The provisions of this Chapter are hereby declared to be severable. If any section, subsection, subdivision, sentence, clause, phrase, portion, or application of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision, and that holding shall not affect the validity of the remaining portions of this Chapter. The Board hereby declares that it would have enacted this Chapter, each section, subsection, subdivision, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions is declared invalid.
(Added by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3564, effective 7-4-19)
Whenever any of the following terms are used in said Chapter 15 (Building Regulations), such terms shall have the following meanings:
(a) 
"Building Official"
shall mean the Resource Management Agency Director of the County of Tulare or authorized representative.
(b) 
"Certificate of Occupancy"
shall be given the same meaning as defined in 2022 California Residential Code, California Code of Regulations, Title 24, Part 2.5 based on the 2018 International Residential Code, Division II Administration, Section R110. "Certificate of Occupancy" shall also mean approval of Final Inspection as performed by the Resource Management Agency.
(c) 
"Chief Appointing Authority of the City"
shall mean the Board of Supervisors of the County of Tulare.
(d) 
"City"
shall mean the County of Tulare or the unincorporated territory of the County of Tulare, as the text may require.
(e) 
"Fire Chief"
shall mean Fire Chief of Tulare County, Fire Warden where applicable, Fire Code Official, Fire Marshall, or authorized representatives.
(f) 
"Governing Body"
shall mean the Board of Supervisors of the County of Tulare.
(g) 
"Resource Management Agency Director or authorized representative(s)"
shall mean the Associate Director, Assistant Director Public Works, Assistant Director Planning Branch, Assistant Director Administration Branch, Fire Chief or their designees.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)
All fees shall be adopted by the Board of Supervisors by resolution and may be amended from time to time and the established fee schedules shall, except as otherwise provided in this Code, be collected in full in advance before the issuance of the corresponding permit.
(Amended by Ord. No. 3184, effective 6-7-97; amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3262, effective 10-2-01; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)
Applicants for permits may establish and maintain deposits in amounts not to exceed an amount as established by the Board of Supervisors from time to time with the Resource Management Agency or appropriate County Agency for the purpose of making payment of fees for such permits as are required by this Chapter. The establishment of any such deposit shall be made only at the discretion of the Resource Management Agency Director or authorized representative, shall include authorization for the Resource Management Agency to apply the balance of such deposits against any fee established under this Chapter, and shall provide for the payment of no interest. With the establishment of a deposit, an applicant may apply for any permit required by this Chapter by telephone, facsimile transmission (FAX), or E-Mail in accordance with procedures established by the Resource Management Agency Director or authorized representative, if the current balance of the deposit is adequate to cover the applicable fee. The balance of any deposit shall be returned to the applicant after reasonable notice and request.
This section shall be operative as of July 1, 2014.
(Amended by Ord. No. 3457, effective 7-1-14)
Those buildings which would otherwise be classified as "Group U" occupancy under the California Building Code and considered as agricultural buildings under Appendix C – Group U – Agricultural Buildings of the California Building Code may be exempt from the inspection fee provisions of Section 7-15-1020 (Permit Fees). In order for these structures to fall under the Agricultural Exempt status, there cannot be any utilities to the building with the exception of one lighting circuit; provided, the electrical source comes from another structure.
(Amended by Ord. No. 3147, effective 1-19-96; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)
Whenever the owner of a building, which is exempted from the application of this Article, voluntarily applies for a permit under said California codes, such building shall thereafter be subject to all of the provisions of said California codes of this Article and shall be subject to all fees established from time to time.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)
Applicants must comply with Tulare County Ordinance Code Sections 4-03-1500 et seq. (Chapter 4 Management of Solid Waste) prior to any permit being issued under this Chapter.
(Added by Ord. No. 3321, effective 01-24-06; amended by Ord. No. 3457, effective 4-17-14)
The Resource Management Director or authorized representative shall determine whether the proposed construction and the real property involved comply with the following:
(a) 
That it is proper to issue such permit under the provisions of Section 66499.34 of the Government Code of the State of California. If said property fully complies with said Section 66499.34, the Resource Management Director or authorized representative shall so certify on the permit. If said property does not fully comply with said Section 66499.34, the Resource Management Director or authorized representative shall refer the matter to the Planning Commission (Ordinance No. 3422 dated April 5, 2011), pursuant to Section 7-03-1015 (Notice of Violation: Hearing) of this Ordinance Code and the building permit shall not be issued until the matter has been resolved in accordance with said Section 7-03-1015 (Notice of Violation: Hearing) and the other related sections in Chapter 3 – Certificate of Compliance (commencing with Section 7-03-1000) of Part VII of this Ordinance Code, and until the property fully complies with the requirements of said Section 66499.34 of the Government Code.
(b) 
That the proposed construction and property comply with all of the provisions of Ordinance No. 352 as amended (commonly known as the Zoning Ordinance of Tulare County), any interim zoning ordinances, and the provisions of Chapter 19 (Regulations Concerning Streets and Highways, commencing with Section 7-19-1000 et seq.) of Part VII of this Ordinance Code that apply to the property. The building permit shall not be issued until the Resource Management Director or authorized representative certifies on the permit that such construction will not be in violation of said ordinances.
(c) 
That the proposed construction and property complies with the provisions of Section 7-19-1548 (Required Access) of this Ordinance Code pertaining to access or that the access, if not existing, will be developed prior to occupancy to the standards established in Section 7-19-1548 (Required Access) of this Ordinance Code. A building permit shall not be issued until existence of sufficient right-of-way easement rights to allow compliance with Section 7-19-1548 (Required Access) has been demonstrated by a recorded grant deed or court judgment. Occupancy under the building permit shall not be allowed until the Resource Management Director or authorized representative certifies compliance with Section 7-19-1548 (Required Access).
(d) 
That the proposed construction and property comply with the requirements of any other provisions of State law or this Ordinance Code which are enforced by the Resource Management Agency and other County Departments. The building permit shall not be issued until the Resource Management Director or authorized representative certifies on the permit that such construction will not be in violation of said laws and ordinances.
(Amended by Ord. No. 3254, effective 3-20-01, formerly titled: "Review and Action by Planning and Development Director:"; amended by Ord. No. 3457, effective 4-17-14)
(a) 
If a school district in which residential or commercial development is proposed has made the findings specified in Section 7-21-1015 (School Facilities: Findings: Notification to Board of Supervisors Chapter 21 Dedication of Land or Payment of Fees For School Facilities) of this Ordinance Code and the Board of Supervisors has concurred in such findings and determined the fees payable by a developer in accordance with Sections 7-21-1020 (Action by Board of Supervisors) and 7-21-1040 (Fees) of this Code, the Resource Management Agency Director or authorized representative shall not issue a building permit for such residential development or applicable new construction of buildings without requiring payment of the fees previously determined by the Board in accordance with the provisions of Section 7-21-1045 (Building and Use Permits: Payment of Fees) of this Ordinance Code.
(b) 
The applicant may appeal the requirement of fees to the Board of Supervisors in accordance with Section 7-21-1030 (Appeals) of this Ordinance Code.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)
(a) 
Any determination made pursuant to Chapter 15 (Building Regulations) of this Code by the Resource Management Agency Director or Fire Chief or their authorized representatives may be appealed in writing to the Local Appeals Board created under this section. To the extent practical, such appeal shall be subject to the procedural provisions of section 165 (Administrative Appeals) of this Code, except as otherwise provided.
(b) 
There is hereby created a Local Appeals Board and Housing Appeals Board (hereinafter referred to as the "Local Appeals Board") as provided in section 1.8.8.1 of the California Building Code, consisting of five (5) members appointed by the Board of Supervisors. The term of office of each shall be four (4) years or until his or her successor is appointed and qualified. Vacancies other than upon the conclusion of a term shall be filled for the remainder of the predecessor’s term. Members shall be qualified by experience and training to rule upon matters pertaining to building code interpretation, fire code interpretation, and suitability of alternate materials and types of construction, and shall not be employees of the County. It shall be the policy of the Board of Supervisors to appoint as members at least one (1) registered civil engineer, one (1) licensed architect, and one (1) contractor with at least a Class B license, but this policy shall in no way deprive the Board of Supervisors of its full discretion in the appointment of otherwise qualified persons. Each member shall receive twenty-five dollars ($25.00) for each meeting attended but not to exceed fifty dollars ($50.00) in any one (1) calendar month. The Local Appeals Board shall fix regular times and places for its meetings. Except where inconsistent with the provisions of this section or other provisions of this Code, the duties of the Local Appeals Board shall be as prescribed in section 1.8.8 of the California Building Code and elsewhere in this Code. The jurisdiction of the Local Appeals Board shall also extend to any other matters that the Board of Supervisors by ordinance or resolution makes subject to the jurisdiction of the Local Appeals Board.
(c) 
Appeals must be filed with the Clerk of the Board of Supervisors within thirty (30) days after the determination or decision from which appeal is being made has been rendered. Appeals must be made on forms furnished by the Clerk and available in person from the Clerk’s office and on the Clerk’s webpage. A separate appeal form must be filed for each matter being appealed. Any required attachments must be included with the appeal form. At the time of filing the appeal, the appellant must pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as that amount is established from time to time by resolution of the Board of Supervisors.
(d) 
Prescriptive standards as set forth in this Code do not constitute a decision of the building official or County Fire Chief appealable under this section.
(e) 
All applicants and appellants shall be given reasonable opportunity to be heard and present evidence. Decisions of the Local Appeals Board shall be in writing, shall advise the parties of their appeal rights under Code of Civil Procedure section 1094.6, and shall be delivered by the Clerk of the Board of Supervisors to the appellant either in person or by mailing to the address stated on the appeal or application and to the relevant County Department. Decisions of the Local Appeals Board are final for administrative purposes, but may be appealed to the California Superior Court in accordance with Code of Civil Procedure section 1094.6.
(f) 
The Local Appeals Board shall have no authority relative to fees, permit processing, or other matters that are not directly related to building standards, and shall have no authority to waive the requirements of this Code. Appeals of any notice of violation or notice and order to abate any violation of this Code shall be heard and decided by a County Hearing Officer pursuant to Chapter 31 of Part I of this Code.
(g) 
This section is hereby suspended, effective December 17, 2019. This section may be reactivated at any time by repeal of this subsection. During the suspension of this section, all references in this Ordinance Code to appeals to the Local Appeals Board shall be deemed to be references to appeals to the Board of Supervisors under Section 165 of this Ordinance Code.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19; amended by Ord. No. 3575, effective 12-17-19)
Dedications of rights-of-way and construction of public improvements on property for which a building permit has been requested shall be governed by Article 19 (Dedications and Improvements) commencing with Section 7-15-1940 of this Chapter.
(Amended by Ord. No. 3457, effective 4-17-14)
Tulare County shall seek to recover costs for fire suppression, investigation and emergency response to the extent provided by law.
(Added by Ord. No. 3457, effective 4-17-14)
(a) 
It shall be unlawful and a public nuisance for any person to erect, construct, enlarge, alter, repair, move, remove, demolish, convert, equip, use, occupy, or maintain any building or structure, or any portion thereof, in the unincorporated territory of Tulare County, contrary to or in violation of Chapter 15 (Building Regulations) or of this Article, or to cause, permit, or suffer the same to be done.
(b) 
It shall also be unlawful and a public nuisance for any person to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the unincorporated territory of Tulare County contrary to or in violation of any of the provisions of Chapter 15 (Building Regulations), or of this Article, or to cause, permit, or suffer the same to be done.
(c) 
Any person violating any of the provisions of this Chapter, or any of the California Codes incorporated pursuant to any of the provisions of this Chapter 15 (Building Regulations), shall be guilty of a misdemeanor, which shall be punishable as provided in Section 125 (Violations) of this Code. Any person in violation of Chapter 15 (Building Regulations) or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3564, effective 7-4-19)