HomeMy WebLinkAbout40262
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Ordinance No. 4025
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDINGS"
IN ORDER TO ADOPT THE "2010 CALIFORNIA
BUILDING STANDARDS CODE"
The Board of Supervisors of the County of Butte ordains as follows:
I Section 1. Intent.
It is the intent of the Board of Supervisors, in adopting 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 2010 edition of the
California Building Standards Code, Title 24 of the California Code of Regulations, Parts 1, 2,
2.5, 3, 4, 5, 6, S, 9, 10, 11, and 12 by reference without further publication, subject to the
definitions, clarifications, deletions, and azx~endments set forth in this Ordinance.
In adopting this Ordinance, Butte County is complying with state law which will become
effective January 1, 2011, as well as making amendments to accommodate existing local
administrative procedures that do not conflict with state law.
Conflicts with other laws, rules, etc: In the event a conflict between this Code and any
law, rule or regulation of the Federal or State Government occurs, that requirement which
establishes the higher standard of safety shall govern. Failure to comply with such standard of
safety shall be a violation of this Code. The Authority having jurisdiction shall determine the
establishment of the higher standard of safety and interpretation of such standard
Section 2. Section 26-1 of the Butte County Code is amended #o read as follows:
" 26-1 California Building Standards Code, Title 24 of the California Code of Regulations,
Parts 1, 2, 2.5, 3, 4, 5, 6, S, 9, 10, 11, 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
following parts of the 2010 Edition of the California Building Standards Code, Title 24 of the
California Code of Regulations, are hereby adopted, incorporated, and made part of this chapter
by reference without further publication:
Part 1 California Administrative Code, including the Appendices thereof
Part 2 California Building Code, including Volumes 1 and 2, but only Appendix
Chapters C, T, and J.
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Part 2.5 California Residential Cade, including Volumes 1 and 2, and Appendix
Chapters H and Q.
Part 3 California Electrical Code, including the Appendix Chapters
Part 4 California Mechanical Code, including the Appendix Chapters
Part 5 California Plumbing Code, including the Appendix Chapters
Part 6 California Energy Code, including the Appendix Chapters
Part $ California Historical Cade, including the Appendix Chapters
Part 9 California Fire Code, including Appendix Chapters 4, B, BB, C, CC, H,
and I
Part 10 California Existing Building Code, including the Appendix Chapters
Part 11 California Green Building Standards Code
Part 12 California Referenced Standards Code, including the Appendix Chapters
1997 Uniform Housing Code, Chapter 10
1997 Uniform Cade for the Abatement of Dangerous Buildings
The 2010 California Building Standazds Code parts and appendices listed above are
hereby declared to be the building code for Butte County anal 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:
I "26-2 Definitions.
The 2010 California Building Standards Code as adopted by Section 26-1 is amended to
read as follows:
Whenever any of the following names or terms are used in the California Building
Standards Code, such name or term shall have the meaning ascribed by this section as follows:
Building Offcial: The Building Division Manager of Butte County or hislher designated
representative.
Limited Agricultural Building: A building meeting the definition of "Agricultural,
Building" in Part 2, California Building Code, Volume i, § 202 and also found on the list set
forth in Part 2, California Building Code, Volume 2, Appendix C, § C101.1."
Section 4. Section 26-3 of the Butte County Code is amended to read as follows:
" 26-3 Board of appeals.
The 2010 California Building Standards Code as adapted by Section 26-1 is amended to
read as follows:
Section 113 of Chapter 1, Division II, of the 2010 California Building Code; Chapter 1,
Division II, Section R112 of the 2010 California Residential Code; Chapter 1, Division II,
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Section 110.4 of the 2010 California Mechanical Code; Section 89.10$.8 of California Article
89, General Code Provisions, of the 2010 California Electrical Code; and Section 1.8.8 of
Chapter 1, Administration, Division I, California Administration General Cade Provisions, of the
2010 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 5. Section 26-3.1 of the Butte County Code is repealed and replaced to read as
follows:
" 26-3.1 Amendments, additions and deletions.
The 2010 California Building Standards Cade as adapted by Section 26-1 is amended to
read as follows:
(a) California Suildin~ Code: The following sections of the 2010 California Building Code
are amended to read as follows:
Section 101.4 "Referenced Codes" is amended to read as follows: The other codes listed
in Sections 101.4.1 through 101.4.5 and referenced elsewhere in this code shall be considered
part of the requirements of this code to the prescribed extent of each such reference unless
I otherwise revised herein.
Section 101.4.1 "Gas" is amended to read as follows: The provisions of the California
Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas
appliances and related accessories as covered in this code. These requirements apply to gas
piping systems extending from the point of delivery to the inlet connections of the appliances
and the installation and operation of residential and commercial gas appliances and related
accessories.
Section 101.4.2 "Mechanical" is amended to read as follows: The provisions of the
California Mechanical Cade shall apply to the installation, alterations, repairs and replacement of
mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances,
including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators
and other energy-related systems.
Section 101.4.3 "Plumbing" is amended to read as follows: The provisions of the
California Plumbing Code shall apply to the installation, alteration, repair and replacement of
plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and
where connected to a water or sewage system and all aspects of a mechanical gas system.
Section 101.4.4 "Property Maintenance" is amended to read as follows: The provisions
of the Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings
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shall apply to existing structures and premises; equipment and facilities; light, ventilation, space
heating, sanitation, life and f re safety hazards; responsibilities of owners, operators and
occupants; and occupancy of existing premises and structures.
Section 101.x.5 "Fire Prevention" is amended to read as follows: The provisions of the
California Fire Cade shall apply to matters affecting or relating to structures, processes and
premises from the hazard of fire and explosion arising from the storage, handling or use of
structures, materials or devices; from conditions hazardous to life, property or public welfare in
the occupancy of structures or premises; and from the construction, extension, repair, alteration
or removal of fire suppression and alarm systems or fire hazards in the structure or on the
premises from occupancy or operation.
Section 103 "Department of Building Safety" is deleted in its entirety.
Section 105.3.2 "Time limitation of application" is amended to read as follows: An
application for a permit for any proposed work shall expire one (1}year after the date of filing,
unless the permit has been issued.
Section 105.5 "Expiration" is amended to read as follows: 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 or will be made in the original plans and specifications for such
building ar work, a renewal permit may be applied for within 30 days of the original permit
expiration date. If application for a renewal permit has not been made within said 30 days, or if
work was not carnmenced 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 ar 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 "Transferability" is added to read as follows: A permit may be transferred
from the original permittee to another person due to the death of the permittee or a change of
ownership or contractor.
Section 107.3.1 "Approval of construction documents" is amended to read as follows:
When the building official issues a permit, the construction documents shall be approved,
in writing or by stamp, as "Reviewed for Code Cozxzpliance."
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 109.3 "Building Permit Fees" is deleted and replaced to read as follows: Permit,
plan checking, f ling, and re-inspection fees and refunds shall be as specified and adopted by the
Butte County Board of Supervisors in Chapter 3 of the Butte County Code.
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Sec#ion 110.3.91 "Approval of Special Inspector" is added to read as follows: The
special inspector shall be a qualified person approved by the building division manager of Butte
County or his/her designated representative. The special inspector shall furnish continuous
inspection on the construction and work requiring his/her employment as prescribed in the
applicable code. The special inspector shall report to the building division manager in writing,
noting all code violations and other information as required on forms, prescribed ar approved by
Butte County.
Each person applying for listing/registration as a special inspector for Butte County shall possess
a valid certification from a certifying agency approved by the building division manager, as a
special inspector for each classification for which they apply. The building division manager
may administer testing procedures, which helshe may find appropriate.
Section 111.1 "Use and Occupancy" is amended to read as follows: Na building or
structure shall be used or occupied, and no change in the existing occupancy classif cation of a
building or structure or portion thereof shall be made until the building official has issued a
certificate of occupancy therefor as provided 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 112.3 Authority to disconnect service utilities is amended to read as follows:
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 ar 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 Chapter 1, Division II, of the 2010
California Building Code, or of the codes adopted in Section 25-1, or in violation of a notice
issued pursuant to the provisions of Section 114 of Chapter 1, Division II, of the 2010 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.
Appendix J, Section J101.2 "Flood Hazard Areas" is amended to read as follows: The
provisions of this chapter shall not apply to grading, excavation and earthwork construction,
including fills and embankments, in floodways within flood hazard areas where design flood
elevations are specif ed. All grading in flood hazard areas shall be performed in accordance with
the Butte County Fload Ordinance, Federal Emergency Management Agency (FEMA}
guidelines and any other regulations of the county pertaining to grading operations.
(b) California Residential Code: The following section of the 2010 California Residential
Code is amended to read as follows:
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Section R101.2 "Scope" is amended to read as follows: The provisions of the California
Residential Code shall apply to the construction, alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy, location, removal and demolition of
detached one- and two-family dwellings and townhouses not more than three stories above grade
plane in height with a separate means of egress and their accessory structures.
Exception: Live/work units complying with the requirements of section 419 of
the California Building Code shall be permitted to be built as one-and two-family
dwellings or townhouses. Fire suppression required by Section 419.5 of the California
Building Code when constructed under the California Residential Code, shall conform to
Section 903.3.1.3 of the California Building Gode.
{c) California Electrical Code: The following section of the 2010 California Electrical Code
is amended to read as follows:
Subsections (b}{5} and (b){6) are added to Section $9.10$.4.1, "Permits," of Article 89,
General Code Provisions, of the 2010 California Electrical Code to read as follows:
(b){S) No permits shall be required for any building exempted by section 105.2, Chapter
1, Division II, of the 2014 California Building Code, as adopted by Section 26-1 of
Chapter 26 of the Butte County Code.
{b}(6) No permits shall be required for the installation, alteration or repair of
agricultural water pumps used solely for agricultural purposes.
(d) California Mechanical Code: The fallowing section of the 2010 California Mechanical
Code is amended to read as follows:
Section 112.2.6 is added to Chapter 1, Division II, Administration, of the 2010 California
Mechanical Code to read as follows:
No permits shall be required for any building exempted by section 105.2, Chapter 1,
Division II, of the 2010 California Building Code, 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.
(e) California Plumbing Code: The following section of the 2014 California Plumbing Code
is amended to read as follows:
Section 103.1.2.3 of Chapter 1, Administration, of the 2010 California Plumbing Cade is
amended by adding the following paragraph:
No permits shall be required for any building exempted by section 105.2, Chapter 1,
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Division 11, of the 2010 California Building Code, as adopted by Section 2d-1 of Chapter 2b 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.
{f) California Fire Code: The following section of the 2010 California Fire Code is
amended to read as follows:
Section 101.1 "Title" is amended to read as follows: These regulations shall be known as
the Fire Code of the County of Butte, hereinafter referred to as "this code."
(g) The following provision shall apply to permits under the 2010 California Residential Code,
2010 California Electrical Code, 2010 California Mechanical Code, 2010 California Plumbing
Code, and 2010 California Fire Code:
The rules concerning time limitation of application, expiration, transferability, approval
of construction documents, permit fees, and use and occupancy shall be as specified in
subsection (a) above in the amendments to Chapter 1, Division II, of the 2010 California
Building Code, Sections: 105.3.2, 105.5, 105.8, 107.3.1, 109.3, and 111.1, respectively."
Section 6. Section 26-3.4 is added to read as follows:
" 26-3.4 Post-Disaster Safety Assessment Program.
Post-Disaster Safe Assessment Placards and Standard for Re air of Dama ed Structures.
The Board of Supervisors adopts the following provisions for Disaster Safety Assessment
Placards and Standard for Repair of Damaged Structures.
Purpose az~d Intent. This section establishes standard placards to be used to indicate the
condition of a structure for continued occupancy after any natural or manmade disaster. This
chapter further authorizes the Building Division representative to post the appropriate placard at
each entry point to a building or structure upon completion of a safety assessment. This chapter
also provides a defined level of repair for buildings damaged by a natural or manmade disaster
where a formal state of emergency has been proclaimed by the Board of Supervisors.
Application of Provisions. The provisions of this chapter are applicable, following each natural
or manmade disaster, to all buildings and structures of all occupancies regulated by Butte
County.
Definitions.
Damage Ratio is the estimated value of repairs required to restore the structural members to the
estimated replacement value of the building or structure.
Safety assessment is a visual, non-destructive examination of a building or structure for the
purpose of determining the condition for continued occupancy following a natural or manmade
disaster.
Placards.
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1. The following are descriptions of the official placards to be used to designate the condition
for continued occupancy of buildings or structures.
INSPECTED --Lawful Occupancy Permitted {Green in color} is to be posted on any
building or structure wherein no apparent structural hazard has been found. This placard
is not intended to mean that there is no damage to the building or structure.
RESTRICTED USE - (Yellow in color) is to be posted on each building or structure
that has been damaged wherein the damage has resulted in some form of restriction to the
continued occupancy. The individual who posts this placard will note in general terms
the type of damage encountered and will clearly and concisely note the restrictions on
continued occupancy.
UNSAFE - Do Nat Enter or Occupy (Red in color) is to be posted on each building or
structure that has been damaged such that continued occupancy poses a threat to Life
safety. Buildings or structures posted with this placard shall not be entered except as
authorized in writing by the Building Division. Safety assessment teams shall be
authorized to enter these buildings. This placard is not to be used or considered as a
demolition order. The individual who pasts this placard will note in general terms the
type of damage encountered.
2. This section number of the Butte County Code, the name of the department, its address, and
phone number shall be listed on each placard.
3. Once it has been attached to a building or structure, a placard is not to be removed, altered or
covered until done so by an authorized representative of the building department or upon written
notification from the department.
Structural Repairs. Structural repairs shall comply with Chapter 34 of the 2010 California
Building Code."
Section 7. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstances is far 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.
I i Section 8. 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
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expiration of fifteen (15} days after its passage. This Ordinance shall be published once, with the
names of the members of the Board of Supervisors voting for and against it, in the Enterprise
Record, a newspaper of general 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 23rd day of November, 2010, by the following vote:
AYES: Supervisor Dolan, Kirk, Lambert, and Chair Connelly
NOES: Supervisor Yamaguchi
.ABSENT: None
NOT VOTING: None
Bill Connelly, Chair of e
Butte County Board of Supervisors
ATTEST:
Paul Hahn
Chief Adzninistrativg Officer
and Clerk of the Board
By