and
the same is hereby declared to be unlawful and a public nuisance.
The city attorney shall, upon order of the city council, commence
necessary proceedings for the abatement, removal and/or enjoinment
of any such public nuisance in the manner provided by law.
Any failure, refusal or neglect to obtain a permit as required
by this code shall be prima facie evidence of the fact that a public
nuisance has been committed in connection with the erection construction,
enlargement, alteration, repair, movement, improvement, removal, conversion
or demolition, equipment, use, occupation or maintenance of a building
or structure erected, constructed, enlarged altered, repaired, moved,
improved, removed, converted or demolished, used, occupied, or maintained
contrary to the provisions of this code or the technical codes.
Sec. 6-12.3.
Concurrent remedies. Remedies under
this section shall be complementary and not mutually exclusive.
(Ord. No. 2003-03, § 1, 2-12-03; Ord. No. 2011-02RR, § 2, 3-16-11)
Sec. 6-13.1.
Permits required. Except as specified
in section 6-13.2, no building, structure or building service equipment
regulated by this code and the technical codes shall be erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted or
demolished unless a separate, appropriate permit for each building,
structure or building service equipment has first been obtained from
the building official.
Sec. 6-13.2.
(Reserved)
Editor's note—Ord. No. 2022-21, § 4,
adopted December 7, 2022, repealed Section 6-13.2 pertaining to work
exempt from permit.
Sec. 6-13.3.
Building permit exemptions. In addition
to the list provided in the California Building Code section 105.2,
a permit shall not be required for the following:
Sec. 6-13.3.1.
Decks, porches, sidewalks and driveways
not more than 30 inches (762 mm) above adjacent grade, measured vertically
to the floor or grade below at any point within 36 inches (914 mm)
horizontally to the edge of the open side, and not over any basement
or story below and are not part of an accessible route.
Sec. 6-13.3.2.
Except for buildings on the historic
register or in the Old Escondido Neighborhood, the installation of
replacement windows in existing window openings associated with a
residential dwelling unit with no modifications to the existing rough
opening or to the exterior weather proofing. This does not exempt
the installation from retaining code compliance for bedroom egress.
Sec. 6-13.3.3.
Ground supported, non-internally
illuminated signs, not over six feet in height. This does not exempt
these signs from planning division permits or from compliance with
the Zoning Code.
Sec. 6-13.3.4.
Portable motors or other portable
appliances energized by means of a cord or cable having an attachment
plug end to be connected to an approved receptacle when that cord
or cable is permitted by the Electrical Code.
Sec. 6-13.3.5.
Repair or replacement of fixed
motors, transformers or fixed approved appliances of the same type
and rating in the same location.
Sec. 6-13.3.6.
Repair or replacement of current-carrying
parts of any switch, contactor or control device.
Sec. 6-13.3.7.
Reinstallation of attachment plug
receptacles, but not the outlets.
Sec. 6-13.3.8.
Repair or replacement of any overcurrent
device of the required capacity.
Sec. 6-13.3.9.
Repair or replacement of electrodes
or transformers of the same size and capacity for signs or gas tube
systems.
Sec. 6-13.3.10.
Communication circuits per Chapter
8 of the Electrical Code.
Sec. 6-13.4.
Plumbing permits. A plumbing permit
shall not be required for the following:
Sec. 6-13.4.1.
The stopping of leaks in drains,
soil, waste or vent pipe, provided, however, that should any concealed
trap, drain pipe, soil, waste or vent pipe become defective and it
becomes necessary to remove and replace the same with new material,
the same shall be considered as new work and a permit shall be procured
and inspection made as provided in this code.
Sec. 6-13.4.2.
The clearing of stoppages or the
repairing of leaks in pipes, valves or fixtures, nor for the removal
and reinstallation of water closets, provided such repairs do not
involve or require the replacement or rearrangement of valves, pipes
or fixtures.
Sec. 6-13.5.
Electrical permits. An electrical
permit shall not be required for the following:
Sec. 6-13.5.1.
Portable motors or other portable
appliances energized by means of a cord or cable having an attachment
plug end to be connected to an approved receptacle when that cord
or cable is permitted by the Electrical Code.
Sec. 6-13.5.2.
Repair or replacement of fixed
motors, transformers or fixed approved appliances of the same type
and rating in the same location.
Sec. 6-13.5.3.
Temporary decorative lighting.
Sec. 6-13.5.4.
Repair or replacement of current-carrying
parts of any switch, contactor or control device.
Sec. 6-13.5.5.
Reinstallation of attachment plug
receptacles, but not the outlets therefore.
Sec. 6-13.5.6.
Repair or replacement of any overcurrent
device of the required capacity.
Sec. 6-13.5.7.
Repair or replacement of electrodes
or transformers of the same size and capacity for signs or gas tube
systems.
Sec. 6-13.5.8.
Taping Joints.
Sec. 6-13.5.9.
Removal of electrical wiring.
Sec. 6-13.5.10.
Temporary wiring for experimental
purposes in suitable experimental laboratories.
Sec. 6-13.5.11.
The wiring for temporary theater,
motion picture or television stage sets.
Sec. 6-13.5.12.
Electrical wiring, devices, appliances,
apparatus or equipment operating at less than 25 volts and not capable
of supplying more than 50 watts of energy.
Sec. 6-13.5.13.
Low energy power, control and
signal circuits of Class II and Class III as defined in the Electrical
Code.
Sec. 6-13.5.14.
A permit shall not be required
for the installation, alteration or repair of electrical wiring, apparatus
or equipment or the generation, transmission, distribution or metering
of electrical energy or in the operation of signals or the transmission
of intelligence by a public or private utility in the exercise of
its function as a serving utility.
Sec. 6-13.5.15.
Communication circuits per Chapter
8 of the Electrical Code.
Sec. 6-13.6.
Mechanical Permits. A mechanical
permit shall not be required for the following:
Sec. 6-13.6.1.
A portable heating appliance.
Sec. 6-13.6.2.
Portable ventilating equipment.
Sec. 6-13.6.3.
A portable cooling unit.
Sec. 6-13.6.4.
A portable evaporative cooler.
Sec. 6-13.6.5.
A closed system of steam, hot or
chilled water piping within heating or cooling equipment regulated
by the Mechanical Code.
Sec. 6-13.6.6.
Replacement of any component part
of assembly of an appliance which does not alter its original approval
and complies with other applicable requirements of the technical codes.
Sec. 6-13.6.7.
Refrigerating equipment which is
part of the equipment for which a permit has been issued pursuant
to the requirements of the technical codes.
Sec. 6-13.6.8.
A unit refrigerating system as
defined in the Mechanical Code.
(Ord. No. 2003-03, § 1, 2-12-03; Ord. No. 2008-02R, § 4, 2-6-08; Ord. No. 2011-02RR, § 3, 3-16-11; Ord. No. 2013-11, § 3, 12-11-13; Ord. No. 2019-18, § 2, 11-20-19)
Sec. 6-14.1.
Application. To obtain a permit,
the applicant shall first file an application therefore in writing
on a form furnished by the code enforcement agency for that purpose.
Every such application shall:
Sec. 6-14.1.1.
Identify and describe the work
to be covered by the permit for which application is made.
Sec. 6-14.1.2.
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.
Sec. 6-14.1.3.
Indicate the use or occupancy for
which the proposed work is intended.
Sec. 6-14.1.4.
Be accompanied by plans, diagrams,
computations and specifications, and other data as required in Section
6-14.2.
Sec. 6-14.1.5.
State the valuation of any new
building or structure or any addition, remodeling or alteration to
an existing building.
Sec. 6-14.1.6.
Be signed by the applicant, or
the applicant's authorized agent.
Sec. 6-14.1.7.
Give such other data and information
as may be required by the building official.
Sec. 6-14.2.
Submittal Documents. Plans, specifications,
engineering calculations, diagrams, soil investigation reports, special
inspection and structural observation programs and other data shall
constitute the submittal documents and shall be submitted in one or
more sets with each application for a permit. When such plans are
not prepared by an architect or engineer, the building official may
require the applicant submitting such plans or other data to demonstrate
that state law does not require that the plans be prepared by a licensed
architect or engineer. The building official may require plans, computations
and specifications to be prepared and designed by an engineer or architect
licensed by the state to practice as such even if not required by
state law.
EXCEPTION:
Sec. 6-14.2.1.
The building official may waive
the submission of plans, calculations, construction inspection requirements
and other data if it is found that the nature of the work applied
for is such that reviewing of plans is not necessary to obtain compliance
with this code.
Sec. 6-14.3.
Information on Plans and Specifications.
Plans and specifications shall be drawn to scale on substantial paper
or cloth and 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 all relevant laws,
ordinances, rules and regulations.
Plans for buildings of other than Group R, Division 3 and Group
U Occupancies shall indicate how required structural and fire-resistive
integrity will be maintained where penetrations will be made for electrical,
mechanical, plumbing and communication conduits, pipes and similar
systems.
Sec. 6-14.4.
Architect or Engineer of Record.
When it is required that documents be prepared by an architect or
engineer, the building official may require the owner to engage and
designate on the building permit application an architect or engineer
who shall act as the architect or engineer of record. If the circumstances
require, the owner may designate a substitute architect or engineer
of record who shall perform all the duties required of the original
architect or engineer of record. The owner shall notify the building
official in writing if the architect or engineer of record is changed
or is unable to continue to perform the duties.
The architect or engineer of record shall be responsible for
reviewing and coordinating all submittal documents prepared by others,
including deferred submittal items, for compatibility with the design
of the building.
Sec. 6-14.5.
Deferred Submittals. For the purposes
of this section, deferred submittals are defined as those portions
of the design which are not submitted at the time of the application
and which are to be submitted to the building official within a specified
period.
Deferral of any submittal items shall have prior approval of
the building official. The architect or engineer of record shall list
the deferred submittals on the plans and shall submit the deferred
submittal documents for review by the building official.
Submittal documents for deferred submittal items shall be submitted
to the architect or engineer of record who shall review them and forward
them to the building official with a notation indicating that the
deferred submittal documents have been reviewed and that they have
been found to be in general conformance with the design of the building.
The deferred submittal items shall not be installed until their design
and submittal documents have been approved by the building official.
Sec. 6-14.6.
Inspection and Observation Program.
When special inspection is required by Section 6-18, the architect
or engineer of record shall prepare an inspection program, which shall
be submitted to the building official for approval prior to issuance
of the building permit. The inspection program shall designate the
portions of the work to have special inspection, the name or names
of the individuals or firms who are to perform the special inspections
and indicate the duties of the special inspectors.
The special inspector shall be employed by the owner, the engineer
or architect of record, or an agent of the owner, but not the contractor
or any other person responsible for the work.
When structural observation is required by Section 6-19, the
inspection program shall name the individuals or firms who are to
perform structural observation and describe the stages of construction
at which structural observation is to occur.
The inspection program shall include samples of inspection reports
and provide time limits for submission of reports.
(Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-15.1.
Issuance. The application, plans,
specifications, computations and other data filed by an applicant
for permit shall be reviewed by the building official. Such plans
may be reviewed by other departments of this jurisdiction to verify
compliance with any applicable laws under their jurisdiction. If the
building official finds that the work described in an application
for a permit and the plans, specifications and other data filed therewith
conform to the requirements of this code and the technical codes and
other pertinent laws and ordinances, and that the fees specified in
Section 6-16 have been paid, the building official shall issue a permit
therefore to the applicant.
Sec. 6-15.1.1.
When a permit is issued when plans
are required, the building official shall endorse in writing or stamp
the plans and specifications APPROVED. Such approved plans and specifications
shall not be changed, modified or altered without authorizations from
the building official, and all work regulated by this code shall be
done in accordance with the approved plans.
Sec. 6-15.1.2.
The building official may issue
a permit for the construction of part of a building, structure or
building service equipment before the entire plans and specifications
for the whole building, structure or building service equipment have
been submitted or approved, provided adequate information and detailed
statements have been filed complying with all pertinent requirements
of the technical codes. The holder of a partial permit shall proceed
without assurance that the permit for the entire building, structure
or building service will be granted.
Sec. 6-15.2.
Retention of Plans. One set of approved
plans, specifications and computations shall be retained by the building
official for a period of not less than 90 days from the date of completion
of the work covered therein; and one set of approved plans and specifications
shall be returned to the applicant and shall be kept on the site of
the building or work at all times during which the work authorized
thereby is in progress.
Sec. 6-15.3.
Validity of Permit.
Sec. 6-15.3.1.
The issuance of a permit or approval
of plans, specifications and computations shall not be construed to
be a permit for, or an approval of, any violation of any of the provisions
of this code or the technical codes, or of any other ordinance of
the jurisdiction. Permits presuming to give authority to violate or
cancel the provisions of this code or of other ordinances of the jurisdiction
shall not be valid.
Sec. 6-15.3.2.
The issuance of a permit based
on plans, specifications and other data shall not prevent the building
official from thereafter requiring the correction of errors in said
plans, specifications and other data, or from preventing building
operations being carried on there under when in violation of these
codes or of any other ordinances of this jurisdiction.
Sec. 6-15.4.
Expiration.
Sec. 6-15.4.1.
Every permit issued by the building
official under the provisions of the technical codes shall expire
by limitation and become null and void, if the building or work authorized
by such permit is not commenced within 12 months 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 has commenced
for a period of 12 months. Before such work can be recommenced, a
new permit shall be first obtained to do so, and the fee therefore
shall be one half the amount required for a new permit for such work,
provided no changes have been made or will be made in the original
plans and specifications for such work; and provided further that
such suspension or abandonment has not exceeded one year. In order
to renew action on a permit after expiration, the permittee shall
pay a new full permit fee.
Sec. 6-15.4.2.
A permittee holding an unexpired
permit may apply for an extension of the time within which work may
commence under that permit when the permittee is unable to commence
work within the time required by this section for good and satisfactory
reasons.
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. Permits may
be extended more than once.
Sec. 6-15.5.
Suspension or Revocation. The building
official may, in writing, suspend or revoke a permit issued under
the provisions of this code and the technical codes when the permit
is issued in error or on the basis of incorrect information supplied,
or in violation of an ordinance or regulation or the provisions of
these codes.
(Ord. No. 2022-21, § 5, 12-7-22; Ord. No. 2022-21, § 6, 12-7-22; Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-16.1.
General. Fees shall be assessed in
accordance with the provisions of this section or shall be as set
forth in the fee schedule adopted by this jurisdiction.
Sec. 6-16.2.
Permit Fees.
Sec. 6-16.2.1.
The fee for each permit shall be
in accordance with the schedule established by this jurisdiction.
Sec. 6-16.2.2.
The determination of value or valuation
under any of the provisions of these codes shall be made by the building
official. The value to be used in computing the building permit and
building plan review fees shall be the total value of all construction
work for which the permit is issued as well as all finish work, painting,
roofing, electrical, plumbing, heating, air-conditioning, elevators,
fire-extinguishing systems and other permanent equipment.
Sec. 6-16.3.
Plan Review Fees.
Sec. 6-16.3.1.
When submittal documents are required
by Section 6-14.2, a plan review fee shall be paid at the time of
submitting the submittal documents for plan review. Said plan review
fee shall be 65% of the building permit fee or as set forth in the
fee schedule adopted by this jurisdiction.
Sec. 6-16.3.2.
The plan review fees for electrical,
mechanical and plumbing work shall be as set forth in the fee schedule
adopted by this jurisdiction.
Sec. 6-16.3.3.
The plan review fees specified
in this section are separate fees from the permit fees specified in
Section 6-16.2 and are in addition to the permit fees.
Sec. 6-16.3.4.
When submittal documents are incomplete
or changed so as to require additional plan review or when the project
involves deferred submittal items as defined in Section 6-14.5, an
additional plan review fee shall be charged.
Sec. 6-16.4.
Expiration of Plan Review.
Applications for which no permit is issued within 360 days following
the date of application shall expire by limitation, and plans and
other data submitted for review may thereafter be returned to the
applicant or destroyed by the building official. The building official
may extend the time for action by the applicant for a period not exceeding
180 days on written request by the applicant showing that circumstances
beyond the control of the applicant have prevented action from being
taken. An application may be extended more than once. An application
shall not be extended if this code 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.
Sec. 6-16.5.
Investigation Fees: Work Without
a Permit.
Sec. 6-16.5.1.
Investigation.
Whenever work for which a permit is required by this code has
been commenced without first obtaining a permit, a special investigation
may be made before a permit may be issued for such work.
Sec. 6-16.5.2.
Fee.
An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued.
The investigation fee shall be equal to the amount of the permit fee
required by this code. The payment of such investigation fee shall
not exempt an applicant from compliance with all other provisions
of either this code or the technical codes nor from the penalty prescribed
by law.
Sec. 6-16.6.
Fee Refunds.
Sec. 6-16.6.1.
The building official may authorize
refunding of a fee paid hereunder which was erroneously paid or collected.
Sec. 6-16.6.2.
The building official may authorize
refunding of not more than 80% of the permit fee paid when no work
has been done under a permit issued in accordance with this code.
Sec. 6-16.6.3.
The building official may authorize
refunding of not more than 80% of the plan review fee paid when an
application for a permit for which a plan review fee has been paid
is withdrawn or canceled before any examination time has been expended.
Sec. 6-16.6.4.
The building official shall not
authorize the refunding of any fee paid except upon written application
filed by the original permittee not later than 180 days after the
date of fee payment.
(Ord. No. 2022-21, § 7, 12-7-22; Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-17.1.
General.
Sec. 6-17.1.1.
Construction or work for which
a permit is required shall be subject to inspection by the building
official and the construction or work shall remain accessible and
exposed for inspection purposes until approved by the building official.
In addition, certain types of construction shall have continuous inspection
as specified in Section 6-18.
Sec. 6-17.1.2.
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.
Sec. 6-17.1.3.
It shall be the duty of the permit
applicant to cause the work to remain accessible and exposed for inspection
purposes. Neither the building official nor this jurisdiction shall
be liable for expense entailed in the removal or replacement of any
material required to allow inspection.
Sec. 6-17.1.4.
A survey of the lot may be required
by the building official to verify that the structure is located in
accordance with the approved plans.
Sec. 6-17.2.
Inspection Record Card.
Work requiring a permit shall not be commenced until the permit
holder or the agent of the permit holder shall have posted or otherwise
made available an inspection record card such as to allow the building
official conveniently to make the required entries thereon regarding
inspection of the work. The permit holder shall maintain this card
available until final approval has been granted by the building official.
Sec. 6-17.3.
Inspection Requests.
Sec. 6-17.3.1.
It shall be the duty of the person
doing the work authorized by a permit to notify the building official
that such work is ready for inspection. The building official may
require that every request for inspection be filed at least one working
day before such inspection is desired. Such request may be in writing,
by telephone or other means at the option of the building official.
Sec. 6-17.3.2.
It shall be the duty of the person
requesting any inspections required either by this code or the technical
codes to provide access to and means for inspection of the work.
Sec. 6-17.4.
Approval Required.
Sec. 6-17.4.1.
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 that that portion of the construction is satisfactory as
completed or shall notify the permit holder or an agent of the permit
holder wherein the same fails to comply with this code.
Sec. 6-17.4.2.
Any portions which do not comply
shall be corrected and such portion shall not be covered or concealed
until authorized by the building official.
Sec. 6-17.4.3.
There shall be a final inspection
and approval of all buildings and structures when completed and ready
for occupancy and use.
Sec. 6-17.5.
Required Inspections.
Sec. 6-17.5.1.
All plumbing, electrical and mechanical
systems for which a permit is required by this code shall be inspected.
No portion of these systems shall be concealed until inspected and
approved. All code required testing of these systems is to be inspected
and approved.
Sec. 6-17.5.2.
All reinforcing steel and the structural
framework of a building or structure shall not be covered or concealed
without first obtaining the inspection and approval of the building
official.
Sec. 6-17.5.3.
Protection of joints and penetrations
in fire-resistive assemblies shall not be concealed from view until
inspected and approved.
Sec. 6-17.5.4.
The building official, upon notification,
shall make the following inspections:
Sec. 6-17.5.4.1.
Underground inspection. To be
made after all underground plumbing systems, electrical conduits and
mechanical systems are in place and prior to backfill and concrete.
All systems are to be under the applicable test as required by code.
Sec. 6-17.5.4.2.
Foundation inspection. To be
made after excavations for footings are complete and required reinforcing
steel and other required structural hardware is in place.
For concrete foundations, required forms shall be in place prior
to inspection. All materials for the foundation shall be on the job,
except when concrete is ready-mixed in accordance with approved nationally
recognized standards, the concrete need not be on the job site. When
the foundation is to be constructed of approved treated wood, additional
inspections may be required by the building official.
Sec. 6-17.5.4.3.
Concrete Slab or Under-floor
Inspection. To be made after in-slab or under-floor 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.
Sec. 6-17.5.4.4.
Roof and/or Floor. To be made
after all framing and structural systems are complete for the floor
and roof systems. No floor or roof covering is to be installed prior
to this inspection and approval.
Sec. 6-17.5.4.5.
Frame Inspection. To be made
after the roof covering, framing, all structural systems, fire blocking
and bracing are in place and all pipes, chimneys and vents are complete
and the rough electrical, plumbing, and mechanical cables, pipes,
and ducts are installed and are under the code required tests, as
applicable.
Sec. 6-17.5.4.6.
Lath and/or Wallboard Inspection.
To be made after lathing and wallboard, interior and exterior, is
in place but before plaster is applied or before wallboard joints
and fasteners are taped and finished. The testing of gas piping systems
is to inspected at this time.
Sec. 6-17.5.4.7.
Final Inspection. To be made
after finish grading and the building is completed and ready for occupancy.
Sec. 6-17.6.
Required Building Service Equipment
Inspections.
Sec. 6-17.6.1.
General. Building service equipment
for which a permit is required by this code shall be inspected by
the building official. Building service equipment intended to be concealed
by a permanent portion of the building shall not be concealed until
inspected and approved. When the installation of building service
equipment is complete, an additional and final inspection shall be
made. Building service equipment regulated by the technical codes
shall not be connected to the water, fuel or power supply, or sewer
system until authorized by the building official.
Prior to authorizing final utility connections the building
official shall receive approvals from the public works and planning
departments for completion of all required improvements, zoning code
compliance and all other project conditions of approval.
Sec. 6-17.6.2.
Operation of Building Service Equipment.
The requirements of this section shall not be considered to prohibit
the operation of building service equipment installed to replace existing
building service equipment serving an occupied portion of the building
in the event a request for inspection of such building service equipment
has been filed with the building official not more than 48 hours after
the replacement work is completed, and before any portion of such
building service equipment is concealed by permanent portions of the
building.
Sec. 6-17.7.
Other Inspections. In addition to
the called inspections specified above, the building official may
make or require other inspections of construction work to ascertain
compliance with the provisions of this code or technical codes and
other laws which are enforced by the building code enforcement agency.
Sec. 6-17.8.
Reinspections.
Sec. 6-17.8.1.
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.
Sec. 6-17.8.2.
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 the technical codes, but
as controlling the practice of calling for inspections before the
job is ready for such inspection or reinspection.
Sec. 6-17.8.3.
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.
Sec. 6-17.8.4.
To obtain a reinspection, the applicant
shall pay the reinspection fee as set forth in the fee schedule adopted
by this jurisdiction and then request a reinspection.
Sec. 6-17.8.5.
In instances where reinspection
fees have been assessed, additional inspection of the work will not
be performed until the required fees have been paid.
(Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-18.1.
General. In addition to e inspections
required by section 6-17, the owner or the registered design professional
in responsible charge acting as the owner's agent shall employ one
or more special inspectors who shall provide inspections during construction
of the types of work listed in the Building Code for Special Inspections.
Sec. 6-18.2.
Waiver of Special Inspection. The
building official may waive the requirement for the employment of
a special inspector if the construction is of a minor nature.
Sec. 6-18.3.
Approved Fabricators. Special inspections
required by this section and elsewhere in this code or the technical
codes shall not be required where the work is done on the premises
of a fabricator registered and approved by the building official to
perform such work without special inspection. The certificate of registration
shall be subject to revocation by the building official if it is found
that work done pursuant to the approval is in violation of the technical
codes. The approved fabricator shall submit a certificate of compliance
to the building official and to the engineer or architect of record
stating that the work was performed in accordance with the approved
plans and specifications. The approved fabricator's qualifications
shall be contingent on compliance with the following:
Sec. 6-18.3.1.
The fabricator has developed and
submitted a detailed fabrication procedural manual reflecting key
quality control procedures which will provide a basis for inspection
control of workmanship and the fabricator plant.
Sec. 6-18.3.2.
Verification of the fabricator's
quality control capabilities, plant and personnel as outlined in the
fabrication procedural manual shall be by an approved inspection or
quality control agency.
Sec. 6-18.3.3.
Periodic plant inspections shall
be conducted by an approved inspection or quality control agency to
monitor the effectiveness of the quality control program.
Sec. 6-18.3.4.
It shall be the responsibility
of the inspection or quality control agency to notify the approving
authority in writing of any change to the procedural manual. Fabricator
approval may be revoked for just cause. Reapproval of the fabricator
shall be contingent on compliance with quality control procedures
during the past year.
(Ord. 2008-02R, § 5, 2-6-08)
Sec. 6-19.1.
Purpose and Intent. The purpose of
the section is to provide an expedited, streamlined solar permitting
process in order to achieve timely and cost-effective installations
of small residential rooftop solar energy systems and satisfy the
requirements of the Solar Rights Act and Assembly Bill 2188. This
section encourages the use of solar systems by limiting obstacles
to their use, minimizing costs to property owners and the city and
expanding the ability of property owners to install solar energy systems.
This section allows the city to achieve these goals while protecting
the public health and safety.
Sec. 6-19.2.
"Electronic submittal"
"Reasonable restrictions"
"Restrictions that do not significantly increase the cost of
the system or decrease its efficiency or specified performance"
(a)
(b)
"Small residential rooftop solar energy system"
(a)
(b)
(c)
(d)
"Solar energy system"
(a)
(b)
"Specific, adverse impact"
Definitions. As used in this section:
means the utilization of electronic mail, facsimile or submittal
via the Internet.
on a solar energy system are those restrictions that do not
significantly increase the cost of the system or significantly decrease
its efficiency or specified performance, or that allow for an alternative
system of comparable cost, efficiency, and energy conservation benefits.
means:
For water heater systems or solar swimming pool heating systems:
an amount exceeding 10% of the cost of the system, but in no case
more than $1,000, or decreasing the efficiency of the solar energy
system by an amount exceeding 10%, as originally specified and proposed.
For photovoltaic systems: an amount not to exceed $1,000 over
the system cost as originally specified and proposed, or a decrease
in system efficiency of an amount exceeding 10% as originally specified
and proposed.
means all of the following:
A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal.
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 all state and city health and safety standards.
A solar energy system that is installed on a single- or two-family
dwelling.
A solar panel or module array that does not exceed the maximum
legal building height as defined by the city.
means either of the following:
Any solar collector or other solar energy device whose primary
purpose is to provide for the collection, storage, and distribution
of solar energy for space heating, space cooling, electric generation,
or water heating.
Any structural design feature of a building, whose primary purpose
is to provide for the collection, storage, and distribution of solar
energy for electricity generation, space heating or cooling, or for
water heating.
means a significant, quantifiable, direct, 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.
Sec. 6-19.3.
Applicability.
(a)
This chapter applies to the permitting of all small residential
rooftop solar energy systems in the city.
(b)
Small residential rooftop solar energy systems legally established
or permitted prior to the effective date of the ordinance codified
in this section are not subject to the requirements of this chapter
unless physical modifications or alterations are undertaken that materially
change the size, type, or components of a small rooftop energy system
in such a way as to require new permitting. Routine operation and
maintenance or like-kind replacements shall not require a permit.
Sec. 6-19.4.
Solar Energy System Requirements.
(a)
All solar energy systems shall meet applicable health and safety
standards and requirements imposed by the city and the state.
(b)
Solar energy systems for heating water in single-family residences
and for heating water in commercial or swimming pool applications
shall be certified by an accredited listing agency as defined by the
California Plumbing and Mechanical Code.
(c)
Solar energy systems for producing electricity shall meet all
applicable safety and performance standards established by the California
Electrical Code, the Institute of Electrical and Electronics Engineers,
and accredited testing laboratories such as Underwriters Laboratories
and, where applicable, rules of the Public Utilities Commission regarding
safety and reliability.
Sec. 6-19.5.
Applications.
(a)
All documents required for the submission of an expedited solar
energy system application shall be made available on the city website.
(b)
Electronic submittal of the required permit application and
documents shall be made available to all small residential rooftop
solar energy system permit applicants.
(c)
The city's building official shall adopt a standard plan and
checklist of all requirements with which small residential rooftop
solar energy systems shall comply to be eligible for expedited review.
(d)
The small residential rooftop solar 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 Solar
Permitting Guidebook adopted by the Governor's Office of
Planning and Research.
Sec. 6-19.6.
Permit Review and Inspection Requirements.
(a)
The city's building official shall implement an administrative,
nondiscretionary review process to expedite approval of small residential
rooftop solar energy systems. The building division shall issue a
building permit, the issuance of which is nondiscretionary, in an
expedited time frame upon receipt of any required fees and a complete
application that meets the requirements of the approved checklist
and standard plan. The building official may require an applicant
to apply for a conditional use permit if the official finds, based
on substantial evidence, that the solar energy system could have a
specific, adverse impact upon the public health and safety. Such decisions
may be appealed to the planning commission.
(b)
Review of the application shall be limited to the building official's
review of whether the application meets local, state, and federal
health and safety requirements.
(c)
If a conditional use permit is required, the city may deny such
application if it makes written findings based upon substantial evidence
in the record that the proposed installation would have a specific,
adverse impact upon public health or safety and there is no feasible
method to satisfactorily mitigate or avoid, as defined, the adverse
impact. Such findings shall include the basis for the rejection of
the potential feasible alternative for preventing the adverse impact.
Such decisions may be appealed to the planning commission.
(1)
Any condition imposed on an application shall be designed to
mitigate the specific, adverse impact upon health and safety at the
lowest possible cost.
(2)
"A feasible method to satisfactorily mitigate or avoid the specific,
adverse impact" includes, but is not limited to, any cost-effective
method, condition, or mitigation imposed by the city on another similarly
situated application in a prior successful application for a permit.
The city shall use its best efforts to ensure that the selected method,
condition, or mitigation meets the conditions of subsections (A) and
(B) of paragraph (1) of subdivision (d) of Section 714 of the Civil
Code defining restrictions that do not significantly increase the
cost of the system or decrease its efficiency or specified performance.
(d)
If an application is deemed incomplete, a written correction
notice detailing all deficiencies in the application and any additional
information or documentation required to be eligible for expedited
permit issuance shall be sent to the applicant for resubmission.
(e)
Only one inspection shall be required and performed by the Building
Division for small residential rooftop solar energy systems eligible
for expedited review.
(Ord. No. 2008-02R, § 6, 2-6-08; Ord. No. 2015-16, § 1, 8-12-15)
Sec. 6-20.1.
Energy Connections. Persons shall
not make connections from a source of energy, fuel or power to building
service equipment which is regulated by the technical codes and for
which a permit is required by this code, until approved by the building
official.
Sec. 6-20.2.
Temporary Connections. The building
official may authorize the temporary connection of the building service
equipment to the source of energy, fuel or power for the purpose of
testing building service equipment, or for use under a temporary certificate
of occupancy. The building official shall coordinate the approval
of a temporary connection with all other applicable city departments.
(Ord. No. 2003-03, § 1, 2-12-03)
Sec. 6-21.1.
Use or Occupancy. Buildings or structures
shall not be used or occupied nor shall a change in the existing occupancy
classification of a building or structure or portion thereof be made
until the building official has issued a certificate of occupancy
therefore as provided herein.
EXCEPTION:
Sec. 6-21.1.1.
For Group R, Division 3, and Group
U Occupancies, the completed Inspection Record Card becomes the Certificate
of Occupancy.
Sec. 6-21.2.
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. Certificates
presuming to give authority to violate or cancel the provisions of
this code or of other ordinances of the jurisdiction shall not be
valid.
Sec. 6-21.3.
Change in Use. Changes in the character
or use of a building shall not be made except as specified in the
Building Code.
Sec. 6-21.4.
Certificate Issued. After the building
official inspects the building or structure and finds no violations
of the provisions of this code or other laws which are enforced by
the building code enforcement agency and after the building official
receives approvals from the public works and planning departments
for completion of all required improvements, zoning code compliance
and all other project conditions of approval, the building official
shall issue a certificate of occupancy which shall contain the following:
Sec. 6-21.4.1.
The building permit number.
Sec. 6-21.4.2.
The address of the building.
Sec. 6-21.4.3.
The name and address of the owner.
Sec. 6-21.4.4.
A description of that portion of
the building for which the certificate is issued.
Sec. 6-21.4.5.
A statement that the described
portion of the building has been inspected for compliance with the
requirements of this code for the group and division of occupancy
and the use for which the proposed occupancy is classified.
Sec. 6-21.4.6.
The name of the building official.
Sec. 6-21.5.
Temporary Certificate. If the building
official finds that substantial hazard will not result from occupancy
of a building or portion thereof before the same is completed, a temporary
certificate of occupancy for the use of a portion or portions of a
building or structure may be issued prior to the completion of the
entire building or structure. The building official shall coordinate
the issuance of a temporary certificate with all applicable city departments.
Sec. 6-21.6.
Posting. The certificate of occupancy
shall be posted in a conspicuous place on the premises and shall not
be removed except by the building official.
Sec. 6-21.7.
Revocation. The building official
may, in writing, suspend or revoke a certificate of occupancy issued
under the provisions of this code when the certificate is issued in
error, or on the basis of incorrect information, or when it is determined
that the building or structure or portion thereof is in violation
of an ordinance, regulation or the provisions of this code.
(Ord. No. 2003-03, § 1, 2-12-03; Ord. No. 2011-02RR, § 4, 3-16-11)
