Blythe Municipal Code Ch. 15.04 California Building Code

Footnotes:

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Editor's note— Ord. No. 919, § 2, adopted Dec. 13, 2022, repealed the former Ch. 15.04, §§ 15.04.010—15.04.030, and enacted a new Ch. 15.04 as set out herein. The former Ch. 15.04 pertained to similar subject matter and derived from Ord. 662 § 3 (part), adopted in 1990; Ord. 687 § 3, adopted in 1992; Ord. 721 § 4, adopted in 1995; Ord. 759 § 4 (part), adopted in 1999; Ord. 780 § 3 (part), adopted in 2002; Ord. 825 § 1 (Exh. A) (part), adopted in 2008; Ord. No. 846, § 1, adopted Dec. 14, 2010; Ord. No. 863, § 1, adopted Nov. 12, 2013; Ord. No. 879, § 1, adopted Nov. 8, 2016; and Ord. No. 898, § 1, adopted Nov. 12, 2019.

Except as otherwise provided in this chapter, the city council hereby adopts by reference for the purpose of prescribing regulations in the city for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of building and structures, the California Building Code, 2022 Edition, Title 24, Part 2, of the California Code of Regulations, Volumes 1 and 2, including appendices F, I and J. In the event of any conflict or ambiguity between any provision contained in the California Building Code adopted by reference herein, and any amendment thereto contained in this chapter or other provision of this code, the amendment shall control.

One complete copy of the California Building Code, 2022 Edition, shall be kept on file in the office of the city clerk for use and examination by the public.

(Ord. No. 919, § 2, 12-13-22)

The California Building Code, 2022 Edition, adopted under section 15.04.010 of this chapter, is hereby amended as follows:

A. Subsection (2) of Section 105.2 (Work Exempt from Permit) is amended to read as follows:

2. Any wood or chain link fence not over four feet in height in the front yard setback or six feet in height in the rear yard setback, when measured from grade to top of fence, provided there is no surcharge and the fence is not being installed as a swimming pool barrier.

B. Section 105.5 (Expiration) is amended to read as follows:

105.5 Expiration.

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced and an approved building inspection has been obtained 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. A permit shall be deemed suspended or abandoned if more than 180 days elapses prior to filing a request for extension of time on the permit with the building official. 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, including documentation of the substantial completion of a required inspection pursuant to Section 110. When a permit expires under this section, no work shall be done unless the owner or owner's authorized agent obtains a new permit.

C. Section 105 (Permits) is amended to add a new Section 105.8 to read as follows:

105.8 Recommencement of Work After Expiration, Suspension or Revocation.

After expiration, suspension or revocation of a permit, any owner or owner's authorized agent must obtain the required new permit prior to recommencing work. The permit fee shall be determined by using the original permit costs in that if the permit has passed expiration a new permit at full fees shall be required. If the permit has not yet expired, a new permit at half the amount of all fees except plan review and taxes shall be required. If there has been a major code change between the expired, suspended or revoked permit date and the request for a new permit for the same work, fees will be charged for the time necessary to verify compliance with the new building codes that have been adopted since the initial permit was issued.

D. Section 109 (Fees) is amended to add a new Section 109.7 to read as follows:

109.7 Refunds.

The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under the permit issued in accordance with this code. Plan check fees are not refundable when the permit has already been issued.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any examination time has been expended.

The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

(Ord. No. 919, § 2, 12-13-22)

A. Findings. The city council finds that there are a number of outdoor swimming pools within the city and that the operation or maintenance of the same without adequate protective measures constitutes a severe hazard to the safety of the citizens of the city, and particularly to small children. As used in this section, "outdoor swimming pool" means any pool over eighteen inches in depth, used or intended to be used for swimming or recreational bathing.

B. Requirements. Every person in possession of land within the city, as either owner, purchaser, lessee, tenant or licensee, upon which is situated an outdoor swimming pool, shall at all times comply with the following requirements:

1. Maintain on the lot or premises upon which such outdoor swimming pool is located and completely surrounding such pool, or completely surrounding the lot or premises upon which such pool is located, a fence or other solid structure not less than six feet in height, and having no opening therein, other than doors or gates as provided for in subsection (2) below, larger than four inches in any dimension, except that a picket fence may be erected and maintained having no horizontal dimension between any of the pickets in excess of four inches. Such fence or other solid structure shall be constructed so as to prevent any person from crawling or passing through, under or over the same, except at doors or gates therein.

2. All doors or gates opening through the fence or other solid structure required by this section, shall, at all times, be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when such door or gate is not in actual use. Any door of any dwelling occupied by human beings and forming any part of the solid enclosure referred to in the preceding section need not be equipped with the self-closing and self-latching device required by this section if the door is equipped with an audible warning system. The self-closing and self-latching device referred to in this section shall be placed at least fifty-four inches above the ground.

(Ord. No. 919, § 2, 12-13-22)