Article II — Building Regulations

This article shall be known and may be referred to in all proceedings as the "City of Alturas Building Code."

(Ord. No. 474, § 3.)

(a)

Purpose. The purpose of this article is to enact regulations relating to buildings and structures as required by the State Building Standards and State Housing Laws and to provide for their enforcement by the building official. The applicable provisions of this article shall apply to all sections contained in this chapter.

(b)

Territorial applicability. The provisions of this chapter shall apply to all the incorporated territory of the city.

(c)

Local amendments. Pursuant to Health and Safety Code section 17958.5, local amendments due to local topo-geographical, geographical and/or climatic conditions may be made based on reasonable necessity.

(Ord. No. 474, § 3.)

The city of Alturas is located in Modoc County. Modoc County is a high desert region and experiences hot dry summers and cold relatively dry winters. Due to Modoc County's high elevation, mountain and valley topography, extreme temperature variations certain modifications are necessary for implementation of this article. These modifications shall be known as Exhibit C, Local Amendments, parts I, II, and III attached to the ordinance codified in this chapter. These modifications shall be adopted pursuant to this section, and section 5-23, and remain concurrent with any subsequent editions of the adopted Model Codes.

(Ord. No. 474, § 3.)

(a)

The Model Codes of the International Code Council, and noted appendices, with any state and local amendments as allowed by section 5-22 for local topo-geographical, geographical and/or climatic constraints and all subsequent editions thereof, are hereby adopted by this reference with the same force and effect as if fully set forth in this subsection.

(1)

Adoption of the California Building Code of the International Code Council. The California Building Code, 2007 Edition, Volumes 1 and 2, Appendix Chapter 1, Appendices C and I, and Appendix J which shall only apply when there is a structure or building associated with a grading project for which a building permit is required; and all subsequent editions thereof.

(2)

Adoption of the California Plumbing Code of the International Association of Plumbing and Mechanical Officials. The California Plumbing Code, 2007 Edition, and all appendices thereto, and all subsequent editions thereof.

(3)

Adoption of the California Mechanical Code of the International Association of Plumbing and Mechanical Officials. The California Mechanical Code, 2007 Edition, and all appendices thereto and all subsequent editions thereof.

(4)

Adoption of the International Property Maintenance Code of the International Code Council. The International Property Maintenance Code, 2006 Edition, and all subsequent editions thereof.

(5)

Adoption of the National Electrical Code, of the National Fire Protection Association. The California Electrical Code, 2007 Edition, and references to the 2005 National Electrical Code and appendices thereto, and all subsequent editions thereof.

(6)

Adoption of the California Administrative Code Provisions for the California Building Code of the International Code Council. The California Administrative Code, 2007 Edition, and state adopted appendices thereto, and all subsequent editions thereof.

(7)

Adoption of the California Fire Code of the International Code Council. The California Fire Code, 2007 Edition, Volume 1, and state adopted appendices thereto, and all subsequent editions thereof.

(8)

Adoption of the California Energy Code of the International Code Council. The California Energy Code, 2007 Edition, and state adopted appendices thereto, and all subsequent editions thereof.

(9)

Adoption of the California Historical Code, 2007 Edition, and all subsequent editions thereof.

(10)

Adoption of the California Existing Building Code, 2007 Edition, and all subsequent editions thereof.

(11)

Adoption of the California Elevator Code, 2007 Edition, and all subsequent editions thereof.

(12)

Adoption of the 2008 California Green Building Standards Code, and all subsequent editions thereof.

(b)

Effective dates of enforcement shall be one hundred eighty days after formal adoption by the state of California of the Model Codes with state amendments.

(Ord. No. 474, § 3.)

(Ord. No. 486, § 1, 12-14-2010)

As used in this chapter:

(a)

Building. Shall be used in this chapter to be any new or existing roofed and walled structure used or intended for supporting or sheltering any use or occupancy, (may be a residence or commercial structure).

(b)

Structure. Shall be used in this chapter to be any new or existing construction detached from a residence or commercial property (roofed or walled) that should not be used for human habitation.

(c)

New construction. Means any work beyond the stage of excavation. New construction does not include: (1) land preparation, such as clearing, grading and filling, except as specified in section 5-23, (2) excavations for footings, piers, or foundation or the erection of temporary forms, (3) the installation of landscaping, patios, walkways, or any of the work exempt from permit under Appendix J, Excavation and Grading, section J103.2. This part does not authorize any person(s) to perform grading on private or public properties without first obtaining approval from other local, state, or federal agencies as may be required.

(Ord. No. 474, § 3.)

(a)

Administration. The implementation of this article shall be enforced as specified in article I under the provisions set forth in section 5-21 and the provisions of the Model Codes adopted pursuant to section 5- 23, except as amended by section 5-22, as noted in Exhibit C, Parts I, II, and III attached to the ordinance codified in this chapter; and incorporating those policies and guidelines as adopted pursuant to Exhibit D attached to the ordinance codified in this chapter. Exhibit D, article V attached to the ordinance codified in this chapter may be amended as necessary to remain current with those state laws as affected from time to time due to the passage of legislation.

(b)

Enforcement. This article shall be enforced by the building department, except as specified in subsection (b)(1) of this section. The director of public works is the building official for the city of Alturas. The building official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.

(1)

Appendix Chapter K, of the California Plumbing Code, 2007 Edition, shall be enforced by the Modoc County Environmental Health Department.

(c)

Policies and guidelines. The department of public works shall develop policies and guidelines for the implementation of the regulations contained in this article. These policies and guidelines shall be used to implement this article and shall not be construed to restrict or inhibit the issuance, or implementation, of permits. This policy shall be referred to as Exhibit D attached to the ordinance codified in this chapter. The provisions contained in these articles are a part of this article and shall have the same force and effect as other provisions contained in this article.

(d)

Permanent utility connections. It shall be unlawful for any person or utility company to connect electric power lines or natural gas or liquid petroleum gas or other fuel sources permanently to any building or structure for which a building permit is required by this chapter until the appropriate inspection has been made, except as specified in Exhibit D attached to the ordinance codified in this chapter.

(e)

Work without a permit is unlawful. Except as specified in section 5-26, it shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter without having first obtained a building permit therefor from the city of Alturas building department.

(f)

Certificates of use and occupancy. It shall be unlawful for any person, firm, or corporation to use or occupy any building or structures without first obtaining a certificate of use and occupancy when required by appendix 1, section 110 of the California Building Code. A notice of completion shall be considered the same as a certificate of occupancy.

(g)

Violations—Penalties. Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. Each and every day during any portion of which any provision of this article is violated shall be deemed to be a separate offense and shall be punishable as provided in this subsection.

(Ord. No. 474, § 3.)

(a)

All work exempt from permit(s) as specified in each of the adopted codes as adopted by section 5-23. The referenced exempted work shall be made a part of this chapter and shall be referred to as section 5-80, Exhibit A.

Nothing contained in this article shall be construed to prevent any person from performing his/her own building, plumbing, electrical or mechanical work for his/her own private use when performed with the appropriate permit(s) and in compliance with the provisions of this chapter and adopted codes and as allowed by state law.

(Ord. No. 474, § 3.)

(a)

Permit application. Application for permits shall be made in the manner specified in Appendix Chapter 1, section 105 of the California Building Code. Application shall be accompanied by a minimum of two sets of plans and specifications as required. One set of plans and specifications shall be subject to retention by the building department.

(b)

Issuance of permits. A permit for new construction may not be issued by the building department unless and until the following has been provided:

(1)

Approval by the city planning department as to compliance of the application for permit with applicable city general and specific plans, city zoning laws or other applicable regulations;

(2)

Payment of fees for connection to the city domestic water supply;

(3)

Payment of fees for connection to the city sewage disposal system;

(4)

Approval by the public works department as to compliance of the application for permit for encroachment onto the city street system or other street department regulations;

(5)

Approval by the California State Department of Transportation as to compliance of the application for permit for encroachment onto the state road system or other applicable regulations;

(6)

Applicant shall meet all requirements of chapter 22 of the Alturas City Code relating to the installation of curb, gutter, sidewalks and driveways. All deposits or bonds for curb and gutter and payment for engineering costs must be paid prior to the issuance of a building permit if required by City Code;

(7)

The building department shall check the application, plans, and specifications and issue or deny a building permit for such work in the manner specified in Appendix Chapter 1, section 106.3 of the California Building Code;

(8)

If required by Code, approval by the fire marshal and/or environmental health officers of plans prior to the issuance of a building permit.

(Ord. No. 474, § 3.)

(a)

Permit fees shall be assigned based on the value of the proposed construction except as noted in subsection (c) of this section. The total valuation used to compute fees shall be determined by evidence showing the actual cost of the proposed construction. This evidence shall be in the form of contract or by other reliable evidence for verification of true account of such valuation. The building official shall compare this valuation or, if none is given, assign a valuation in accordance with Exhibits A and B, the city building permit fee schedule, attached to the ordinance codified in this chapter by reference, and such valuation shall be used for the value of the work on such permit application. This shall be the assigned value of the construction and the permit fee shall be assigned as established in Exhibits A and B or be based and computed on this valuation from Exhibits A and B attached to the ordinance codified in this chapter by reference.

(b)

The schedule of valuations and fees is contained in Exhibits A and B, attached hereto and is incorporated by this reference.

(c)

Fee exception. A permit will be issued without a fee for governmental agencies and quasi-governmental agencies, including, but not limited to, fire companies; when such permit authorizes work to be done on properties of such agencies and the governmental or quasi-governmental entities obtain the permit(s) themselves. Notwithstanding the above waiver of fee, the Essential Services Buildings Seismic Safety Act of 1986 requires that certain tests and inspections be made on specified buildings by a registered or licensed third party. The costs or expenses associated with such tests and inspections will be paid for by the affected public or quasi-governmental entity.

(Ord. No. 474, § 3)

(Ord. No. 481, § 1, 5-11-2010)

Editor's note— It should be noted that Exhibits A and B, the city building permit fee schedule, is not set out at length herein but is on file and available for inspection in the office of the city clerk.

The building official may approve a request for refund if made in accordance with appendix 1, section 108.6 of the California Building Code.

(Ord. No. 474, § 3.)

(a)

Inspections required. All work for which a permit is required by this article shall be subject to inspection and approval by the building official.

(b)

Inspection record cards. Work requiring a permit shall not commence until the permit holder, or his/her agent has approval by the building official and shall have posted an inspection record card, issued by the building official unless as provided for in Exhibit D, Policies and Guidelines, attached to the ordinance codified in this chapter. The inspection record card shall be posted in a conspicuous place on the premises and in such a position as to allow the required entries to be made thereon regarding inspection of the work.

(c)

Approval required. It shall be unlawful for any person to continue any work beyond the point indicated for each of the inspections without first having prior approval by the building official.

(Ord. No. 474, § 3.)

This article is not to be construed as imposing upon the city any liability or responsibility for damages resulting from defective building, plumbing, electrical, or mechanical work; nor shall the city or any official or employee thereof be held to assume any special liability or responsibility by reason or omission of the inspections authorized by this chapter.

(Ord. No. 474, § 3.)

Secs. 5-32 through 5-39. - (Reserved) Article III. - Buildings Used for Human Habitation.

Except as hereinafter qualified, the State Housing Law, sections 17910 to 17995 of the Health and Safety Code of the state, and all amendments thereto hereafter made by the legislature, and all rules and regulations heretofore or hereafter adopted pursuant thereto, are hereby adopted as regulating the safety of persons and property within the city, and such act, regulations and amendments are hereby declared to establish minimum standards governing the erection, construction, enlargement, conversion, alteration,

repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation and maintenance of all hotels, apartment houses, auto courts, resorts, motels and dwellings.

(Ord. No. 474, § 3.)

The public works department is hereby declared to be the building department as defined by title 8, chapter 9, article 7, section 16602.5 of the Administrative Code of the state which is hereby incorporated by reference, in all respects except as in provided in section 5-92 of this chapter.

(Ord. No. 474, § 3.)

The public works department is hereby declared to be the housing department for the purposes of enforcing the state of California Health and Safety Code, sections 17960 through 17967, in all respects except as in provided in section 5-92 of this chapter.

(Ord. No. 474, § 3.)

The enforcement agency shall inspect all hotels, apartment houses, four plex, triplex, duplex, single-family rental, auto courts, resorts, and motels at least once each calendar year. If, upon such inspection, it shall be found by the enforcement agency that the structure so inspected conforms to the provisions of this article, agency shall issue to the owner thereof a certificate of occupancy. The enforcement agency shall collect a fee for the certificate of occupancy in accordance with the rate schedule adopted by resolution of the city

council that is in effect on the date of the inspection, and shall be deposited with the city treasurer. Such certificate of occupancy shall be valid for one year after its effective date, which shall be the last effective date of the next preceding certificate of occupancy, or if none is then effective, the date of issuance of such certificate of occupancy.

(Ord. No. 474, § 3.)

(Ord. No. 509, § 1, 8-15-2017)

It shall be unlawful to use, occupy or permit human occupancy of a hotel, apartment house, four plex, triplex, duplex, single-family rental, auto court, resort or motel without a valid, effective certificate of occupancy posted in a conspicuous place upon the premises thereof.

(Ord. No. 474, § 3.)

It shall be unlawful for any person to use, occupy or permit human occupancy of a hotel, motel, apartment house, four plex, triplex, duplex, single-family rental, auto court or resort which is in violation of this article, whether or not a certificate of occupancy has been issued within a year.

(Ord. No. 474, § 3.)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, demolish, occupy or use a hotel, apartment house, four plex, triplex, duplex, single-family rental, auto court, resort, motel or dwelling in violation of this article.

(Ord. No. 474, § 3.)

Secs. 5-47 through 5-49. - (Reserved)