Arvin Municipal Code Ch. 15.08 Adoption and Applicability of Codes

Pursuant to Government Code sections 50022.2 through 50022.9, and subject to the amendments, additions, and deletions as set forth in this chapter, the city council hereby adopts the most current edition of the following codes by reference and all subsequent amendments to such codes, which shall be the City of Arvin Building Code and are referred to in this chapter as "the codes."

A. California Building Code, 2016 Edition, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, which incorporate by adoption the 2015 International Building Code, with necessary California amendments, including appendices I and J, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478, except such provisions as are hereinafter added, deleted or amended.

B. California Residential Building Code, 2016 Edition, California Code of Regulations, Title 24, Part 2.5, which incorporate by adoption the 2015 International Residential Code, with necessary California amendments, including appendix H, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

C. California Electrical Code, 2016 Edition, California Code of Regulations, Title 24, Part 3, which incorporate by adoption the 2014 Edition of the National Electrical Code, with necessary California amendments, including all the Annexes, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

D. California Mechanical Code, 2016 Edition, California Code of Regulations, Title 24, Part 4, which incorporate by adoption the 2015 Uniform Mechanical Code, with necessary California amendments, including appendix B, C and D, as published by the International Association of Plumbing and Mechanical Officials, 4755 E. Philadelphia St. Ontario, CA 91761.

E. California Plumbing Code, 2016 Edition, California Code of Regulations, Title 24, Part 5, which incorporate by adoption the 2015 Uniform Plumbing Code, with necessary California amendments, including appendix A, B, D, H, I and J, as published by the International Association of Plumbing and Mechanical Officials, 4755 E. Philadelphia St. Ontario, CA 91761.

F. California Energy Code, 2016 Edition, California Code of Regulations, Title 24, Part 6, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

G. California Historical Building Code, 2016 Edition, California Code of Regulations, Title 24, Part 8, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

H. California Existing Building Code, 2016 Edition, California Code of Regulations, Title 24, Part 10, which incorporate by adoption the 2015 International Existing Building Code, with necessary California amendments, including appendix A1, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

I. California Green Buildings Standards Code, 2016 Edition, California Code of Regulations, Title 24, Part 11, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

J. California References Standards Code, 2016 California Referenced Standards Code of the California Code of Regulations Title 24, Part 12, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

K. California Administrative Code, 2016 California Administrative Code of the California Code of Regulations, Part 1, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

L. 1997 Uniform Code for the Abatement of Dangerous Buildings, which is promulgated and published by the International Council of Building Officials, 4051 West Flossmoor Road, Country Club Hill, IL 60478.

M. Building valuation data and building and plan check fees as adopted by resolution of the city council.

(Ord. 282, 1996: Ord. 281 §1(A), 1996; Ord. 232 (part), 1989: Ord. 229 §1, 1988; Ord. 158, 1980; Ord. 111 §S1, 2, 1975; Ord. 90 §§1, 2, 3, 1972; Ord. 74 §1, 1970; Ord. 67 §2, 1969; Ord. 65 §2, 1969)

(Ord. No. 374, § 2, 2007; Ord. No. 401, § 2, 10-16-2012; Ord. No. 411, § 10, 12-13-2013; Ord. No. 437, § 3, 11-16-2016; Ord. No. 450, § 12, 6-19-2018)

A. The California Building Code, 2016 Edition, Appendix J Section J101 is hereby amended to read as follows:

Section J101 General.

Section J101.1 Scope. The provisions of this Chapter apply to grading, excavation and earthwork construction, including cuts, fills and embankments. Enforcement of both on and off site grading has been delegated to the City Engineer. All references to the Building Official regarding grading shall mean the City Engineer. Where conflicts occur between the technical requirements of this Chapter and the soils report, the soils report shall govern.

Section J101.2. Flood Hazard Areas. The provisions of this Chapter shall not apply to grading, excavation and earthwork construction, including cuts, fills and embankments, in floodways within flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated through a hydraulic analysis performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood. Grading, excavation, earthwork and building construction shall comply with this Chapter and Chapter 15.48 of the Lompoc Municipal Code entitled "Flood Plain Management."

B. The California Building Code, 2016 Edition, Appendix J Sections J103.3, J103.4, J103.5 and J103.6 are hereby added to read as follows:

Section J103.3. Responsibility. Each person involved in grading shall be responsible for the carrying out of this Chapter, including the owner of the property, any tenants or persons in possession thereof, any person selling or buying (whether or not for money or value) earth materials, any person to whom a grading permit is issued.

Section J103.4. Performance of Work. All grading shall be carried out in such a manner to keep the blowing of dust or silt from a grading site to a feasible minimum. The City Engineer may specify any reasonable steps designed to reduce the dust or silt problem including, but not limited to, requiring grading to be done in increments, groundcover to be maintained or established, and may make the steps a condition of the grading permit, whether before or after it is issued. All earth materials on the site of the grading or within any vehicles bringing or carrying any earth materials shall be contained and not allowed to be scattered on adjoining properties, public streets, or other areas.

The City Engineer may specify reasonable steps before or after issuance of the grading permit, as a condition thereon, designed to eliminate the dropping or scattering of earth materials. All persons named in Section J103.2 of the Chapter shall comply with the provisions of this Section.

Section J103.5. Violations. A violation of the conditions of the grading permit or this Chapter is a nuisance. All costs incurred by the City or other person to clean up or eliminate a condition caused by a violation of any stipulated condition of a grading permit or this Chapter shall be the responsibility of the persons named in Section J103.2 of this Chapter and a debt owed from each of them to the person so cleaning up or eliminating the condition.

Section J103.6. Grading Fees. Grading Plan Review Fees and Grading Permit Fees, shall be required and are to be determined by separate resolution of the Arvin City Council.

C. The California Building Code, 2016 Edition, Appendix J Section J103.2 is hereby amended as follows:

8. When the total volume of earth moved (including cut and fills) does not exceed 50 cubic yards. Cuts and fills required to prepare a pad for building construction shall be included in the total amount of earth moved to determine if a grading permit is required.

D. The California Building Code, 2016 Edition, Chapter 16A Section 1612A.1 is hereby amended to read as follows:

Section 1612A.1. General.

Within flood hazard areas as established in Section 1612A.3, all new construction of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply. The provisions within Chapter 15.32 of the Arvin Municipal Code entitled "Flood Plain Management" shall also apply for all buildings located within an identified flood hazard area. Where there may be conflicting provisions of model codes, State Regulations or this Chapter, the most restrictive provisions shall apply.

(Ord. No. 437, § 4, 11-16-16)

A. Whenever in any of the codes the following names or terms are used, such name or term shall have the meaning ascribed to it by this section, as follows:

1. "Building official," "plumbing official," "chief electrical inspector," "chief engineer," "director of building inspection," means the building official of the city.

2. "Building department" means the city building department.

3. "City" means the city of Arvin.

4. "City clerk" means the Clerk of the city of Arvin.

5. "City council" means the Council of the city of Arvin.

6. "Board of appeals" means the Council of the city of Arvin.

B. For the purpose of this chapter, all titles, headings, descriptions, definitions and all other terminology contained in the codes and any amendments to such adopted by reference in this chapter shall mean their equivalent for the city government.

(Ord. 232 (part), 1989; 0th. 11 §3, 1975; Ord. 65 §6, 1969).

(Ord. No. 401, § 2, 10-16-2012)

Not less than one (1) copy of each of the codes designated in section 15.08.010, and any secondary code pertaining thereto, all certified to be true copies by the city clerk, are on file for the use and examination by the public in the office of the city clerk.

(Ord. 232 (part), 1989; Ord. 65 §3, 1969).

It is unlawful for any person, firm or corporation to make, or cause to be made, any work of improvement within the city limits otherwise than in accordance with the provisions set forth in this chapter and the codes adopted by reference by this chapter.

(Ord. 65 §3, 1969).

Anything in this chapter or the codes to the contrary notwithstanding, this chapter shall not be interpreted as permitting any person, firm or corporation to conduct any business, profession or occupation without complying with the provisions of the business license ordinance of the city, or any other city ordinance.

(Ord. 65 §13, 1969).

Violations of any provisions of this chapter are violations of this Code and may be prosecuted pursuant to Title I of this Code.

(Ord. No. 401, § 2, 10-16-2012)

Editor's note— Ord. No. 401, § 2, adopted Oct. 16, 2012, set out provisions intended for use as § 15.08.030. Inasmuch as a § 15.08.030 already existed, at the editor's discretion, these provisions have been included as § 15.08.060.