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Ordinance No. 4172
AN ORDINANCE AMENDING BUTTE COUNTY CODE CHAPTER 26, ENTITLED
"BUILDINGS," TO ADOPT THE 112019 CALIFORNIA BUILDING STANDARDS CODE"
The Board of Supervisors of the County of Butte ordains as
Ifollows:
ISection 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 2019
edition of the 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 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, 2020, 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
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standard of safety and interpretation of such standard.
Section 2. Section 26-1 of the Butte County Code is amended to read
as follows:
1126-1 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.
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 2019 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, J, K and 0.
Part 2.5 California Residential Code including Appendix
Chapters H, J, K, Q, R, S,
V and X.
Part 3 California Electrical Code including the
Informative Annex Chapters A, B, C, D, F, G and I.
Part 4 California Mechanical Code including Appendix
Chapters B and C
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Part 5 California Plumbing Code including Appendix
Chapters A, B, D, G, I and J.
Part 6 California Energy Code including the Appendix
Chapters.
Part 8 California Historical Code including the
Appendix Chapter.
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.
Part 11 California Green Building Standards Code.
Part 12 California Referenced Standards Code.
1997 Uniform Housing Code, Chapter 10.
1997 Uniform Code for the Abatement of Dangerous Buildings.
The 2019 California Building Standards Code parts and
appendices listed above are hereby declared to be the building code
for 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:
1126-2 Definitions.
The 2019 California Building Standards Code as adopted by
Section 26-1 is amended to read as follows:
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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."
Mobile/manufactured home: A housing structure transportable in
one (1) or more sections, designed and equipped to be used with or
without a foundation system, certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. section 5401 et seq.). The County shall not grant a permit
for the installation of a mobile/manufactured home if such
mobile/manufactured home is older than ten (10) years of age. The age
measurement period shall be from the year of manufacture of the home
to the year of the permit application. Mobile/manufactured home does
not include recreational vehicle, park trailer, or commercial modular
as defined in Division 13, Part 2, Chapter 1, of the Health and Safety
Code.
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Section 4. Section 26-3 of the Butte County Code is amended to read!
as follows:
1126-3 Board of Appeals.
The 2019 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 2019 California
Building Code; Chapter 1, Division II, Section R112 of the 2019
California Residential Code; Chapter 1, Division II, Section 107.0
of the 2019 California Mechanical Code; Section 89.108.8 of
California Article 89, General Code Provisions, of the 2019
California Electrical Code; and Division II, Section 107.0 of the
2019 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 amended to
read as follows:
"26-3.1 Amendments, additions and deletions.
The 2019 California Building Standards Code as adopted by
Section 26-1 is amended to read as follows:
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(a) California Building Code: The following sections of the 2019
California Building Code, Chapter 1, Division II, are amended to read
las follows:
Section 101.4.4 "Property Maintenance" is amended to read ash
follows: The provisions of the 1997 Uniform Housing Code and 1997'
Uniform Code for the Abatement of Dangerous Buildings shall apply to
existing structures and premises; equipment and facilities; light,
ventilation, space heating, sanitation, life and fire safety hazards;
responsibilities of owners, 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 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
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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 111.1 "Change of 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, Division 3, and
Group U Occupancies.
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Section 111.2 "Certificate issued" is amended to read as
follows: Except for Group R, Division 3, and Group U Occupancies,
after the building official inspects the building or structure and
does not find violations of the provisions of this code or other
laws that are enforced by the County, the building official shall
issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. A description of the portion of the structure for which the
certificate is issued.
4. A statement that the described portion of the structure has
been inspected for compliance with the requirements of this
code for the occupancy and division of occupancy and the use
for which the proposed occupancy is classified.
5. The name of the building official.
6. The edition of the code under which the permit was issued.
7. The use and occupancy, in accordance with the provisions of
Chapter 3.
8. The type of construction as defined in Chapter 6.
9. The design occupant load.
10. If an automatic sprinkler system is provided, whether the
sprinkler system is required.
11. Any special stipulations and conditions of the building
permit.
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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 2016
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 2016 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 2019
California Building Code, Appendix J, are amended to read as
follows:
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Appendix J, Section J101.1 "Scope" is amended to read as
follows: The provisions of this chapter apply to grading,
excavation and earthwork construction, including fills and
lembankments necessary for the support of foundations that are
supporting the structures constructed by these building codes. All
other grading on the property that is not associated with 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 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 Residential Code: The following sections of the 2019
California Residential Code, Appendix J, are amended to read as
follows:
Appendix J, Section AJ102.4.1 "Energy efficiency" is amended
to read as follows: Replacement windows shall comply with the
provisions of the California Energy Code.
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Appendix J, Section AJ301.1.2 "Plumbing materials and
supplies" is amended to read as follows: Plumbing materials,
supplies, and installations shall be in accordance with the
provisions of the California Plumbing Code.
Appendix J, Section AJ301.2 "Water closets" is amended to read
as follows: Where any water closet is replaced with a newly
manufactured water closet, the replacement water closet shall
comply with the requirements of the California Green Building Code.
Appendix J, Section AJ301.3 "Electrical" is amended to read as
follows: Repair or replacement of existing electrical wiring or
equipment shall comply with the provisions of the California
Electrical Code.
Appendix J, Section AJ501.5 "Electrical equipment and wiring"
including sections AJ501.5.1 through AJ501.5.3.5 is amended to read
as follows: Newly installed, altered or replaced electrical
equipment and wiring shall comply with the provisions of the
California Electrical Code and the California Energy Code
Appendix J, Section AJ501.9 "Mechanical installations and
alterations" is added to read as follows: Newly installed, altered
or replaced mechanical equipment shall comply with the provisions
of the California Mechanical Code and the California Energy Code.
California Residential Code: The 2019 California Residential
Code, Appendix V is amended to read as follows:
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Appendix V, Section AV100.2(a), "Construction permit; safety
features required" is amended to read as follows: Except as
provided in Section AV100.5, when a building permit is issued for
the construction of a new swimming pool or spa or the remodeling of
an existing swimming pool or spa at a private single-family home,
the respective swimming pool or spa shall be equipped with at least
two of the following seven drowning prevention safety features,
provided that one of the two required safety features shall consist
of an enclosure or safety cover as described in items 1, 2, and 3
below:
1. An enclosure that meets the requirements of Section AV100.3
and isolates the swimming pool or spa from the private single
family home.
2. Removable mesh fencing that meets American Society for Testing
and Materials (ASTM) Specifications F2286 standards in
conjunction with a gate that is self-closing and self -latching
and can accommodate a key lockable device.
3. An approved safety pool cover, as defined in Section AV100.1.
4. Exit alarms on the private single-family home's doors that
provide direct access to the swimming pool or spa. The exit
alarm may cause either an alarm noise or a verbal warning,
such as a repeating notification that "the door to the pool is
open."
5. A self-closing, self -latching device with a release mechanism
placed no lower than 54 inches above the floor on the private
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single-family home's door providing direct access to the
swimming pool or spa.
6. An alarm that, when placed in a swimming pool or spa will
sound upon detection of accidental or unauthorized entrance
into the water. The alarm shall meet and be independently
certified to the ASTM Standard F2208 "Standard Safety
Specification for Residential Pool Alarms," which includes
surface motion, pressure, sonar, laser and infrared type
alarms. A swimming protection alarm feature designed for
individual use, including an alarm attached to a child that
sounds when the child exceeds a certain distance or becomes
submerged in water, is not a qualifying drowning prevention
safety feature.
7. Other means of protection, if the degree of protection
afforded is equal to or greater than that afforded by any of
the features set forth above and has been independently
verified by an approved testing laboratory as meeting
standards for those features established by the ASTM or the
American Society of Mechanical Engineers (ASME).
(c) California Electrical Code: The following subsection of the
2019 California Electrical Code is added to read as follows:
Subsection (b)(5) is added to Section 89.108.4.1 Permits. of
California Article 89, General Code Provisions, of the 2019
California Electrical Code to read as follows:
(b)(5) No permits shall be required for the installation,
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]alteration or repair of agricultural water pumps used solely for
agricultural purposes.
(d) California Mechanical Code: The following subsection of the
12019 California Mechanical Code is added to read as follows:
Subsection 104.2 (6) of Chapter 1, Division II,
Administration, of the 2019 California Mechanical Code is added to
read as follows:
(6) 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 subsection of the 2019
California Plumbing Code is added to read as follows:
Subsection 104.2 (3) of Chapter 1, Division II,
Administration, of the 2019 California Plumbing Code is added to
read as follows:
(3) No permits shall be required for the installation,
alteration or repair of agricultural water pumps used solely for
agricultural purposes.
(f) The following provision shall apply to permits under the 2019
California Residential Code, 2019 California Electrical Code, 2019
California Mechanical Code, 2019 California Plumbing Code and 2019
California Fire Code:
The rules concerning time limitation of application,
expiration, transferability, and occupancy shall be as specified in
subsection (a) above in the amendments to Chapter 1, Division II,
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of the 2019 California Building Code, Sections: 105.3.2, 105.5,
105.8, 111.1 and 111.2, respectively."
Section 6. 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 provisions or other applications of the Ordinance which
can be given effect without the invalid provision or application
thereof.
Section 7. 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 the names of the members of the Board
of Supervisors voting for and against it, in a newspaper of general
circulation published in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 5th day of November, 2019, by the
following vote:
AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and
Chair Lambert
NOES: None
ABSENT: None
ATTEST:
Shari McCracken, Chief Administrative Officer
and Clerk of the Board
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