Avenal Municipal Code Ch. 1 Uniform Codes for Building

Sections:

8-1.01 General provisions.
8-1.02 Board of Appeals.
8-1.03 Relocation permits.
8-1.04 Building Standards Code.
8-1.05 Deletion or revision of certain provisions.
8-1.06 Fees.
8-1.07 Appeal Board.
8-1.08 Copy of code.
8-1.09 No liability.
8-1.10 Violation—Penalty. 8-1.01 General provisions. (a) Definitions. When not defined in the codes adopted in Section 8-1.04, "person" shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 2 Unless the context suggests otherwise, whenever any of the following terms are used in the codes adopted in Section 8-1.04, such terms shall have the following meanings: (1) "Building Official" means the City Manager or her/his authorized designee. (2) "Chief appointing authority" means the City Council of the City of Avenal. (3) "City" means the City of Avenal. (4) "Governing body" means the City Council of the City of Avenal. (5) "Chief electrical inspector" means the Building Official or her/his designee. (6) "Administrative Authority" means the City Manager or her/his designee. (7) "Appeal Board" and "Board of Appeals" means the City Council of the City of Avenal. (8) "Authority having jurisdiction" and "local agency with jurisdiction" means the City of Avenal. (b) Enforcement agency and administrative official—Designated. The provisions of this chapter shall be administered by the Building Official who, pursuant to Section 17964 of the Health and Safety Code of the State of California, is hereby designated and charged with the responsibility for enforcement of the state housing law and the rules and regulations promulgated thereunder in the City of Avenal. The Building Official is authorized and directed to enforce all provisions of this chapter including the codes hereby adopted and for such purpose he shall have the powers of a Police Officer. (c) Liability. The Building Official or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the City in the discharge of his duties, shall thereby render himself liable personally and he is hereby relieved from all personal liability for any damages that may accrue to persons or property as a result of an act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official or employee, because of such act or omission performed by him in the enforcement of this chapter, shall be defended by the City until the final termination of the proceedings. (d) Violations. It shall be unlawful for any person to obstruct, violate, or cause to be violated any provisions of this chapter or codes herein adopted. Each person guilty of any violation of this chapter and the adopted codes is guilty of a separate offense for each day the violation is allowed to exist. A violation of the chapter and adopted codes shall be deemed to be an infraction for each separate offense and shall be punishable by a fine not to exceed five hundred dollars ($500.00). The penalty provisions of this chapter shall supersede similar or conflicting provisions of all codes hereby adopted. (e) Exemptions. In addition to exemptions specified in the Uniform Codes adopted by this Code, this chapter shall not be applicable to any work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this chapter, flood control or irrigation structures, irrigation pipes, or irrigation wells. Nor shall this chapter be applicable to buildings, structures, power plants, facilities, equipment or installations owned or to be constructed by or for a public utility corporation or a gas and oil industry subject to the jurisdiction of the State Public Utilities Commission, Federal Power Commission or the State Department of Natural Resources where said buildings, structures, powers plants, facilities, equipment or installations are specifically subject to regulation as to design, construction, and operation by said commission or department. This chapter shall not be applicable to structures designed and constructed for the following farm uses: Buildings or structures to house birds, poultry or livestock, animal shade structures, hay sheds, granaries, silos, fences, buildings designed and intended to be used for the sale of seasonal agricultural products grown upon the farms upon which they are located and which sales buildings are of a size less than four hundred (400) square feet in area. The agricultural exemption provided for in this subsection shall be applicable only in the following zone districts: General Agricultural, Exclusive Agricultural, and Light Agricultural. Such farm

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 3 buildings or structures are not to be for human habitation or places of employment where agricultural products are processed, treated, or packaged nor shall they be used by the public or attached to a dwelling. Said agricultural exemption shall not apply to any electrical, plumbing or mechanical activities which involve connection to electrical energy, combustible fuel, or domestic water systems. All persons claiming an agricultural exemption pursuant to this subsection shall, before commencing construction, make application with the Building Official and secure from said official a determination in writing that such construction is exempt from the requirements of this chapter. The owner or person proposing to construct a building or structure or perform any work exempt from the provisions hereof may obtain the inspection service as provided in this chapter by applying for and obtaining the appropriate permit or permits and paying the regularly established fees therefor in the same manner as though said building, structure or work were not exempt pursuant to this section. (f) Copies of codes on file. Not less than one copy of each code hereby adopted by reference, all certified by the City Clerk to be true copies, shall be filed in the office of said Clerk, and shall be left there for public inspection while this chapter is in force, provided that the copies, after certification thereof, may be kept in the office of the Building Official. (Ord. 85-08 §§ 1, 2, 1987; Ord. No. 2011-02, § 2, 3-24-2011) 8-1.02 Board of Appeals. (a) The City Council shall be the Board of Appeals provided for in each of the codes hereby adopted. (b) The Building Official shall be an ex officio member and shall act as secretary to the Board. (c) The Board of Appeals shall adopt reasonable rules and regulations for carrying out its duties. (d) The findings and decisions of the Board of Appeals shall be in writing. Notice of any such decision shall be given to the appellant or applicant, and, unless otherwise provided, shall be given within five (5) days and may be given by depositing a copy thereof in the United States mail, postage prepaid within said five (5) days addressed to the person to be notified at his last known address. The failure of any person to receive such notice after such mailing shall not in any manner affect the validity of any proceeding. (e) The decision of the Board of Appeals shall be final unless action is brought in a court of competent jurisdiction within thirty (30) days thereafter. 8-1.03 Relocation permits. (a) No person, firm or corporation shall move any building or structure within or into the City without first obtaining from the Building Official a relocation permit and a building permit. (b) Except as otherwise provided in this section, there shall not be issued a relocation permit for any building or structure which is included within any one or more of the following categories: (1) Is so constructed or is in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects in electrical wiring or any other substantial hazard, to the persons who will occupy or enter said building after relocation; (2) Is infested with rats or other vermin or the wood members of the building are infested with rot, decay, or termites; (3) Is so unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy said building after relocation or, if not intended for occupancy by human beings, would make it unsuitable for its intended use;

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 4 (4) Is in such condition or is of a type, character, size, or value and is so inharmonious with other buildings in the neighborhood of the relocation site, that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements within a radius of five hundred (500) feet from the proposed relocation site; (5) If the proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of the City; (6) If the building or structure does not conform to all applicable provisions of law. (c) Correction of defects before issuance; hearing. (1) If the building or structure to be moved fails to meet any of the standards set forth in subsection (a) of this section, but it appears to the Building Official that the deficiencies can be corrected, the permit shall be issued only on condition that all deficiencies be corrected. (2) In order to determine any matter regarding relocation of a building or structure, the Building Official may cause any investigation to be made which he believes necessary. (d) Terms and conditions to issuance. In granting a relocation permit, there may be imposed such terms and conditions as are reasonable including but not limited to, changes, alterations, additions or repairs to the building or structure so that its relocation will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which it is to be moved. The terms and conditions upon which each permit is granted shall be in writing upon application and permit or appended thereto. (e) Fees. The fee for relocation investigation service shall be established by the City Council by resolution and shall be a separate fee from any building, plumbing, electrical, or mechanical permit fee. In the event a building permit is issued, the fees for building or structure at its relocation site as estimated by the Building Official or his/her designee. (f) Expiration and renewal of permits. (1) A relocation permit shall expire and become null and void if the moving of the building or structure is not completed, and all terms and conditions of the relocation permit complied within six (6) months from the date of issuance of the permit. (2) An application for extension of the six (6) months time limitation set forth in subsection (a) of this section may be submitted to the Board of Appeals within six (6) months from the date of issuance of the permit. The Board of Appeals shall hold a public hearing upon such application for extension of time. No such application shall be approved by the Board of Appeals except where it appears that the failure of applicant to comply with the terms and conditions of the permit was due to fire, legal acts of the public authorities, acts of God, or any other delay unavoidable or beyond the reasonable control of the applicant. An application for extension of time shall be denied by the Board of Appeals if the applicant fails to appear in person at the time and place set for the public hearing on such application, unless there is presented at such hearing a certificate of a licensed physician that such applicant is physically unable to appear at such hearing due to illness or other physical incapacity, or the applicant is represented at such hearing by an attorney. (3) An extension of time granted by the Board of Appeals after due hearing thereon shall be for any period of time deemed reasonable by the Board of Appeals, in view of all of the facts and circumstances of the particular case, but in no event shall such extension of time exceed six (6) months from date of the expiration of the original permit. (4) A second extension of time shall not be issued to any applicant by the Board of Appeals. The Board of Appeals may, in its discretion, accept an application for extension of time from a person who has succeeded to the ownership of property which was the subject of an extension of time granted to a former owner-applicant. (g) Surety bond required. The Building Official shall not issue a relocation permit unless the applicant therefor shall first post with the Building Official a bond executed by the owner of the premises where

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 5 the building or structure is to be located, as principal, and by a surety company authorized to do business in the state, as surety, or makes a deposit of cash or cashier's check or money order payable to the City of Avenal, as hereafter provided. (h) Form and amount. The surety bond required by subsection (g) of this section shall: (1) Be in form joint and several; (2) Name the City as obligee; (3) Be in an amount equal to the estimated cost plus ten (10) percent of the work required to be done in order to comply with all of the conditions of the moving permit, such estimate to be estimated by the Building Official. A deposit, if made in place of a surety bond, shall also be equal to the cost plus ten (10) percent of such work. (i) Condition. Every bond posted and every deposit made pursuant to this article shall be conditioned as follows: (1) That each and all of the terms and conditions of the moving permit shall be complied with to the satisfaction of the Building Official; (2) That all of the work required to be done pursuant to the conditions of the moving permit shall be fully performed and completed within six (6) months from the date of the issuance of the permit, or within the period of any extension of time hereafter granted by the Building Official; (3) The term of each bond posted pursuant to this article shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the relocation permit. (j) Procedure on default. Whenever the Building Official finds that a default has occurred in the performance of any term or condition of any relocation permit he shall give written notice thereof to the principal and to the surety on the bond. (k) Contents of notice of default. In a notice of default the Building Official shall state the work to be done, the estimated cost thereof, and the period of time deemed by him to be reasonably necessary for the completion of such work. (l) When work to be done by City. If after written notice the required work is not performed within the time specified in such notice, then the City at its option may, through its authorized officers or agents, cause such work to be done, or cause such building or structure to be demolished and the premises cleared, and the surety shall pay over to the county or to the Building Official the actual cost of such work or demolition, plus an additional sum of ten (10) percent; provided, however, that in no case shall the liability of the surety exceed the amount of the surety bond; or the City may, at its option, through its Building Official or other authorized agent, require the surety to cause the required work to be performed or require the surety to demolish the structure or building or clear, clean and restore the site; provided, that in neither case shall the liability of the surety exceed the amount of the surety bond. (m) Use of cash deposit. If a cash bond has been posted the Building Official shall give notice of default, as provided above to the principal, and if compliance is not had within the time specified the Building Official shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or any portion of such deposit to cause the required work to be done by contract or otherwise in his discretion. The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus ten (10) percent thereof. (n) Return of deposit. When a cash bond has been posted, the Building Official shall return the cash to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this article provided. (o) Inspections. The Building Official, the surety and the duly authorized representatives of either shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work.

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 6 (p) Interference with work. In the event of any default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on its behalf, or the Building Official, or any person employed or engaged on his behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure. The owner, his representative, successor or assign, or any other person who interferes with or obstructs the ingress or egress to or from any such premises, or any authorized representative or agent of any surety or of the City engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of an infraction. (Ord. 91-06 § 24, 1991; Ord. 87-04 § 2, 1987) 8-1.04 Building Standards Code. The following publications are hereby adopted by reference and incorporated into this chapter in their entirety, except as expressly amended or superseded by the provisions of this chapter, with the same effect as if fully set forth herein verbatim: (a) California Building Standards Administrative Code, 2010 edition, found in Part 1 of Title 24 of the California Code of Regulations; (b) California Building Code, including the Appendix Chapters thereto, 2010 edition, found in Part 2 of the California Code of Regulations; (c) California Residential Building Code, 2010 edition, found in Part 2.5 of Title 24 of the California Code of Regulations; (d) California Electrical Code, 2010 edition, found in Part 3 of Title 24 of the California Code of Regulations; (e) California Mechanical Code, 2010 edition, found in Part 4 of Title 24 of the California Code of Regulations; (f) California Plumbing Code, 2010 edition, found in Part 5 of Title 24 of the California Code of Regulations; (g) California Energy Code, 2010 edition, found in Part 6 of Title 24 of the California Code of Regulations; (h) California Historical Building Code, 2010 edition, found in Part 8 of Title 24 of the California Code of Regulations; (i) California Fire Code, 2010 edition, found in Part 9 of Title 24 of the California Code of Regulations; (j) California Existing Building Code, 2010 edition, found in Part 10 of Title 24 of the California Code of Regulations; (k) California Green Building Standards Code, 2010 edition, found in Part 11 of Title 24 of the California Code of Regulations; (l) California Reference Standards Code, 2010 edition, 2010 edition, found in Part 12 of Title 24 of the California Code of Regulations; and (m) Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, as published by the International Conference of Building Officials. (Ord. No. 2011-02, § 4, 3-24-2011) Editor's note—

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 7 Ord. No. 2011-02, § 3, adopted March 24, 2011, repealed the former § 8-1.04. Section 4 of said ordinance enacted a new § 8-1.04 as set out herein. The former § 8-1.04 pertained to Uniform Building Code and derived from Ord. No. 85-08, §§ 3, 4, adopted 1985; Ord. No. 87-04, §§ 3, 4, adopted 1987; Ord. No. 89-13, §§ 2, 3, adopted 1989; Ord. No. 93-01, § 2, adopted 1993; Ord. No. 2008-01, §§ 1,2, adopted April 10, 2008. 8-1.05 Deletion or revision of certain provisions. (a) The following sections of the codes adopted in Section 8-1.04 are deleted: (1) [Reserved.] (b) The following sections of the relevant codes adopted in Section 8-1.04 are revised to read in their entirety as follows: (1) [Reserved.] (Ord. No. 2011-02, § 4, 3-24-2011) Editor's note— Ord. No. 2011-02, § 3, adopted March 24, 2011, repealed the former § 8-1.05. Section 4 of said ordinance enacted a new § 8-1.05 as set out herein. The former § 8-1.05 pertained to Uniform Electrical Code and derived from Ord. No. 85-08, § 5, adopted 1985; Ord. No. 87- 04, § 5, adopted 1987; Ord. No. 89-13, § 4, adopted 1989; Ord. No. 93-01, § 3, adopted 1993. 8-1.06 Fees. Notwithstanding any other provision of this chapter or any code adopted in Section 8-1.04, any person desiring a permit required by any code adopted in Section 8-1.04 shall, at the time of filing an application therefor, pay a fee as set by resolution of the City Council. (Ord. No. 2011-02, § 4, 3-24-2011) Editor's note— Ord. No. 2011-02, § 3, adopted March 24, 2011, repealed the former § 8-1.06. Section 4 of said ordinance enacted a new § 8-1.06 as set out herein. The former § 8-1.06 pertained to Plumbing Code and derived from Ord. No. 85-08, § 6, adopted 1985; Ord. No. 87-04, § 6, adopted 1987; Ord. No. 89-13, §§ 5, 6, adopted 1989; Ord. No. 93-01, § 4, adopted 1993. 8-1.07 Appeal Board. Whenever any code adopted in Section 8-1.04 specifies a Board of Appeals or Advisory Board, or in the absence of such specifications, the City Council or its designee(s) shall serve as such board, and may determine the suitability of alternative materials and/or methods of construction and may provide a reasonable interpretation of the applicable provisions. (Ord. No. 2011-02, § 4, 3-24-2011) Editor's note—

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 8 Ord. No. 2011-02, § 3, adopted March 24, 2011, repealed the former § 8-1.07. Section 4 of said ordinance enacted a new § 8-1.07 as set out herein. The former § 8-1.07 pertained to Uniform Mechanical Code and derived from Ord. No. 85-08, §§ 7, 8, adopted 1985; Ord. No. 87-04, §§ 7, 8, adopted 1987; Ord. No. 89-13, § 7, adopted 1989; Ord. No. 93-01, § 5, adopted 1993. 8-1.08 Copy of code. At least one copy of the codes adopted in Section 8-1.04 may be inspected during normal business hours by any member of the public in the office of the City Clerk. (Ord. No. 2011-02, § 4, 3-24-2011) Editor's note— Ord. No. 2011-02, § 3, adopted March 24, 2011, repealed the former § 8-1.08. Section 4 of said ordinance enacted a new § 8-1.08 as set out herein. The former § 8-1.08 pertained to Uniform Administrative Code and derived from Ord. No. 87-04, § 9, adopted 1987; Ord. No. 89-13, § 8, adopted 1989; Ord. No. 93-01, § 6, adopted 1993. 8-1.09 No liability. The provisions of this chapter shall not be construed as imposing upon the City of Avenal any liability or responsibility for damage to persons or property resulting from defective work, nor shall the City of Avenal, or any official, employee or agent thereof, be held as assuming any such liability or responsibility by reason of the review or inspection authorized by the provisions of this chapter, or issuance of any permits or certificates under this chapter or the codes adopted by in Section 8-1.04. (Ord. No. 2011-02, § 4, 3-24-2011) 8-1.10 Violation—Penalty. Unless otherwise required by applicable law, any violation of any provision of this Chapter, including the codes adopted in Section 8-1.04, shall be punishable as set forth in Title 1, Chapter 2 of the Avenal Municipal Code. (Ord. No. 2011-02, § 4, 3-24-2011)