Title 15 — BUILDINGS AND CONSTRUCTION Chapter 15.01 - BUILDING CODE

For the purposes of regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City and providing for the issuance of permits and the collection of fees therefor, the 1997 Edition of the Uniform Administrative Code and Appendices, as prepared by the International Conference of Building Officials, three (3) copies of which have been filed for use and examination by the public in the office of the City Clerk as provided by Sections 50022.1 et seq. of the Government Code of the State, is hereby adopted by reference thereto as if fully set forth in this chapter.

(Ord. No. 721, § 3, 1-24-2023)

The Uniform Administrative Code adopted by reference by Section 15.01.010 of this Code is amended as follows:

(a)

Section 103, Definitions, is amended by adding the definition of the term "ICC Standards" to read as follows:

ICC STANDARDS refer to those codes adopted by this jurisdiction containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as published by the International Code Conference.

(b)

The first paragraph of Section 303.4, Expiration, is amended to read as follows:

303.4 Expiration. In accordance with Health and Safety Code Section 18938.6, every permit issued by the building official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within twelve (12) months (365 days) from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Failure to pass a required inspection every 180 days shall constitute the abandonment of work. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

(c)

The first paragraph of Section 304.2, Permit Fees, is amended to read as follows:

304.2 Permit Fees. The fee for each permit shall be as set forth in Tables B-1, E-1, M-1, P-1, and 3-G and 3-H, adopted by uncodified ordinance and on file with the building official. The fees and fee calculation methodologies set forth in these Tables shall prevail over any conflicting fees or fee calculation methodologies set forth in any other adopted uniform code. Where a technical code has been adopted by the jurisdiction for which no fee schedule is shown in this code, the fee required shall be in accordance with the schedule established by the legislative body.

(d)

Section 304.3, Plan Review Fees, is amended to read as follows:

304.3 Plan Review Fees. When submittal documents are required by Section 302.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table B-1.

The plan review fees for electrical, mechanical and plumbing work shall be equal to 25 percent of the total permit fee as set forth in Tables E-1, M-1 and P-1.

The plan review fee for grading work shall be as set forth in Table 3-G.

The plan review fees for Seismic, Disabled Access, and California Building Energy Efficiency Standards, shall be 25 percent of the Building Plan Check fee for each area when detailed as shown in Table B-1.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 304.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 302.4.2, an additional plan review fee shall be charged at the rate shown in Tables B-1, E-1, M-1, P-1, and 3-G.

(e)

The first three paragraphs of Section 304.5.2, Fee, are amended to read as follows:

304.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Tables B-1, E-1, M-1, P-1, 3-G and 3-H.

Subsequent un-permitted work by the same permittee shall result in a progressive investigation fee being accessed, second violation would result in a three times the permit fee for the investigation fee, a third violation would result in a four times the permit fee for the investigation fee, a fourth violation would result in a five times the permit fee for the investigation fee, and so on to a maximum of a ten times the permit fee for the investigation fee.

The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. Swimming Pool Safety Barriers not finaled prior to pool water placement are subject to an investigation fee.

(f)

Section 305.5, Required Building Inspections, is amended to read as follows:

305.5 Required Building Inspections. Reinforcing steel or structural framework or a part of a building or structure shall not be covered or concealed without first obtaining the approval of the building official. Protection of joints and penetrations in fire-resistive assemblies shall not be concealed from view until inspected and approved.

The building official, upon notification, shall make the following inspections:

1.

Under slab under foundation inspection. This inspection is for all infrastructure to be installed below the slab and foundation, this inspection includes all plumbing mechanical and electrical system to be installed tested and inspected prior to backfill and preparation for foundation inspection.

2.

Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official.

3.

Concrete slab or under-floor inspection. To be made after in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the subfloor.

4.

Frame Inspection. The frame inspection shall include the following; All rough framing, rough Electrical, rough Plumbing, rough Mechanical, Roof covering installed (except where access is required for intersecting wall finish), and exterior lath or required weather barrier, the building must be weather tight prior to requesting a frame inspection.

5.

Insulation, caulking and sealing. This inspection is for all insulated areas that will be concealed by the installation of interior lath or drywall.

6.

Interior Lath and/or wallboard inspection. To be made after lathing and wallboard on the interior is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished.

7.

Other inspections. All inspections listed in section 109 of the International Building Code or the latest version of the California Building Code.

8.

Final inspection. To be made after finish grading and the building is completed and ready for occupancy.

(g)

Section 309.1, Use or Occupancy, is amended to read as follows:

309.1 Use or Occupancy. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof 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 of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.

(h)

Section 309.3, Certificate Issued, is amended to read as follows:

309.3 Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contain the following:

1.

The building permit number.

2.

The address of the structure.

3.

The name and address of the owner or the owner's authorized agent.

4.

A description of that portion of the structure for which the certificate is issued.

5.

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.

6.

The name of the code official.

7.

The edition of the code under which the permit was issued.

8.

The use and occupancy in accordance with the provisions of the California Building Code.

9.

The type of construction as defined in the California Building Code.

10.

The design occupant load and any impact the alteration has on the design occupant load of the area not within the scope of the work.

11.

If fire protection systems are provided, whether the fire protection systems are required.

12.

Any special stipulations and conditions of the building permit.

(i)

Table 3.1 reads as follows:

I.

A fee as set forth by resolution of the City Council shall be charged for all building permits for the purposes of funding the City of Arroyo Grande Planning Program.

J.

A fee of twenty dollars ($20.00) per permit for all permit transactions shall be charged. This fee shall be collected for the exclusive use of improving the Information Management System and the transferring of legacy files into that system.

(Ord. No. 721, § 3, 1-24-2023)

For the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures in the City, the 2022 California Building Code (CBC), excluding Chapter 29, Plumbing systems, and including Appendix J, Grading, as promulgated by the California Building Standards Commission, which incorporates the 2021 Edition of the International Building Code with California amendments, is hereby adopted by reference thereto as if fully set forth in

this chapter, save and except such portions as are deleted, modified, or amended by the provisions of this chapter. Copies of the 2022 California Building Code are on file in the office of the City Clerk and Building Official. Any

changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive code providing the highest level of safety as determined by the Building Official shall prevail.

(Ord. No. 721, § 3, 1-24-2023)

(a)

CBC, Section 105.1, is hereby amended by adding the following:

Permits Required and Violations and Penalties.

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 in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor. Each day that a violation continues shall be deemed a separate offense. The Building Official or his/her designee may commence any or all of the following proceedings in accordance with the Arroyo Grande Municipal Code:

(1)

Issue an administrative citation in accordance with the provisions of Chapter 18 of Title 1 of the Arroyo Grande Municipal Code and related written policies.

(2)

Issue a court citation (Notice to Appear) in accordance with the provisions of Chapter 16 of Title 1 of the Arroyo Grande Municipal Code and related written policies.

(3)

Request the City Attorney to institute legal action.

(b)

CBC, Appendix B, Board of Appeals is amended as follows:

1.

Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The building official shall serve as clerk to the board.

2.

Membership and qualifications. The board of appeals shall consist of three members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the city.

Procedures. The board of appeals shall follow the procedures for the conduct of appeals set forth in Title 1, Chapter 12, Appeals of the Arroyo Grande Municipal Code, or as may be established by the building official and shall provide for proper notice and a hearing that complies with due process procedures.

(Ord. No. 721, § 3, 1-24-2023)