Note: Prior ordinance history: Ords. 423, 436, 299 and 275.
Except as provided in this chapter, those certain building codes known and designated as the California Building Code, 2022 Edition, Volumes 1 and 2, including Appendix Chapters "C," Agricultural Buildings "F," Rodent proofing "I," Patio Covers and "J," Grading based on the 2021 International Building Code as published by the International Code Council, shall be and become the building codes of the City of San Dimas for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every buildings and/or structures or any appurtenances connected or attached to such buildings or structures throughout the City. The California Building Code and its appendix chapters will be on file for public examination in the office of the building official.
The amendments in this chapter and referenced appendices are necessary due to the unique geology and topography and climate of San Dimas that can produce, significant lateral movement due to earthquakes as well as the climate that can produce high wind loads.
(Ord. 1295 § 1, 2022)
A. 
The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures.
B. 
Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
C. 
Wherever in this code reference is made to an appendix, the provisions in the appendix shall not apply unless specifically adopted.
D. 
Vesting Authority. When adopted by a state agency, the provisions of these regulations shall be enforced by the appropriate enforcing agency, but only to the extent of authority granted to such agency by the state legislature.
E. 
The metric conversions are provided in parenthesis following the English units. Where industry has made metric conversions available, the conversions conform to current industry standards. Formulas are also provided with metric equivalents. Metric equivalent formulas immediately follow the English formula and are denoted by "For SI": preceding the metric equivalent. Some formulas do not use dimensions and, thus, are not provided with a metric equivalent. Multiplying conversion factors have been provided for formulas where metric forms were unavailable. Tables are provided with multiplying conversion factors in subheadings for each tabulated units measurement.
(Ord. 1102 § 3, 1999)
A. 
General.
1. 
No person shall construct, alter, repair, demolish, remove, move, use, occupy or maintain, within the city, any building or structure or any portion thereof, except as provided by this code.
2. 
No person shall grade, excavate or fill any land except as provided by this code.
3. 
The permissive provisions of this code shall not be presumed to waive any limitations imposed by other statutes or ordinances of the state or city.
4. 
All of the provisions of this code shall be limitations for safeguarding life, limb, health, property and public welfare.
5. 
If two or more pertinent limitations are not identical, those limitations shall prevail which provide the greater safety to life or limb, health, property or public welfare.
B. 
Violation of a Building or Grading Permit. Every person who knowingly and wilfully procures a building and/or grading permit without the consent of the owner of record of the property for which the permit is issued, or such person's agent, is guilty of a misdemeanor or infraction.
EXCEPTION: This subsection shall not apply to building and/or grading permits obtained pursuant to and in compliance with an order of a court of law or a governmental agency.
C. 
Violation of an Order. No person shall fail to comply with any valid order issued pursuant to any provision or requirement of this code.
D. 
Making False Statements to the Department.
1. 
It is unlawful for any person, authorized by the department to perform inspections, to make a false or misleading statement, or misrepresentation in any writing submitted to the department.
2. 
For purposes of this section a "person authorized by the department to perform inspections" is any person who is a registered deputy inspector, a structural inspector, a certified welder or a certified licensed contractor. The term "writing" shall include, but is not limited to, forms, applications, approvals, reports or certifications required by the department.
E. 
Every violation of this section is punishable as a misdemeanor or infraction.
(Ord. 1102 § 4, 1999)
The following sections of the California Building Code (CBC) Chapter 1, "Scope and Administration, Division I, California Administration," is amended as follows:
1.8.8 Appeals Board. Subsection 1.8.8 is hereby deleted in its entirety.
The following portions and sections of "Chapter 1, Scope and Administration, Division II, Scope and Administration" are hereby amended as follows:
The following language shall be added to Subsection 101.2 "Scope":
In order to properly maintain and safeguard healthful living conditions and comply with all provisions of the Building Codes, it is hereby declared unlawful to use any streetcars, boxcars, house cars, motor bus bodies, or similar means of conveyance or structures of similar nature of construction, for places of habitation, residence, or place of business in this City. However, nothing contained herein shall prohibit the use of any house trailer or mobile home for places of abode or habitation in an approved mobile home park, providing such structures comply with all other conditions and requirements of this Code.
The following language shall be added to Subsection 102.1 "General":
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Code or any part thereof is in conflict with the Fire Code, the most restrictive shall be applicable.
Subsection 105.2 "Work exempt from permit" is hereby amended as follows:
Item 02 (Fences) under "Building" is hereby amended to read "Fences not over 6 feet high."
Item 04 (Retaining walls) under "Building" is hereby amended to read "Retaining walls."
Item 10 (Shade cloth structures) under "Building" is hereby deleted in its entirety.
Item 12 (Window awnings) under "Building" is hereby deleted in its entirety.
Subsection 105.5.1 "Expiration of demolition permit" is hereby adopted and amended to read as follows:
"A demolition permit shall expire by limitation and become null-and-void 90 days after the date on which the permit was issued. The Building Official may extend the validity of the permit for a period not exceeding 180 days beyond the initial 90-day limit upon written request by the applicant filed with the Building Official prior to the expiration date of the original permit."
Subsection 105.5.2 "Expiration of permit for legalizing unpermitted structures" is hereby adopted and amended to read as follows:
"Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an unpermitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null-and-void 180 days after the date on which the permit was issued. The Building Official may extend the validity of the permit for a period not exceeding 180 days beyond the initial 180-day limit upon written request filed with the Building Official prior to the expiration date of the original permit."
Subsection 107.5 "Retention of construction documents" is hereby amended by adding the following language:
Before final inspection, electronic images of all plans, engineering calculations, and records that are submitted for the purpose of obtaining a building permit shall be submitted at the request of the Building Official. Electronic images shall be based on the Building Division's Electronic Archiving Policy.
Section 109 "Fees" is hereby adopted and amended as follows:
Subsection 109.2 "Schedule of permit fees" is hereby amended by adding the following language:
When submittal documents are required by Section 302.2 of the Uniform Administrative Code, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fee shall be 100 percent of the building, electrical, mechanical and plumbing work permit fee as required in accordance with the fee schedule established by resolution of the City Council. When the City retains a private entity or person to perform plan review, the plan review fee shall be in an amount sufficient to defray the cost of such services, but in no case shall the plan review fee be less than the amount specified in this Section.
Subsection 109.4 "Work commencing before permit issuance" is hereby deleted and replaced in its entirety as follows:
109.4 Work commencing before permit issuance. Whenever work for which a permit is required by this Code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be as required, as in accordance with the schedule as established by the applicable governing authority. The minimum investigation fee shall be the same as the minimum fee set forth in accordance with the schedule as established by the applicable governing authority (double fee). 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.
Subsection 109.6 "Refunds" is hereby deleted and replaced in its entirety as follows:
109.6 Refunds. The Building Official may authorize up to 100 % refunding of a fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. The Building Official may authorize refunding of not more than 80 percent of plan review fee has been paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any examination time has been expanded. The Building Official shall not authorize the refunding of any fee paid except upon written request filed by the original permittee not later than 180 days after the date of payment.
Section 110 "Inspections" is adopted and amended by adding the following subsection:
110.1.1 Workmanship. It is the intention of the City that all construction carried on under the review of the Building Division is of good quality. The Building Official shall be empowered to enforce the installation of work that is straight, level, plumb, square, etc., as the situation requires. All work shall be well fit and of a durable nature. Paint in all cases shall not be below normal standard for the use applied. The proper grading of walks, drives, and yards shall be required when being installed with the work requiring a building permit. A minimum thickness of 3½ inches for flat concrete work and 2 inches for asphalt paving shall be required. All exterior flat concrete work shall include such breaks for expansion as deemed necessary by the Building Official.
Subsection 110.3.5 "Lath and gypsum board inspection" is hereby amended by deleting the "exception" in its entirety.
Subsection 110.3.8 "Other inspections" is hereby amended by adding the following language:
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. 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. To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with a fee schedule adopted by this jurisdiction. In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
Subsection 110.5 "Inspection requests" is hereby deleted and replaced in its entirety as follows:
110.5 Inspection requests. It shall be the duty of the person doing the work authorized by the 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 requested in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting any inspections required by either this Code or the technical codes to provide access to and means for inspection of the work.
Section 111 "Certificate of Occupancy" is hereby adopted and amended by adding the following subsection:
111.5 Utility release. The following minimum requirements shall be completed prior to any occupancy or utilities connected:
(1)
Written clearance from the Fire and Public Works Departments and Planning and Business License Divisions.
 
(2)
The following when applicable:
 
(a)
Electronic imaging of plans received (if required).
 
(b)
Verification of school fees paid.
 
(c)
Grading certificate received.
 
(d)
All plan review fees paid.
 
(e)
Sewer assessment fees paid.
 
(f)
Hazard materials statements received.
 
(g)
Subcontractor's list received.
The following sections of the California Building Code (CBC), are amended as follows:
Chapter 2-Definitions is hereby amended to include the following definition:
New Construction: For the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Code, any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) may be defined as "New Construction" when at least one of the following is proposed:
•
More than 60 percent of the exterior weight bearing walls are removed or demolished
•
More than 60 percent of the wall plate height is raised
•
When a story is added that increases the existing floor area by more than 75 percent
•
Additions within 3 years that exceed 85% of existing original floor area
The Chief Building Official shall make the final determination regarding the application of this definition
Appendix I Section I 105.2 Footings is eliminated in its entirety.
Appendix J Section J103.2 Exception (1) is amended to read:
Grading in an isolated, self-contained area, provided there is no
danger to the public, that such grading will not adversely affect adjoining properties, and is less than a total of 50 cubic yards (cut and fill).
Section J110 Erosion Control is hereby amended by adding:
J110.3 Stormwater Management and Discharge. All construction sites are subject to the latest requirements of the City of San Dimas enforced National Pollution Discharge Elimination System (NPDES), Best Management Practices (BMPs), and applicable pollution control and erosion protection measures pursuant to Chapter 14.11 of the San Dimas Municipal Code.
(Ord. 1295 § 1, 2022)
Roofs of existing multi-family residential buildings (including duplexes, townhomes and condominiums) of Type V construction in Fire Zone III shall be reroofed with fire-retardant materials. In Fire Zone IV, all new roofs and reroofing of existing buildings shall be with fire-retardant materials. In the case of reroofing of existing structures, the fire-retardant roof materials shall be compatible with other roofs in the surrounding community, as determined by the city building division. Any appeal of the decision of the building official shall be to the development plan review board.
(Ord. 776 § 2, 1982)