§ 9.50

This chapter 9.50 of the Tracy Municipal Code may be referred to as the "City Existing Building Code," and is adopted pursuant to Government Code section 50022.2. For purpose of clarity, the term "Code," when used alone, shall refer to the Tracy Municipal Code.

(Ord. No. 1157, § 14, 4-5-2011; Ord. No. 1192, § 18, 1-21-2014; Ord. No. 1274, § 21, 11-19-2019; Ord. No. 1335, § 22, 12-6-2022)

The purpose of this chapter is to provide flexibility to permit the use of alternative approaches to achieve public health, safety and welfare insofar as they are affected by the repair, alteration, change of occupancy, subject to the criteria provided in the California Existing Building Code.

(Ord. No. 1157, § 14, 4-5-2011; Ord. No. 1192, § 18, 1-21-2014; Ord. No. 1228, § 19, 1-17-2017; Ord. No. 1274, § 21, 11-19-2019; Ord. No. 1335, § 22, 12-6-2022)

9.50.030 - Adoption by reference of the California Existing Building Code.

The City hereby adopts by reference the code entitled "2022 California Existing Building Code", without appendices, copyrighted by the International Code Council and the California Building Standards Commission (hereinafter "California Existing Building Code"), as amended by this chapter. The California Existing Building Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.

(Ord. No. 1157, § 14, 4-5-2011; Ord. No. 1192, § 19, 1-21-2014; Ord. No. 1228, § 19, 1-17-2017; Ord. No. 1274, § 22, 11-19-2019; Ord. No. 1335, § 23, 12-6-2022)

California Existing Building Code section 113.4, Violation penalties, is amended by adding the following text to the end of the section:

Violations of this chapter shall be enforced by the City in accordance with Tracy Municipal Code section 9.02.040.

(Ord. No. 1157, § 14, 4-5-2011; Ord. No. 1192, § 18, 1-21-2014; Ord. No. 1228, § 19, 1-17-2017; Ord. No. 1274, § 21, 11-19-2019; Ord. No. 1335, § 22, 12-6-2022)

The City of Tracy hereby makes the following local amendments to the Existing Building Code.

CHAPTER 1

Section 105.3.2 is amended to read as follows:

Section 105.3.2, Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. However, at the discretion of the building official, an application shall not be extended more than two times if this code or any other pertinent code, law or ordinance has been adopted subsequent to the date of application. A new application shall be submitted and corresponding fees shall be paid when an application has expired.

Section 105.5 is amended to read as follows:

Section 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. However, at the discretion of the building official, a permit shall not be extended more than two times if this code or any other pertinent code, law or ordinance has been adopted subsequent to the date of application. A new permit shall be obtained and corresponding fees shall be paid when a permit has expired.

(Ord. No. 1274, § 22, 11-19-2019; Ord. No. 1335, § 22, 12-6-2022)

Editor's note— Ord. No. 1274, § 22, adopted Nov. 19, 2019, amended § 9.50.050 in its entirety to read as herein set out. Former § 9.50.050, pertained to time limitation of application and permit expiration, and derived from Ord. No. 1228, § 20, 1-17-2017.