HomeMy WebLinkAbout4072Ordinance No. 4072
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDINGS"
IN ORDER TO ADOPT THE "2013 CALIFORNIA
BUILDING STANDARDS CODE"
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The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Intent.
It is the intent of the Board of Supervisors, in adopting this Ordinance, to provide
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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 2013 edition of the
California Building Standards Code, Title 24 of the California Code of Regulations, Parts I, 2,
2.5, 3, 4, 5, 6, 8, 9, 10, 11, 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 become
effective January 1, 2014, 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, the 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.
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Section 2. Section 26-1 of the Butte County Code is amended to 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, 8, 9, 10, 11, and 12 Adopted by Reference.
[n 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 2013 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 Volumes 1 and 2 including Appendix Chapters
C, I, and J.
Part 2.5 California Residential Code including Appendix Chapters H and Q.
Part 3 California Electrical Code including the Informative Annex Chapters A,
B, C, D, F, G,andI.
Part 4 California Mechanical Code including Appendix Chapters B, C, and D.
Part 5 California Plumbing Code including Appendix Chapters A, B, D, G, I,
J.
Part 6 California Energy Code including the Appendix Chapter.
Part 8 California Historical Code including the Appendix Chapters.
Part 9 California Fire Code including Appendix Chapters 4, B, BB, C, CC, D
only Section 103.6, G, 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.
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1997 Uniform Housing Code, Chapter 10.
1997 Uniform Code for the Abatement of Dangerous Buildings.
The 2013 California Building Standards Code parts and appendices listed above are
rereby declared to be the building code for Butte County and shall apply to and govern all
wilding construction in the unincorporated areas of the county as hereinafter provided subject to
he 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 2013 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 Official: The Building Division Manager of Butte County or his/her designated
representative.
Limited Agricultural Building: A building meeting the definition of "Agricultural
Building" in Part 2, California Building Code, Volume 1, Section 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 2013 California Building Standards Code as adopted by Section 26-1 is amended to
read as follows:
Section 113 of Chapter 1, Division II, of the 2013 California Building Code; Chapter 1
Division II, Section R112 of the 2013 California Residential Code; Chapter 1, Division II,
Section 108.0 of the 2013 California Mechanical Code; Section 89.108.8 of California Article
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89, General Code Provisions, of the 2013 California Electrical Code; and Sections 102.3 and
102.3.1 of the 2013 California Plumbing Code are deleted. The local appeals board of the
county which was established by Resolution # 13-144 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 a
follows:
" 26-3.1 Amendments, additions and deletions.
The 2013 California Building Standards Code as adopted by Section 26-1 is amended to
read as follows:
(a) California Building Code: The following sections of the 2013 California Building
Chapter 1, Division II, are amended to read as follows:
Section 101.4.4 "Property Maintenance" is amended to read as follows: The
of the 1997 Uniform Housing Code and 1997 Uniform Code for the Abatement of
Buildings shall apply to existing structures and premises; equipment and facilities;
ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of
operators and occupants; and occupancy of existing premises and structures.
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
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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 or 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 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 "Transferability" is added to read as follows: A permit may be transferred
from the original permittee to another person due to a change of ownership or contractor or
death.
Section 109.3 "Building Permit Fees" is deleted and replaced to read as follows: 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 110.3.9.1 "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 or approved by
Butte County.
Each person applying for listing/registration as a special inspector for Butte County shall
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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 he/she may find appropriate.
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Section 111.1 "Use and Occupancy" is amended to read as follows: 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 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,
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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 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 Chapter 1, Division II, of the 2013
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 Chapter 1, Division II, of the 2013 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.
California Building Code: The following sections of the 2013 California Building
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Code, Appendix J, are amended to read as follows:
Appendix J, Section J101.1 "Scope" is amended to read as follows: The provisions of
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this chapter apply to grading, excavation and earthwork construction, including fills and
embankments necessary for the support of foundations that are supporting the structures
constructed by these building codes. A11 other grading on the property that is not associated
a structure and its associated permits is subject to Butte County Code Chapter 13, Article I,
Grading. Where conflicts occur between the technical requirements of this chapter and the
geotechnical report, the geotechnical report shall govern.
Appendix J, Section J101.2 "Flood Hazard Areas" is amended to read as follows: The
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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 specified. All grading in flood hazard areas shall be performed in accordance with
the Butte County Flood Ordinance, Federal Emergency Management Agency (FEMA)
guidelines and any other regulations of the county pertaining to grading operations.
(b) California Electrical Code: The following section of the 2013 California Electrical Codi
is amended to read as follows:
Subsections (b)(5) and (b)(6) are added to Section 89.108.4.1 Permits. of California
Article 89, General Code Provisions, of the 2013 California Electrical Code to read as follows:
(b)(5) No permits shall be required for any building exempted by section 105.2, Chapter
1, Division II, of the 2013 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.
(c) California Mechanical Code: The following section of the 2013 California Mechanical
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Code is amended to read as follows:
Section 111.1 of Chapter I, Division II, Administration, of the 2013 California
Mechanical Code is amended by adding the following paragraph:
No permits shall be required for any building exempted by section 105.2, Chapter 1,
Division II of the 2013 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.
(d) California Plumbing Code: The following section of the 2013 California Plumbing Code
is amended to read as follows:
Section 103.1.1 (3)of Chapter 1, Administration, of the 2013 California Plumbing Code
is amended by adding the following paragraph:
No permits shall be required for any building exempted by section 105.2, Chapter 1,
Division II„ of the 2013 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) The following provision shall apply to permits under the 2013 California Residential Code,
2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing
Code and 2013 California Fire Code:
The rules concerning time limitation of application, expiration, transferability, permit
fees, and use and occupancy shall be as specified in subsection (a) above in the amendments to
Chapter 1, Division II, of the 2013 California Building Code, Sections: 105.3.2, 105.5, 105.8,
109.3, and 111.1, respectively."
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Section 6. Section 26-3.4 of the Butte County Code is amended to read as follows:
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" 26-3.4 Post-Disaster Safety Assessment program.
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(a) Post-Disaster Safety Assessment Placards and Standard for Repair of
Damaged Structures. The Board of Supervisors adopts and incorporates by reference, as
though set forth in full in this section, the Disaster Safety Assessment Placards and Standard for
Repair of Damaged Structures.
(b) Purpose and Intent. This section establishes standard placards to be used to
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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.
(c) 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.
(d) 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.
(e) Placards.
The following are descriptions of the official placards to be used to designate the
condition for continued occupancy of buildings or structures:
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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 Not 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 posts 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
removed, altered or covered until done so by an authorized representative of the
department or upon written notification from the department.
(f) Structural Repairs. Structural repairs shall comply with Chapter 34 of
current adopted California Building Code."
Section 7. Severability.
If any provision of this 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
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provisions or other applications of the Ordinance which can be given effect without the invalid
provision or application thereof.
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
expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with
names of the members of the Board of Supervisors voting for and against it, in the
i 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 12`x' day of November, 2013, by the following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None -~ ,
~CSt~.. lt~v
Bill Connelly, Chair of the
Butte County Board of Supervisors
ATTEST:
Paul Hahn
Chief Administra ve Officer
and Clerk o~ph o~rd ,
By
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