Section R105.1, Chapter
1 of the California Residential Code and Section 105.1, Chapter
1 of the
California Building Code, 2022 Edition is hereby amended to read:
Permits Required. It shall be unlawful for any person, firm,
or corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, or demolish any building or structure, any
boathouse, nonregistered houseboat, wharf, boat dock, or other water-related
structure or make any installation, alteration, repair, replacement,
or remodel of any equipment, system, or private parking lot regulated
by the adopted administrative provisions and model codes, without
first obtaining a permit for each building, structure, equipment,
system, or private parking lot from the Building Official.
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Section R105.2, Item 2 of the California Residential Code and
Section 105.2, Item 2 of the
California Building Code, 2022 Edition
is hereby amended to read:
2.
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Fences meeting all of the following:
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a.
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Not over 7 feet high.
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b.
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Not used as a pool, spa, or hot tub barrier.
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c.
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When constructed of concrete or masonry not over 4 feet in height
above adjacent finished grade.
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(Prior code § 13-301; Ord. 026-07 C.S. § 3; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2014-03-04-1201-01 C.S.
§ 2; Ord. 2016-11-15-1204-01 § II; Ord. 2019-11-19-1102-01 § 2; Ord. 2022-11-15-1203 C.S. § 2)
Section R106.1.1 of the California Residential Code, and Section
107.2.1 of the
California Building Code, 2022 Edition is hereby amended
to read:
Information on Plans and Specifications: Plans and specifications
shall be drawn to scale upon suitable material or electronic media
and formatted as approved by the building official. Construction documents
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 the model codes, relevant laws, ordinances, rules,
and regulations as determined by the Building Official. The first
page of each set of plans shall give the street address of the work
and the name and address of the owner and person who prepared them.
Plans for buildings and structures shall include a plot plan showing
the location of the proposed building and of every existing building
on the property. In lieu of detailed specifications, the Building
Official may approve references on the plans to a specific section
or part of these codes or other ordinances or laws.
(Prior code § 13-302; Ord. 026-07 C.S. § 3; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2014-03-04-1201-01 C.S.
§ 2; Ord. 2016-11-15-1204-01 § II; Ord. 2018-09-18-1104 § I; Ord. 2019-11-19-1102-01 § 2; Ord. 2022-11-15-1203 C.S. § 2)
Sections R105.5, R106.3, R106.3.1, R106.3.3, R106.4, and R106.5, Chapter
1, of the California Residential Code and Sections 105.5, 107.3, 107.3.1, 107.3.3, 107.4, and 107.5, Chapter
1, of the
California Building Code, 2022 Edition, are hereby amended to read:
A. Procedure
for Issuance.
1. Review of Plans: The application, plans, specifications, computations, and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments of the City of Stockton and other enforcement agencies to verify compliance with the applicable laws under their jurisdiction. If the Building Official is satisfied that the work described in the application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of these codes and other pertinent laws, ordinances, and resolutions, and that the fees specified in Section
15.04.280 and Title
16 et seq., and accompanying resolutions have been paid, a permit shall be issued to the applicant.
2. Endorsement;
Modification of Approved Plans: When a permit for which plans are
required is issued, the Building Official shall endorse in writing
or stamp on electronic sets of plans and specifications "Reviewed
for Code Compliance." Such approved plans and specifications shall
not be changed, modified, or altered without prior written authorization
from the Building Official, and all work regulated by these codes
shall be done in accordance with the approved plans.
3. Permits
for Partial Construction: The Building Official may issue a permit
for the construction of part of a building, structure, or system before
the entire plans and specifications for the whole building, structure,
or system have been submitted or approved, provided adequate information
and detailed statements have been filed complying with all pertinent
requirements of these codes. The holder of such permit shall proceed
at their own risk without assurance that the permit for the entire
building, structure, equipment, or system will be granted.
B. Denial
of Permit: A permit shall not be issued for work on property within
an area which has been determined by the Building Official to be unsafe
for such work, and because of the hazard there is no way in which
the structure can be erected on such land so that it will be safe.
C. Retention
of Construction Documents: One set of approved plans, specifications,
and computations shall be retained by the Building Official for a
period of time set forth in State and local statutes, and one set
of plans and specifications shall be returned to the applicant and
said set shall be kept on the site of the building or work at all
times during which the work authorized thereby is in progress.
D. Expiration
of Permit.
1. Every
permit issued by the Building Official under the provisions of these
codes shall expire by limitation and become null and void in the following
circumstances:
a. If the building or work authorized by such permit for a project is
not commenced and at least one approved inspection recorded on the
permit within 365 days from the date of issuance of such permit; or
b. If the building or work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a period of
180 days. Work shall be deemed abandoned or suspended if 180 days
has expired between inspections recorded on the permit.
2. Before
such work can be recommended a new permit shall be first obtained
to do so, and the fee therefor shall be 1/3 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
three years.
3. Any
permittee holding an unexpired permit may apply for an extension of
the time within which work may be commenced 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. The Building Official is authorized to grant, in writing, one
or more extensions of time, for a period of not more than 180 days
each.
E. Notwithstanding
any other provisions of this Code to the contrary, in the event, after
issuance of a Building Permit, the Building Official finds that work
has been suspended or not prosecuted diligently during the validity
period, then upon recommendation to the Building Board of Appeals
and upon majority vote of the Building Board of Appeals, the Board
may terminate the permit, add conditions to said permit, including
the requirement of a faithful performance bond guaranteeing completion
of the structure within a reasonable time as specified by the Board
if the permit is renewed or extended, or impose other penalties and
sanctions as it may deem appropriate. A copy of the Building Official's
recommendation shall be sent to the holder of the building permit
at the same time that said recommendation is sent to the Building
Board of Appeals.
Any action taken by the Building Board of Appeals as herein
provided shall be taken only after a public hearing, in accordance
with the procedures set forth in Title 15 of the Stockton Municipal
Code. At least 10 days' written notice shall be given to the holder
of the Building Permit prior to the date set for public hearing.
(Prior code § 13-303; Ord. 026-07 C.S. § 3; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2014-03-04-1201-01 C.S.
§ 2; Ord. 2016-11-15-1204-01 § II; Ord. 2019-11-19-1102-01 § 2; Ord. 2022-11-15-1203 C.S. § 2)
Section R108, Chapter
1, of the California Residential Code and Section 109, Chapter
1, of the
California Building Code, 2022 Edition is hereby amended to read:
A. Establishment
of Fees: Permit fees shall be established from time to time by resolution
of the Council of the City of Stockton.
B. Determination
of Value:
The applicant for a permit shall provide an estimated permit
value at time of application. The value to be used in computing the
building permit and building plan review fees shall be the total of
all construction work for which the permit is being issued, as well
as roofing, electrical, plumbing, gas, heating, air conditioning,
elevators, fire extinguishing systems, and any other permanent equipment
and systems. Value for donated and/or discounted materials and labor
shall be established at typical market value and rates. The permit
shall include additional valuation for work on the project site such
as lighting, sewer, water service, and other items requiring inspection.
In no case shall the valuation for new construction or additions be
less than determined by the International Code Council based cost
tables. When permitted work includes an alteration to an existing
structure, or includes work outside of the standard calculated fee
areas determined by the International Code Council based square footage
cost tables, the applicant shall provide actual/contracted project
costs to establish the additional non-calculated valuation of the
total permitted project. If, in the opinion of the Building Official,
the valuation is underestimated on the application, the permit shall
be denied unless the applicant can show detailed estimates to meet
the approval of the Building Official. Final building permit valuation
shall be set by the Building Official.
C. Work
Without a Permit—Investigation Fee: Where work for which a permit
is required is started or proceeded prior to obtaining said permit,
a special investigation shall be made before a permit may be issued
for such work. An investigation fee shall be collected at the time
the permit is issued. The investigation fee shall total twice the
amount of the permit fee. The investigation fee shall be in addition
to the permit fee.
The payment of the investigation fee shall not relieve any person
from fully complying with the requirements of this Code in the execution
of the work or from any other penalties prescribed by law.
D. Investigation Fee—Appeal: Any person required to pay an investigation fee under subsection
C above, may appeal the imposition of such investigation fee to the Board of Appeals. Such appeal shall be filed according to the rules and regulations of the Board of Appeals.
Whenever the Board of Appeals finds that there is a reasonable excuse for the failure to obtain a building permit, the Board of Appeals may reduce the amount of the investigation fee to one-ninth (1/9) of the amount of the investigation fee as set forth in subsection
C above.
In determining whether there is a reasonable excuse for the
failure to obtain a permit, the Board of Appeals may consider such
factors as unfamiliarity with the Code or demonstrable negligence
on the part of an employee.
E. Record
Fees Collected: The Director shall keep a permanent, accurate account
of all fees collected and give the name of each of the persons upon
whose account the same were paid, the date and amount thereof, together
with the location of the building or premises to which they relate.
F. Plan
Review Fees: When a plan or other data is required to be submitted,
a plan review fee shall be paid. Said plan review fee shall be collected
either at the time of submitting plans and specifications or at the
time of issuance of the permit, at the discretion of the Building
Official. Said plan review fees for buildings or structures shall
be those established by resolution of the Council of the City of Stockton.
The plan review fees specified in this subsection are separate fees from the permit fees specified in subsection
A of this section and are in addition to the permit fees.
The plan review fees for electrical, mechanical, and plumbing
work shall be charged at the rate established by resolution of the
Council of the City of Stockton.
Where plans are incomplete or changed so as to require additional
plan review, an additional plan review fee shall be charged at the
rate established by resolution of the Council of the City of Stockton.
G. Combination
Permit: Combination permits are required for any project for which
there is more than one trade involved in the construction of a project,
including building, mechanical, plumbing, and/or electrical.
H. Expiration
of Plan Review: Applications for which no permit is issued within
180 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 90 days upon request by the applicant allowing that
circumstances beyond the control of the applicant have prevented action
from being taken. The Building Official is authorized to grant one
or more extensions of time for additional periods not exceeding 90
days each. In order to renew action on an application after expiration,
the applicant shall resubmit plans and pay a new plan review fee.
I. Fee
Refunds:
1. The
Building Official may authorize the refunding of any fee paid hereunder
which was erroneously paid or collected.
2. The
Building Official may authorize the refunding of the permit fee paid
when no work has been done under a permit issued in accordance with
this Code. The plan review fee shall be retained.
3. The
Building Official may authorize the 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
plan reviewing is done.
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.
(Prior code § 13-304; Ord. 026-07 C.S. § 3; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2014-03-04-1201-01 C.S.
§ 2; Ord. 2016-11-15-1204-01 § II; Ord. 2019-11-19-1102-01 § 2; Ord. 2022-11-15-1203 C.S. § 2)
The City shall participate in the strong-motion instrumentation program established by Chapter 8 of Division
2 of the California
Public Resources Code, commencing with Section
2700 and collect fees on the total value of proposed building construction as set therein.
(Prior code § 13-304.1)
Pursuant to California
Government Code Sections 34090 and 34090.5,
and California
Health and Safety Code Section 19850, the City is required
to preserve certain building construction plans and documents. In
order to pay for the electronic imaging of such records, a fee shall
be collected from each applicant for a building permit as set by resolution
of the Council of the City.
(Prior code § 13-304.2; Ord. 026-07 C.S. § 3)
Section R109, Chapter
1, of the California Residential Code and Section 110, Chapter
1, of the
California Building Code, 2022 Edition is hereby amended to read:
A. General. All construction or work for which a permit is required shall be subject to inspection by the Building Official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall be subject to continuous inspections as specified in Section
15.04.320.
Approval as a result of an inspection shall not be construed
to be an approval of a violation of the provisions of these Codes
or of other ordinances of the City of Stockton. Inspections purporting
to waive or authorize violation of any provisions of these Codes or
of other ordinances of the City of Stockton shall be void.
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 the City of Stockton shall be liable for
any expense entailed in the removal or replacement of any material
required to allow inspection.
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.
B. Inspection
Requests. 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 24 hours before such inspection is
scheduled. Such request may be online or by telephone at the option
of the Building Official.
It shall be the duty of the person requesting any inspection
required by these Codes to provide access to and means for proper
inspection of such work.
C. Permit
Card. Work requiring a building permit shall not be commenced until
the permit holder or their agent shall have posted the official permit
record card in a conspicuous place on the front premises and in such
a position as approved by the Building Official. This card shall be
maintained in such position by the permit holder until final approval
has been issued by the Building Official.
D. Approvals Required; Conformity with Approved Plans. No work shall be done on any part of the building, structure, or private parking lot beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or their agent wherein the same fails to comply with these Codes and the approved plans, specifications, and permit conditions. Any portions which do not comply shall be corrected and such portions shall not be covered or concealed until authorized by the Building Official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required in subsection
E, below.
There shall be a final inspection and approval of all buildings
and building service equipment when completed and ready for occupancy.
E. Required
Inspections. Reinforcing steel or structural framework of any part
of any building or structure shall not be covered or concealed without
first obtaining the approval of the Building Official.
The Building Official shall make the following inspections upon
notification by the permit holder or their agent providing all other
requirements of this section have been met. The Building Official
shall either approve that portion of the construction as completed
or shall notify the permit holder or their agent wherein the same
fails to comply with these Codes, the approved plans and specifications,
or other permit conditions.
1. Foundation
Inspection: To be made after trenches are excavated and forms erected
and when all materials for the foundation are delivered on the job.
Where concrete from a central mixing plant (commonly termed "transit
mixed") is to be used, materials need not be on the job.
2. Concrete
Slab or Underfloor Inspection: To be made after all in-slab or underfloor
building service equipment, conduit, piping accessories, and other
auxiliary equipment items are in place, inspected, and approved but
before any concrete is poured or floor sheathing installed, including
the subfloor.
3. Frame
Inspection: To be made after the roof, all framing, fire blocking,
and bracing are in place and all pipes, chimneys, and vents are complete
and rough electrical, plumbing, heating wires, pipes, and ducts are
approved.
4. Insulation
Inspection: To be made after all insulation has been installed.
5. Fireplace
Inspection: To be made when any masonry fireplace has been constructed
to mantel height with reinforcing steel, combustion air openings,
and dampers in place.
6. Hollow
Concrete Block Masonry: To be made after first block courses are laid
up with the first bond beam course steel in place and before bond
beam blocks are grouted.
7. Lath
and/or Wallboard Inspection: To be made after all lathing and/or wallboard,
interior and exterior, is in place but before any plastering is applied
or before wallboard joints and fasteners are taped and finished.
8. Final
Inspection: To be made after building is complete and ready for occupancy,
and public improvements have either been accepted by action of the
City Council, or upon application of City Public Works, when the subdivision
is otherwise in compliance with all pertinent regulations.
F. Plumbing,
Electrical, Mechanical, and Private Parking Lot Inspections.
1. General:
All equipment, systems, or private parking lots for which a permit
is required under these codes shall be inspected by the Building Official.
No portion of any equipment, system, or private parking lot intended
to be concealed by any permanent portion of the building or private
parking lot shall be concealed until inspected and approved. When
the installation of any equipment or system is complete, a second
or final inspection shall be made. Equipment or systems regulated
by these codes shall not be connected to the fuel or power supply
until authorized by the Building Official.
2. Operation
of Equipment: The requirements of this section shall not be considered
to prohibit the operation of any equipment or systems installed to
replace existing equipment or systems serving an occupied portion
of the building if a request for inspection of such equipment or system
has been filed with the Department not more than 48 hours after such
replacement work is completed and before any portion of such equipment
or system is concealed by any permanent portion of the building.
3. Final
Inspection Revoked: A final inspection approval may, upon notice,
be revoked by the Building Official if it is found that the equipment
or system fails in any respect to comply with the requirements of
these codes, plans, or specifications or that the installation is
unsafe, dangerous, or a hazard to life or property.
G. Other
Inspections. In addition to the called inspections specified above,
the Building Official may make or require other inspections of any
construction work or of any existing building to ascertain compliance
with the provisions of these codes and other laws which are enforced
by the Department Building Official.
For the purpose of determining compliance with Section
15.04.040, the Building Official may cause any structure to be inspected.
H. Reinspections.
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 subsection is not to be interpreted as requiring reinspection
fees the first time a job is rejected for failure to comply with the
requirements of these codes, but as controlling the practice of calling
for inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be assessed when the permit card is not
properly posted 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.
To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for the purpose and pay the reinspection fee in accordance with Section
15.04.280.
In instances where reinspection fees have been assessed, no
additional inspection of the work will be performed until the required
fees have been paid.
(Prior code § 13-305; Ord. 026-07 C.S. § 5; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2014-03-04-1201-01 C.S.
§ 2; Ord. 2016-11-15-1204-01 § II; Ord. 2019-11-19-1102-01 § 2; Ord. 2022-11-15-1203 C.S. § 2)
In addition to the inspections to be made as specified in Section
15.04.310, the owner or the engineer or architect acting as the owner's agent shall employ one or more approved special inspectors who shall provide the special inspections as follows:
A. As
specifically required by the Building Official.
C. Electrical
Special Inspection. In addition to the inspections required by the
2022 California Electrical Code (CEC), electrical special inspection
shall be provided for the following items:
1. Installation
or alteration of high voltage electrical systems and equipment which
fall within the scope of CEC, Article 490.
2. Installation
or alteration of that portion of a healthcare facilities electrical
system which falls within the scope of CEC, Article 517, including
such systems installed in facilities where outpatient surgical procedures
are performed (OSHPD 3).
3. Installation
or alteration of electrical systems within locations classified as
hazardous by provisions of the CEC, except for gasoline dispensing
installations and systems located within storage garages, repair garages
or lubritoriums.
4. Installation
of Critical Operations Power Systems (COPS) which fall within the
scope of CEC, Article 708.
5. Installation
of solar photovoltaic systems greater than 100 kW which fall within
the scope of CEC, Article 690.
6. Installation
of unlisted equipment.
7. Where
required by the registered design professional in responsible charge
for the electrical design.
(Prior code § 13-306; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2014-03-04-1201-01 § 2; Ord. 2016-11-15-1204-01 § II; Ord. 2019-11-19-1102-01 § 2; Ord. 2022-11-15-1203 C.S. § 2)
A. Change in Occupancy. Changes in the character of use of a building shall not be made except as specified in Section
506 of the California Existing Building Code.
B. Certificate
Issued. After final inspection when it is found that the building
or structure complies with the provisions of these codes, the Building
Official shall issue a Certificate of Occupancy which shall contain
the following.
1. The
building permit number.
2. The
address of the structure.
3. The
name and address of the owner.
4. A
description of that portion of the structure for which the certificate
is issued.
5. A
statement that the described portion of the structure complies with
the requirements of these codes for group and division of occupancy
as classified.
6. The
name of the Building Official.
7. The
edition of the code under which the permit was issued.
8. The
use and occupancy, in accordance with the provisions of Chapter 3.
9. The
type of construction as defined in Chapter 6.
10. The design occupant load.
11. Where an automatic sprinkler system is provided, whether the sprinkler
system is required.
12. Any special stipulations and conditions of the building permit.
C. 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.
(Prior code § 13-307; Ord. 026-07 C.S. § 7; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2014-03-04-1201-01 C.S.
§ 2; Ord. 2016-11-15-1204-01 § II; Ord. 2019-11-19-1102-01 § 2; Ord. 2022-11-15-1203 C.S. § 2)