HomeMy WebLinkAbout39731
3
4
5
6
7
8
9
10
11
12
13
14~
IS
16 I
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. ~~
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDINGS" AND
REPEALING CHAPTER 26B ENTITLED "MECHANICAL CODE",
CHAPTER 27 ENTITLED "ELECTRICITY",
AND CHAPTER 28 ENTITLED "PLUMBING" OF THE BUTTE COUNTY CODE
IN ORDER TO ADOPT THE "2007 CALIFORNIA BUILDING STANDARDS CODE"
The Board of Supervisors of the County of Butte ordains as follaws:
', Section 1. Intent.
It is the intent of the Board of Supervisors, in adapting this Ordinance, to provide minimum
standards for the regulation of building construction and to protect the public safety, health, property and
welfare in the County of Butte by adopting the 2007 edition of the California Building Standards Cade,
Title 24 of the California Code of Regulations, Parts 2, 3, 4, 5, 6, 8, 10, and 12 by reference without
further publication, subject to the definitions, clarifications, deletions, and amendments set forth in this
Ordinance. In adopting this Ordinance, Butte County is complying with state law which will became
effective January 1, 2008, as well as making amendments to accommodate existing local administrative
procedures that do not conflict with state law. In addition, the adoption of the California Building
Standards Code has previously been done in four separate chapters in the Butte County Code. "phis
Ordinance repeals three of the previous chapters and accomplishes all the required adoptions by reference
in Butte County Code Chapter 2b. ',
Section 2. Section 26-I of the Butte County Cade is repealed and replaced to read as follaws:
" 26-1 California Building Standards Code Title 24 of the California Code of Regulations, ',
Parts 2, 3, 4, ~, 6, 8, 10 and 12 Adopted by Reference.
In order to protect the public safety, health, property, and welfare in the County of Butte,
and to provide minimum standards for the proper regulation of building construction, the
fallowing parts of the 2007 edition of the California Building Standards Code, Title 24 of the
51
61
7
8
9
10
11
12
13
14
15
16
17
18
19
20 I
21 I
22 I
23
24
25
26
27
28
California Code of Regulations, are hereby adopted, incorporated, and made part of this chapter
by reference without further publication:
Part 2 California Building Code including Volumes 1 and 2, but only Appendix
chapters 1, C, I, and J.
Part 3 California Electrical Code
Part 4 California Mechanical Code
Part 5 California Plumbing Code
Part 6 California Energy Code including the appendix chapters
Part 8 California Historical Code including the appendix chapters
Part 10 California Existing Building Code
Part 12 California Referenced Standards Code including the appendix chapters
The 2007 California Building Standards Code parts and appendices listed above are hereby
declared to be the building code far Butte County and shall apply to and govern all building
construction in the unincorporated areas of the county as hereinafter provided subject to the
definitions, clarifications, deletions, and amendments set forth herein."
Section 3. Section 26-2 of the Butte County Code is amended to read as follows:
" 26-2 Definitions.
The -1-93$ 2007 California Building Standards Cade as adopted by Section 26-1 is amended to
read as follows:
Whenever any of the following names or terms are used in the ~ni-fo~rrrr California Building
Standards Code, such name or term shall have the meaning ascribed by this section as follows:
Building official: The manager of building inspection of the county.
Limited Agricultural Building: A building meeting the definition of "Agricultural, Building"in
Part 2, California Building Code, Volume 1, §202 and also found on the list set forth in Part 2. California
Building Code, Volume 2, Appendix C, §C 101."
Section 4. Section 26-3 of the Butte County Code is amended. to read as follows:
"26-3 Board of appeals.
2
1
21
3
4
5
6
7
8
9
10
ll
12
13
14
1S
16
17
18
19
20
21
22
23
24
2S
26
27
28
l~he -1-x-8 2007 California Building Standards Code as adopted by Section 26-1 is amended to
read as follows:
. ~~ ~, .Section 108.8 ofGhapter
1 General Code Provisions and Section 11? i of Appendix Chapter 1 Administration, of the
2007 California Building Code Sectian 108.8 of Chapter 1 General Code Provisions,
Administration of the 2007 California Mechanical Cade; Section 89,108.8 of California Article
89 General Cade Provisions of the 2007 California Electrical Cade; and Section 108.8 of
California Chapter 1 General Code Provisions of the 2007 California Plumbing Code are
deleted. The local appeals board of the county which was established by Resolution 64-3 by the
county board of supervisors shall hear any and all appeals regarding the application and
enforcement of this chapter. The decision of the Board of Appeals is final and not appealable
except to the courts and the Board of Appeals shall have no authority to waive the technical
requirements of this code."
Section S. Section 26-3.1 of the Butte County Code is repealed and replaced to read as follows:
"26-3.1 Amendments, additions and deletions.
(a) The 2007 California Building Standards Code as adopted by Section 26-1 is amended to read
I as follows:
Section lOS.3.2 of Appendix Chapter 1, Administration, of the 2007 California Building Code
I is amended to read as follows:
1 OS.3.2 Time limitation of application. An application for a permit far any proposed
work shall expire one {1}year after the date of filing, unless the permit has been issued.
Sectian 1 OS.S of Appendix Chapter 1, Administration, of the 2007 California Building Code is
amended to read as follows:
1 OS.S Expiration. Every permit issued by the building official under the provisions of this
code shall expire by limitation and become null and void after one (1) year from the date of
issuance of such permit. Provided, however, that if the building or work authorized by such
permit was commenced prior to such expiration and no changes have been made ar will be made
in the original plans and specifications for such building or work, a renewal permit may be
3
I
2
3
4
5
6
7
8
9
10
applied for within i0 days of the anginal permit expiration date. If application for a renewal
permit has not been made within said 30 days, or if work was not commenced pursuant to the
original permit, a new permit application and fees will be required. A renewed permit shall
expire and become null and void one (1) year from the expiration date of the original or
previously renewed permit. Any mechanical, electrical, or plumbing permit issued in conjunction
with a building permit shall remain active as long as the building permit is active.
Section 105.8 is added to Appendix Chapter 1, Administration, of the 2007 California Building
Code to read as follows:
105.8 Transferability. A permit may be transferred from the original permittee to another
person due to a change of ownership or contractor.
Section 106.3.1 of Appendix Chapter ],Administration, of the 2007 California Building Cade
12
13
14
15
16
17
18
19
20
21
22
23
24
z5
26
27
28
is amended to read as follows:
106.3.1 Approval of construction documents. When the building official issues a permit,
the construction documents shall be approved, in writing or by stamp, as
"Butte County Building Division Approved."
One set of construction documents so reviewed shall be retained by the building official. The
other set shall be returned to the applicant, shall be kept at the site of work and shall be open to
inspection by the building official or a duly authorized representative.
Section 108.3 of Appendix Chapter 1, Administration, of the 2007 California Building Code is
deleted and replaced to read as follows:
108.3 Building Permit Fees. Permit, plan checking, filing, and re-inspection fees and
refunds shall be as specified and adopted by the Butte County Board of Supervisors in Article IV
of Chapter 3 of the Butte County Code.
Section 110.1 of Appendix Chapter 1, Administration, of the 2007 California Building Code is
amended to read as follows:
110.1 Use and Occupancy. No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion thereof shall
be made until the building official has issued a certificate of occupancy therefor as provided
4
2
3
4
5
6
7
8
9
10
11
I2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
herein. 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. Provided, however, that no certificate of
occupancy is required for Group R, Division 3, and Group U Occupancies.
Section 11 1.3 of Appendix Chapter 1, Administration, of the 2007 California Building Standards
Code is amended to read as follows:
11 L3 Authority to disconnect service utilities. The building official shall have the
authority to authorize disconnection of utility service to the building, structure or system
regulated by this code and the codes referenced in case of an emergency, where necessary to
eliminate an immediate hazard to life or property. The building official shall have the authority
to authorize disconnection of utility service to the building, structure or system regulated by this
code and the codes referenced when any building service equipment is maintained in violation
of Section 105 of Appendix Chapter 1, Administration, of the 2007 California Building Code,
or of the codes adopted in Section 26-1, or in violation of a notice issued pursuant to the
provisions of Section 114 of Appendix Chapter 1, Administration, of the 2007 California
Building Code. The building official shall notify the serving utility, and whenever possible the
owner and occupant of the building, structure or service system, of the decision to disconnect
prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the
building, structure or service system shall be notified in writing, as soon as practical thereafter.
Section 112.2.6 is added to Appendix Chapter 1, Administration, of the 2007 California
~ Mechanical Cade to read as follo~~~s:
No permits shall be required for any building exempted by section 105.2, Appendix
Chapter 1, Administration, afthe 2007 California Building Cade, as adopted by Section 26-1 of
Chapter 26 of the Butte County Code. No permits shall be required for the installation, alteration
or repair of agricultural water pumps used solely for agricultural purposes.
Subsections (b)(S} and (b)(6) are added to Section 8}.1084.1 Permits, of California Article 89,
General Cade Provisions, of the 2007 California Electrical Code to read as follows:
(b)(5) Na permits shall be required far any building exempted by section 105.2, Appendix
Chapter 1, Administration, of the 2007 California Building Code, as adopted by Section 26-1 of ~
5
1
3
4
5
6I
71
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Chapter 2f of the Butte County Code.
(b){b} No permits shall be required for the installation, alteration or repair of agricultural
water pumps used solely for agricultural purposes.
Section 103.1.2.1 of Appendix Chapter 1, Administration, ofthe 2007 California Plumbing Code
is amended by adding the fallowing paragraph:
No permits shall be required for any building exempted by section 105.2, Appendix
Chapter 1, Administration, of the 2007 California Building Code, as adopted by Section 26-1 of
Chapter 26 of the Butte County Code. Na permits shall be required for the installation, alteration
ar repair of agricultural water pumps used solely for agricultural purposes.
(b) The following provision shall apply to permits under the California Mechanical Code,
California Electrical Cade, and California Plumbing Code:
The rules concerning time limitation of application, expiration, transferability, permit
fees, and use and occupancy shall be as specified above in subsection (a) above in the
amendments to Appendix Chapter 1, Administration, of the 2007 California Building Code,
Section 105,3.2, Section 105.5, Section 105.8, Section 108.3, and Section 110.1, respectively."
I Section b. Section 26-6 of the Butte County Cade is amended to read as follows:
" 26-6 Violations and penalties.
(a} It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any
building or structure, anv mechanical systems or equipment andelectrical system or equipment
in a building or premises, anv_p~umbin~, has or drainage piping ar water heating or treating
equipment in a building orpremises, or to do any grading, or cause or permit the same to be done,
in violation of this chapter.
{b) It shall be unlawful for any person to enter or remain in any building in violation of
any notice or order given or issued by the building official pursuant to this chapter if the building
is deemed and declared to be a substandard building pursuant to Health and Safet}7 Code Section
17920.3 due to the existence of a condition which endangers the life, limb, health, property,
safety, or welfare of the public or the occupants thereof.
6
21
31
4
5
6
7
8
9
10
I1
12
13
ld
15
l6
17
18
19
20
21
22
23
2~
2~
26
27
28
(c} Z~he use ar occupancy of any building or other property in vio]atian of any of the
provisions of this chapter is hereby declared to be a public nuisance and may be abated in the
manner provided by law."
Section 7. Chapter 26B of the Butte County Cade is repealed in its entirety.
Section 8. Chapter 27 of the Butte County Cade is repealed in its entirety.
Section 9. Chapter 28 of the Butte County Cade is repealed in its entirety.
Section 10. Severability.
If any provision ofthis Ordinance or the application thereof to any person or circumstances is for
any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or application thereof.
Section 11. Effective Date and Publication.
This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the
Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen
(IS) days after its passage. This Ordinance shall be published once, with the names of the members of
'the Board of Supervisors voting far and against it, in the chi .o .n .e ~ 'se, a newspaper of general
li circulation published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 11th day of nPcemla.er ~ 2007, by the following vote:
ACES: Supervisors Connelly,Josiassen, Kirk, Yamaguchi, and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
I ATTEST:
BRIAN HADDIX, Chief
Administrative O facer
and Clerk the d
By.
L6-07 wptl
~ __
JANE DQLAN, Chair of the
Butte County Board of Supervisors
,:'~
7
Ordinance Rio. _3924
i 1N ORE)IN.~1:~CE:.`1~~IENI}IVC; C'II~Ai''1'I~:it -t'1 - ~ If)1?C) t't;.`~`T'~)111~:EZ `:E~~1:VIt'~,:
REC;ULa`I'IONS al`~D ADDINCG CIIAPTI;R 47a -VIDEO REC~EJLaTIONS Et)R
a S'I'~1T'F; FR:1NC'Fi1SE :1CREEi'*IEN`I'S "I'O 7'iIE BT~T"1'I? COU~TV C'01)l+:
~ ~ The Hoard of Sr~pcrvisors of the C`oru~ty of- butte ordains as f~~llotivs:
t~
~ ~~ Section I. Purpose. This proposed ordinance amends Chapter 47, Video Customer Service
Regulations, to change its applicability to local Jranchise a~recments only and adzls Chaptc,r 47A,
~, ~ Video Regulations For `~tafe [~ranehisc Agreements. pursuant to the Digital Inftastruct~u-e and
lu ~~ Video C'ompetiiion .Act of?(}OCR.
it
~~ Section 2. Butte County Code Chapter 47 is amended to read as follotii~s:
t ; Chapter 47. VIDEO CUSTOII'IER SERIVCF. REGt'La'TIO~iS FOR LOC.1L
y:t FRaNC~1ISF. ~1CJREF",IE'tiTS.
,; 1
t~ I Section 3. Butte County Code Section ~?-I is amended to read as follows:
;-7 ~ ~ d7-I authority, citation, and applicabilih',
~ ~ This chapter is enacted by the board of supervisors pursuant to the authority granted to it hy:
~~~ Article 1, Section 1 of tl7e Britte County Charter; Article XI. Section 7 of the California
20 Constitution. The regulations herein may be cited as the "customer service regulations" and shall
2t ~ apply only to video services provided by video providers uzider a heal franchise aUreement.
~ ; Section 4. Chapter 47A is added to the Butte County Code to read as follows;
?4 Chapter 47A. VIDEO REGULATIONS FOR STATE FRAhtCHISE AGREEMENT'S
~;
~t, Section 5. Butte County Code Section -I7:1-I is added to read as follo~~s:
~7 47A-T Authority, citation and applicability.
~~
i
t~
7
5
c~
~ tt
ll
12
1
l~
1
iv
17
IS
19
2p
~~
??
23
24
~;
2G
27
28
-This chapter is cn~~cted l7v the board of st~pervis«as pursuant to th~~ authority ~;ranl~t3 t~~ it b~~
Section ti9O(}(c} of the Public Utilities C'otlc_ fhc board of sr~pcrG isors shall enf'orcc all c~i~ rho
custo>»cr service and protection st~ind~uds as specili~~l r~r rcler~ncccl >» Sect~t~n ~`~UO, lout uric.
not adept or seek to enl'orcc any additiana) or <liffercnt cusit~mcr servict~ or 1~c~~1't~i-m~inc~~
standards.
Section 6. Butte County Code Section ~7A-2 is added to read as follows:
~7~-2 Schedule of penalties.
For al~~, material breach by a holder of<~ state franchise ofthe standards set forth or referenced in
Section X90{) of the Public Utilities Code, the County shall assess the ma;:imtmi monet,iry
penalties allowed in Section 59{){){d} of the Public Utilities Code at the tilde of the breach.
Section 7. Severabilit}'. [f any pl~ovisioi~ oi~this Ozc~i~~~u~ce or the applicatiol~ thereofto any
~~ person or circiillistances is feu ~u~}~ ~e,~son held to he in~~alid by a court oi~competent jlu~is~lietion,
~ such provision shall be decmetl severable, and the in~ali~iiiy ihe:rt~ofsl~a11 not al~fcct tl~~
remaining provisions or afher applications of the Ordil~ance which can be given effect without
the invalid provision or application thereof.
Sectian 8. Effective Date and Publication. This Ordinance shall take effect thirty (30) day
after the date of its passage. The Clerk of the Board of Supervisors is authorised and directed to
publish this ordinance before the. expiration of fifteen (] 5) days after its ~~assage. This Ordinanc
shall be published once, with the names of the mezl~bers ohthe Board of Supervisors eating for
and against iC, in the Chico Enterprise Record __ _ , a newspaper of general circulation
published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors oCthe Co~mty of Butte, State of
California, on the 8irh day of January,L008 t the followi»g vote:
,I
ti
t~
S
~~
l C}
~z
~~
~~
i
1~
17
1
14
20
21
~~
2
24
~;
2b
27
28
A YF.S: Supervisors Connelly, Dolan, Kirk, Yamaguchi, and Chair Josiassen
\(-)E=~ None
~F3~iE~~ I : None
NAT ~'C) I'1'~G None ,`~. ~~~ ~,
~'1
__. _~
C„~~a en, Chair
Butte Go y Board of Supervisors
I t~"i TI=S T
C'. BR1,
Chic E~ A
anc~ ~~]~
4
~y
lff
~~
i`
f
7