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HomeMy WebLinkAbout4110 1 Ordinance No. 4110 2 3 An Ordinance Adopting Standards for Limited Density 4 Owner-Built Rural Dwellings with Findings 5 The Board of Supervisors of the County of Butte ordains as 6 follows : 7 Section 1 . Article VI is added to Chapter 26, entitled 8 "BUILDINGS, " of the Butte County Code to read as follows : 9 Article VI . Regulations for Limited Density Owner-Built Rural 10 Dwellings 11 Section 26-60 . Authority 12 This Article is adopted in accordance with the provisions of 13 Health and Safety Code Sections 17958, 17958 . 2, 17958 . 5, 14 17958 . 7, and Article 8, Subchapter 1, Chapter 1, Division 1, of 15 Title 25, California Code of Regulations . 16 Section 26-61 . Purpose and Findings 17 a) Purpose. The purpose of this Article is to make Article 8 18 (commencing with Section 74) of Subchapter 1 of Chapter 1 of 19 Division 1 of Title 25 of the California Code of Regulations, as 20 modified herein, operative on Limited Density Owner-Built Rural 21 Dwellings in Butte County (as defined in Section 26-63, 22 "Definitions" herein) , and to provide minimum requirements for 23 the protection of life, limb, health, property, safety, and 24 welfare of the general public and the owners and occupants of 25 such dwellings and/or appurtenant or non-habitable structures. 26 It is also the expressed purpose of this Article to conform the 27 regulations regarding the construction and use of such dwellings 28 and/or appurtenant or non-habitable structures to the 1 1 requirements of Article 1, Section 1 of the California State 2 Constitution, and the statutes of the State of California. 3 It is also the purpose of this Article to support the use 4 of alternative construction design, materials and methods that 5 protect the environment, improve economic viability of 6 sustainable construction, aid affordability of construction 7 improvements, increase participation and consumer protection 8 through promoting lawful construction activity, enhance owner 9 equity in the improvement of property, and provide minimum 10 requirements for the protection of life, limb, health, property, 11 safety, and welfare of the general public and the owners and 12 occupants of Limited Density Owner-Built Rural Dwellings and/or 13 appurtenant or non-habitable structures . 14 b) Findings . It is necessary to modify said Article 8 and to 15 make its provisions, as modified, operative because of the 16 following local conditions: 17 1) The July 2008 Butte Lightening Complex fires resulted in 18 the loss of over 200 dwellings in the Concow/Yankee Hill/Big 19 Bend area of Butte County. The majority of these homes were 20 uninsured or underinsured. A number of other fires in recent 21 history have had an additional cumulative detrimental effect, 22 and replacement of homes and restoration of these communities 23 has placed an unprecedented financial burden upon the 24 populations of these rural areas . These regulations, initially 25 adopted in 2009 and extended in 2012, but which expired December 26 31, 2015 are readopted to facilitate the availability of 27 affordable, owner-built homes which are essential to the 28 continued health and welfare of the residents and these rural 2 1 communities . 2 2) The ability to use owner generated materials, such as 3 lumber milled from harvested timber, creates an affordable 4 option for building materials not available under current Butte 5 County building codes . 6 3) Citizens of the Concow/Yankee-Hill/Big Bend area have 7 expressed a desire to legalize the construction of Limited 8 Density Owner-Built Rural Dwellings in compliance with this 9 Article, and have emphasized the values of affordability, 10 sustainability, self-sufficiency, creativity and character of 11 the rural communities . 12 4 ) A large portion of the Concow/Yankee-Hill/Big Bend area is 13 very remote, and utility services are cost prohibitive and 14 difficult if not impossible to obtain. The lack of readily 15 available public water, sewer or utility power connections would 16 exclude participation in the normal permit process and create an 17 unreasonable burden to the property owner to comply with the 18 prescriptive building and development requirements of the 19 California Building Standards Code (Title 24 of the California 20 Code of Regulations) . 21 Section 26-62 . Intent and Application 22 The provisions of this Article shall apply to the 23 construction, enlargement, conversion, alteration, repair, use, 24 maintenance, and occupancy of Limited Density Owner-Built Rural 25 Dwellings and/or appurtenant or non-habitable structures. It is 26 the intent of this Article that the requirements contained 27 herein shall apply to seasonally or permanently occupied 28 dwellings, detached bedrooms, and guest houses, located in rural 3 1 areas and solely occupied as the principal residence of the 2 owner or the owner' s family. The requirements will also apply to 3 barns, sheds, shops or other structures, not intended for human 4 habitation, to be constructed and used solely by the owner of 5 the property, or by the owner' s family. 6 Section 26-63. Definitions 7 For the purposes of this Article the following definitions shall 8 apply: 9 a) LIMITED DENSITY OWNER-BUILT RURAL DWELLING: Any structure 10 consisting of one or more habitable rooms intended or designed 11 to be occupied by one family with facilities for living and 12 sleeping, with use restricted to rural areas that fulfill the 13 requirements of this Article . 14 b) OWNER-BUILT: Constructed by a general contractor licensed 15 to practice in the State of California for an owner, or 16 constructed by any person or family who acts as the owner 17 builder or general contractor, or the provider of, part or all 18 of the labor necessary to build housing to be occupied as the 19 principal residence of that person or family, and not intended 20 for sale, lease, rent or employee occupancy. 21 c) SALE, LEASE, OR RENT: For the purposes of this Article the 22 sale, lease, renting or employee occupancy of owner-built 23 structures within three (3) years of final inspection, issuance 24 of a final approval to allow occupancy/use, or completion of the 25 structure shall be presumptive evidence that the structure was 26 erected for the purpose of sale, lease, rent, or employee 27 occupancy. The three (3) year period of required owner 28 occupancy may be waived in cases of Unreasonable Hardship. 4 1 d) RURAL: For the purposes of this Article only, "rural" 2 shall mean legal parcels in unincorporated areas of the County 3 that meet each of the following criteria : 4 1 . A minimum parcel size of 1 acre. 5 2 . Located within that portion of the Golden Feather Union 6 Elementary School District shown on the map entitled "Area of 7 Construction for Limited Density Owner-Built Rural Dwellings in 8 Butte County, " which map is dated March 2016 and is attached to 9 this Article as Exhibit A. 10 3 . A parcel created in compliance with the Butte County Code . 11 4 . A parcel of sufficient size and configuration so as to 12 fulfill the sewage disposal system setbacks to all property 13 lines and all other setbacks established by law. 14 e) APPURTENANT STRUCTURES : Structures directly related to the 15 primary residential use, including but not limited to detached 16 bedrooms or hobby rooms used as living space, garages, or pump 17 houses. Non-habitable structures include, but are not limited 18 to, shops, barns, or sheds, including those considered accessory 19 to the zone. 20 f) SUB-STANDARD BUILDING: A structure or portion of a 21 structure in which there exists any condition that endangers the 22 life, health, property, safety or welfare of the public or the 23 occupants thereof. Except as amended by the provisions of this 24 Article, Chapter 10 of the Uniform Housing Code, 1997 Edition, 25 as published by the International Conference of Building 26 Officials, shall be the determining criteria for compliance with 27 the standards of this Article and the defining of a substandard 28 building. 5 1 g) SOUND STRUCTURAL CONDITION: A structure shall be 2 considered to be in "sound structural condition" when it is 3 constructed and maintained in substantial conformance with 4 accepted construction principles, technical codes, or 5 performance criteria which provide: minimum standards for the 6 stressing of structural members; footing sizes when related to 7 major load-bearing points; proper support of load-bearing 8 members; nailing schedules where essential to general structural 9 integrity; and provisions for adequate egress, ventilation, 10 sanitation, and fire safety. Conditions which would not render 11 a structure unsound are: minor deflections or elasticity of 12 structural members; ceiling heights, size or arrangement of 13 rooms; heating, plumbing, and electrification requirements; 14 alternative materials, appliances or facilities, or methods of 15 construction, or building designs that protect health and safety 16 for the application and purpose intended; and any other 17 provisions of this Article regulating the construction, use and 18 occupancy of dwellings and appurtenant structures. 19 (h) UNREASONABLE HARDSHIP: Unreasonable hardship exists when 20 the Building Official finds that compliance with the requirement 21 for a minimum of 3 years of owner occupancy is unfeasible, due 22 to circumstances forcing the sale or rental of the property, 23 including but not limited to the death, divorce, loss of 24 employment or income, or disability of the owner, supported by 25 sufficient information provided by the applicant . 26 Section 26-64 . Regulation of Use 27 (a) Housing permitted pursuant to this Article shall be for 28 occupancy as the principal residence of the owner or the owner' s 6 1 family and not for sale, lease, rent, or employee occupancy. 2 (b) For the purposes of this Article the sale, lease, renting or 3 employee occupancy of owner-built structures within three years 4 of the issuance of a final approval to occupy/use or completion 5 of the structure shall be presumptive evidence that the 6 structure was erected for the purpose of sale, lease, renting, 7 or employee housing. 8 (c) A second dwelling using a Limited Density Owner-Built Rural 9 Dwelling permit shall be allowed for a family member using the 10 same criteria as the primary dwelling. After/or during original 11 construction, additions may be permitted to be made to such a 12 dwelling, and non-habitable structures, whether appurtenant 13 thereto or otherwise, may be permitted after approval by the 14 Building Division. 15 (d) The restrictions of this Article on the sale, lease, 16 renting, or employee occupancy of these dwellings may be 17 reasonably amended to be more restrictive if the governing body 18 determines that such an amendment is necessary to ensure 19 compliance with the intent of this Article. 20 Section 26-65 . Abatement of Substandard Buildings 21 All structures or portions thereof which are determined by the 22 Building Official to constitute a substandard building shall be 23 declared to be a public nuisance and shall be abated by repair, 24 rehabilitation, or removal of the structure in accordance with 25 the Code Enforcement and Nuisance Abatement Procedures found in 26 Chapters 41 and 32A of the Butte County Code . In cases of 27 extreme hardship to owner-occupants of the dwellings, the 28 Building Official should provide for deferral of the effective 7 1 date of orders of abatement . 2 Section 26-66. Petition for Interpretation 3 Any Limited Density Owner-Built Rural Dwelling permit applicant 4 or owner may petition the Building Official for an 5 interpretation of any provision of this Article. Petitions shall 6 be submitted in writing, after which the Building Official may 7 consider such requests and may make a determination as to the 8 meaning or intent of any provision of this Article with respect 9 to the petition in question. The consideration of petitions for 10 interpretation shall be based upon the current adopted 11 California Building Codes including those provided under Title 12 25 of the California Code of Regulations, and shall be 13 discretionary with the Building Official . 14 Section 26-67 . Interpretation 15 Interpretations by the Building Official as to the meaning, 16 intent, or application of the provisions of this Article are not 17 intended to preempt the exercising of building or housing 18 appeals processes, as provided in Chapter 26 of the Butte County 19 Code, but are intended to facilitate public understanding and 20 the effective enforcement of this Article . 21 Section 26-68 . Notice of Interpretation 22 The Department of Development Services shall keep a record of 23 all interpretations made by the Building Official which shall be 24 available for review by the public or any governmental agency 25 and shall provide notice to the petitioner (s) of the Building 26 Official ' s findings . 27 Section 26-69. Recording 28 No provision of this Article is intended to prohibit or limit 8 1 the County from establishing and enforcing reasonable 2 regulations for the recording of information regarding the 3 materials, methods of construction, alternative facilities, or 4 other factors that may be of value in the full disclosure of the 5 nature of the dwelling and/or appurtenant or non-habitable 6 structures . A deed restriction disclosing the nature of the 7 dwellings, appurtenant and/or non-habitable structures shall be 8 recorded. 9 The Department of Development Services shall record a "Notice of 10 Limited Allowed Use" as delineated in Butte County Code, section 11 26-3 . 3. This notice shall disclose: 12 1 . The nature of the dwelling, appurtenant and/or non- 13 habitable structures, and that the structure/s have been 14 permitted under Article VI, entitled "Regulations for Limited 15 Density Owner-Built Rural Dwellings, " of Chapter 26, entitled 16 "Buildings, " of the Butte County Code, adopted under the 17 authorization of Health and Safety Code section 17958 . 2, and not 18 under Title 24, California Code of Regulations . 19 2 . That occupancy and/or use is limited to the owner and 20 owner' s family. 21 Section 26-70 . Violations 22 The critical concern in the promulgation of this Article is to 23 provide for health and safety while maintaining respect for the 24 law and voluntary compliance with the provisions of this 25 Article, and therefore, in the event that an order to correct a 26 substandard condition is ignored, it is the intent of this 27 section that the abatement procedures outlined in Butte County 28 Code Chapter 32A, entitled "Property Maintenance and Abatement 9 1 of Nuisances, " should be the first remedy pursued by the 2 Building Official . 3 Section 26-71 . Permits 4 Permits shall be required for the construction of Limited 5 Density Owner-Built Rural Dwellings and/or appurtenant or non- 6 habitable structures . The application, plans, and other data 7 filed by an applicant for such a permit shall be reviewed by the 8 Department of Development Services, Building Division, to verify 9 compliance with the provisions of this Article . When the 10 Building Official determines that the permit application and 11 other data indicate that the structure (s) will comply with the 12 provisions of this Article, the agency shall issue a permit 13 therefor to the applicant . 14 Section 26-72 . Exemptions 15 Permits shall not be required pursuant to Section 26-71 for 16 small or unimportant work, or alterations or repairs that do not 17 present a health or safety hazard, and which are in conformance 18 with local zoning requirements or property standards . The 19 determination, if any, of what work is properly classified as 20 small or unimportant or without relation to health and safety 21 hazards is to be made by the Building Official. 22 Section 26-73. Existing Buildings 23 1. A building permit shall be obtained pursuant to the 24 provisions of this Article for a Limited Density Owner-Built 25 Rural Dwelling that was constructed or was partially 26 constructed, without a building permit . 27 2 . The applicant must be the owner of the dwelling or 28 structure at the time of application and issuance of the permit . 10 1 3 . The dwelling or structure shall meet all standards required 2 by this Article. 3 4 . An inspection of the dwelling shall be made by the Butte 4 County Building Division to determine that the requirements of 5 this Article have been substantially met to the extent that no 6 abnormal risk to health or safety will result from occupancy of 7 the structure. 8 Section 26-74 . Application 9 To obtain a permit, the applicant shall first file an 10 application therefor with the Building Division. Permit 11 applications shall contain the following information: 12 (1) name and mailing address of the applicant; 13 (2) address and location of the proposed structure (s) ; 14 (3) a general description of the structure (s) which shall 15 include mechanical installations with all clearances and venting 16 procedures detailed, electrical installations, foundation, 17 structural, and construction details; 18 (4) a site plan indicating the location of the dwelling in 19 relation to property lines, other structures, sanitation and 20 bathing facilities, water resources, and water ways, slope of 21 site, major land features, and all required items on the Butte 22 County Building Division "Site Plan Requirements" handout; 23 (5) approval for the installation of a private sewage disposal 24 system or alternate waste disposal means from the Butte County 25 Public Health Department, Environmental Health Division; 26 ( 6) a stipulation by the applicant that the building or 27 structure is to be owner-built; 28 (7) the signature of the owner, contractor, or authorized agent; 11 1 (8) the use or occupancy for which the work is intended; and 2 (9) any other data or information as may be required by statute 3 or Butte County regulation. 4 Section 26-75. Plans 5 Plans shall consist of a general description of the 6 structure (s) , including all necessary information to facilitate 7 a reasonable judgment of conformance by the Building Division. 8 This shall include a diagram of the floor plan and site 9 elevation in order to determine the appropriate dimensions of 10 structural members. Architectural drawings and structural 11 analyses shall not be required except for structures of complex 12 design or unusual conditions for which the Building Division 13 cannot make a reasonable judgment of conformance to this Article 14 based upon the general description and simplified plan (s) . 15 Section 26-76. Waiver of Plans 16 The Building Official may waive the submission of any plans if 17 he or she finds that the nature of the work applied for is such 18 that the reviewing of plans is not necessary to obtain 19 compliance with this Article . 20 Section 26-77 . Modifications 21 Modifications to the design, materials, and methods of 22 construction are permitted, provided that the structural 23 integrity of the building or structure is maintained, the 24 building continues to conform to the provisions of this Article, 25 and the Building Official is notified in writing of the intended 26 modification. 27 Section 26-78 . Permit Validity 28 Permits shall be valid, for a minimum period of three (3) years, 12 1 unless renewed as specified in Butte County Code section 26- 2 3 . 1 (a) . 3 Section 26-79. Inspections 4 All construction or work for which a permit is required pursuant 5 to this Article shall be subject to inspection by the Building 6 Official . Required inspections shall consist of a foundation 7 inspection prior to placement of concrete, a concrete slab or 8 under-floor inspection, a rough framing, plumbing, electrical, 9 and mechanical inspection prior to covering of walls, and a 10 final inspection. The final inspection shall be conducted after 11 the structure (s) is completed and ready for occupancy, in order 12 to determine compliance with the provisions of this Article . 13 Other inspections may be required by the Butte County Fire 14 Department, or the Butte County Public Health Department, 15 Environmental Health Division. Structures of conventional or 16 simple construction shall be inspected at a single inspection if 17 possible because all components to be inspected are 18 simultaneously ready for inspection. 19 Section 26-80 . Special Inspections 20 Additional inspections may be conducted under the following 21 circumstances : An inspection shall be conducted where there is a 22 reasonable expectation that the footing will be subjected to 23 serious vertical or lateral movement due to unstable soil 24 conditions; or the application indicates that interior wall 25 coverings or construction elements will conceal underlying 26 construction, electrical or mechanical systems; or where an 27 unconventional construction method is indicated which would 28 preclude examination at a single inspection. 13 1 Section 26-81 . Inspection Waivers 2 Inspections may be waived by the Building Official for 3 structures which do not contain electrical or mechanical 4 installations or for alterations, additions, modifications, or 5 repairs that do not involve electrical or mechanical 6 installations . 7 Section 26-82 . Inspection Requests and Notice 8 It shall be the duty of the applicant to notify the Building 9 Official that the construction is ready for inspection and to 10 cause the work to remain accessible and exposed for inspection 11 purposes, and to provide access to the premises . Inspections 12 shall be requested by the applicant at least forty-eight (48) 13 hours in advance of the intended inspection. It shall be the 14 duty of the enforcement agency to notify or inform the applicant 15 of the day during which the inspection is to be conducted. 16 Section 26-83 . Final Approval of Occupancy/Use 17 After the structure (s) is completed for occupancy/use and any 18 inspections which have been required by the Building Division 19 have been conducted, and work approved, the Building Official 20 shall issue a final approval to allow occupancy/use of such 21 dwelling (s) and appurtenant and/or non-habitable structure (s) 22 which comply with the provisions of this Article . 23 Section 26-84 . Temporary Occupancy 24 The use and occupancy of a portion or portions of a dwelling or 25 appurtenant and/or non-habitable structure prior to the 26 completion of the entire structure pursuant to this Article 27 shall be allowed, provided that approved sanitary facilities are 28 available at the site and that the work completed does not 14 1 create any condition that endangers life, health or safety of 2 the public or occupants . The occupants of any such uncompleted 3 structure shall assume sole responsibility for the occupancy of 4 the structure or portion thereof. 5 Section 26-85 . Fees 6 Fees shall be required and collected by the Building Division to 7 provide for the cost of administering the provisions of this 8 Article, and shall be as set forth in Section 3-41 of this Code 9 and in the most currently adopted Butte County Master Fee 10 Schedule. It is the intent of this Article that permit and 11 inspection fee schedules be established to reflect the actual 12 inspection and administrative costs resulting from the 13 application of this Article. 14 Section 26-86. General Requirements 15 (a) Each structure shall be maintained in a sound structural 16 condition to be safe, sanitary, and to shelter the occupants 17 from the elements . 18 (b) Generators shall be enclosed in a sound reduction enclosure 19 approved by the Building Official to eliminate or greatly reduce 20 noise . This structure shall consist of a fully enclosed masonry 21 or wood frame structure with a minimum of 2" x 4" insulated wall 22 and roof framing, with walls, ceiling, and roof covered in the 23 manner required by the most recently adopted technical codes on 24 both inside and outside surfaces . This structure shall reduce 25 generator noise to a maximum of 55 decibels 20 feet from the 26 structure . 27 Section 26-87 . Intent of General Requirements 28 It shall be the purpose and intent of this Article : to allow the 15 1 use of ingenuity and preferences of the builder; to allow and 2 facilitate the use of alternatives to the specifications 3 prescribed by the latest adopted version of the technical codes 4 to the extent that a reasonable degree of health and safety is 5 provided by such alternatives; and to assure that the materials, 6 methods of construction, and structural integrity of the 7 structure shall perform in application for the purpose intended. 8 To provide for the application of this Article, it shall be 9 necessary for the Building Official to exercise reasonable 10 judgment in determining the compliance of appropriate structures 11 with the general and specific requirements of this Article. 12 Section 26-88. Technical Codes to Be a Basis of Approval 13 Except as otherwise required by this Article, dwellings and 14 appurtenant and/or non-habitable structures constructed pursuant 15 to this Article need not conform with the construction 16 requirements prescribed by the latest adopted editions of the 17 California Building, Plumbing, Mechanical, and Electrical 18 Codes, or other applicable technical codes; however, it is not 19 the intent of this section to disregard nationally accepted 20 technical and scientific principles relating to design, 21 materials, methods of construction, and structural requirements 22 for the erection and construction of dwelling and appurtenant 23 and/or non-habitable structures as are contained in the 24 technical codes . Such codes shall be a basis for approval . 25 Section 26-89. Fire Safety Regulations 26 A Limited Density Owner-Built Rural Dwelling permit application 27 shall be reviewed by Cal Fire Butte County for compliance with 28 Public Resources Code sections 4290 and 4291, and Butte County 16 1 Code. 2 All Limited Density Owner-Built Rural Dwellings shall comply 3 with the "Materials and Construction Methods for Exterior 4 Wildfire Exposure" requirements found in the 2013 California 5 Residential Code, Section R327, or in the latest adopted version 6 of the California Residential Code, Chapter 7A. Fire sprinklers 7 shall be installed within all residential structures greater 8 than one thousand two hundred fifty (1, 250) square feet 9 (Manufactured Homes are exempt from this requirement) . 10 Residential fire sprinklers shall be connected to, and installed 11 in accordance with, an automatic residential fire sprinkler 12 system that complies with Section R313 of the 2013 California 13 Residential Code or with NFPA 13D or current adopted Residential 14 Code. 15 Section 26-90 . Construction Requirements 16 1 . STRUCTURAL REQUIREMENTS . Buildings or structures 17 constructed pursuant to this Article may be of any type of 18 construction which will provide for a sound structural 19 condition. Structural hazards which result in an unsound 20 condition, and which may constitute a substandard building, are 21 defined by the 1997 Uniform Housing Code, section 1001 . 3 . 22 2 . FOUNDATIONS . Pier foundations, stone masonry footings and 23 foundations, pressure treated lumber, poles, or equivalent 24 foundation materials or designs may be used provided that the 25 bearing and lateral stability is sufficient for the purpose 26 intended. 27 3 . MATERIALS . Owner-produced or used materials and appliances 28 may be utilized unless found not to be of sufficient strength or 17 1 durability to perform the intended function; owner-produced or 2 used lumber may be utilized unless found to contain dry rot, 3 excessive splitting, or other defects obviously rendering the 4 material unfit in strength or durability for the intended 5 purpose. 6 4 . HEATING CAPACITY. A heating facility or appliance shall be 7 installed in each dwelling subject to the provisions of this 8 Article; however, there shall be no specified requirement for 9 heating capacity or temperature maintenance. The use of a solid 10 fuel or solar heating device shall be deemed as complying with 11 the requirements of this section. If a non-renewable fuel is 12 used in these dwellings, rooms so heated shall meet current 13 insulation standards . 14 5 . ROOM REQUIREMENTS. There shall be no requirements for room 15 dimensions provided that there is adequate light and ventilation 16 and adequate means of egress . 17 Section 26-91 . Sanitation Requirements 18 Sanitation facilities, including the type, design, and number of 19 facilities, shall be shown on plans submitted for the building 20 permit . 21 No dwelling shall discharge wastewater from sanitary facilities 22 other than to a wastewater system that is designed, constructed, 23 operated, and maintained in accordance with the requirements of 24 the Public Health Department, Division of Environmental Health. 25 The Environmental Health Division may approve alternative 26 sanitary facilities, provided the Division has first developed 27 requirements for the design, construction, operation, 28 maintenance, and permitting of said facilities that have been 18 1 approved by the Board of Supervisors . 2 No dwelling shall utilize a bathtub or shower and a washbasin, 3 or alternate bathing and washing facility unless it has been 4 approved by the Environmental Health Division and Building 5 Official. 6 Section 26-92 . Mechanical Requirements 7 Fireplaces, heating and cooking appliances, and gas piping 8 installed in buildings constructed pursuant to this Article 9 shall be installed and vented in accordance with the applicable 10 requirements contained in the most currently adopted version of 11 the California Mechanical Code, Part 4, Title 24, California 12 Code of Regulations . 13 Section 26-93. Electrical Requirements 14 No dwelling or appurtenant and/or non-habitable structure 15 constructed pursuant to this Article shall be required to be 16 connected to a source of electrical power, or wired, or 17 otherwise fitted for electrification, except as set forth in 18 section 26-94 . 19 Section 26-94 . Electrical Installation Requirements 20 Where electrical wiring or appliances are installed, the 21 installation shall be in accordance with the applicable 22 requirements contained in the most recently adopted version of 23 the California Electrical Code, Part 3, Title 24, California 24 Code of Regulations . 25 Section 26-95 . Exceptions to Electrical Installation 26 Requirements 27 In structures where electrical usage is confined to one or more 28 rooms of a structure, the remainder of the structure shall not 19 1 be required to be wired or otherwise fitted for electrification 2 unless the Building Official determines the electrical demands 3 are expected to exceed the confinement and capacity of that 4 room (s) . In these instances, the Building Official may require 5 further electrification of the structure . It is the intent of 6 this section to apply to buildings in which there exists a 7 workshop, kitchen, or other single room which may require 8 electrification, and where there is no expectation of further 9 electrical demand. The Building Official shall, at the time of a 10 permit application or other appropriate point, advise the 11 applicant of the potential hazards of violating this section. 12 Section 26-96. Plumbing Requirements 13 Plumbing equipment and installation shall be in accordance with 14 the applicable requirements contained in the most recently 15 adopted version of the California Plumbing Code, Part 5, Title 16 24, California Code of Regulations . 17 Section 2 . Severability. If any provision of this Ordinance or 18 the application thereof to any person or circumstances is for 19 any reason held to be invalid by a court of competent 20 jurisdiction, such provision shall be deemed severable, and the 21 invalidity thereof shall not affect the remaining provisions or 22 other applications of the Ordinance which can be given effect 23 without the invalid provision or application thereof. 24 Section 3 . Effective Date and Publication. Prior to the 25 effective date, the Building official shall file a copy of this 26 ordinance with the Department of Housing and Community 27 Development complete with the local findings for each local 28 change or modification to the alternative regulations contained 20 1 within State Housing Law or California Building Standards Law 2 ' pertaining to Limited Density Owner-Built Rural Dwellings . This 3 HOrdinance shall take effect thirty (30) days after the date of 4 its passage . The Clerk of the Board of Supervisors is authorized 5 and directed to publish a summary of this ordinance before the 6 expiration of fifteen (15) days after its passage . This 7 ordinance shall be published once, with the names of the members 8 of the Board of Supervisors voting for and against it, in the 9 Chico Enterprise Record a newspaper of general circulation 10 published in the County of Butte, State of California. 11 PASSED i ADOPTED by the Board of Supervisors of the County of 12 Butte, State of California, on the 12th day of April, 2016 by 13 the following vote: I I 14 AYES : Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly 15 NOES : None 16 ABSENT: None 17 NOT VOTING: None 18 19 19 Bill Connelly, Cair 20 Butte County Board of Supervisors 21 ATTEST: Paul Hahn 22 Chief Administrative Officer and Clerk of, tJ:7?e Board 23 / 24 By 4e uty 26 27 28 21 EXHIBITA MARCH 2016 Limited Density Owner Built Rural Dwellings Lakes I Parcels Within LDOBRD Boundaries ................................. 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