Butte County Municipal Code Art. I In General

In order to protect the public safety, health, property, and welfare in the County of Butte, and to provide minimum standards for the proper regulation of building construction, the following parts of the 2025 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, are hereby adopted, incorporated, and made part of this chapter by reference without further publication:

The 2025 California Building Standards Code parts and appendices listed above are hereby declared to be the building code for Butte County and shall apply to and govern all building construction in the unincorporated areas of the county as hereinafter provided subject to the definitions, clarifications, deletions, and amendments set forth herein.

(Ord. No. 3973, § 2, 12-11-07)

(Ord. No. 4026, § 2, 11-23-10; Ord. No. 4072, § 2, 11-12-13; Ord. No. 4121, § 2, 11-8-16; Ord. No. 4172, § 2, 11-5-19; Ord. No. 4222, § 2, 11-8-22; Ord. No. 4270, § 2, 10-28-25)

Editor's note— Former § 26-1 was repealed and replaced by Ord. No. 3973.

The 2025 California Building Standards Code as adopted by Section 26-1 is amended to read as follows:

Whenever any of the following names or terms are used in the California Building Standards Code, such name or term shall have the meaning ascribed by this section as follows:

Building Official: The Building Division Manager of Butte County or his/her designated representative.

Mobile/manufactured home: A housing structure transportable in one (1) or more sections, designed and equipped to be used with or without a foundation system, certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. section 5401 et seq.). The County shall not grant a permit for the installation of a mobile/manufactured home if such mobile/manufactured home was manufactured before September 1, 2008. Mobile/manufactured home does not include recreational vehicle, park trailer, or commercial modular as defined in Division 13, Part 2, Chapter 1, of the Health and Safety Code.

(Ord. No. 886, § 2; Ord. No. 2269, § 2, 3-9-82; Ord. No. 3001, § 9, 5-5-92; Ord. No. 3973, § 3, 12-11-07)

(Ord. No. 4026, § 3, 11-23-10; Ord. No. 4072, § 3, 11-12-13; Ord. No. 4121, § 3, 11-8-16; Ord. No. 4157, § 1, 2-26-19; Ord. No. 4172, § 3, 11-5-19; Ord. No. 4222, § 3, 11-8-22; Ord. No. 4242, § 1, 4-9-24; Ord. No. 4270, § 3, 10-28-25)

The 2025 California Building Standards Code as adopted by Section 26-1 is amended to read as follows:

Section 113 of Chapter 1, Division II, of the 2025 California Building Code; Chapter 1, Division II, Section R112 of the 2025 California Residential Code; Chapter 1, Division II, Section 107.0 of the 2025 California Mechanical Code; Section 89.108.8 of California Article 89, General Code Provisions, of the 2025 California Electrical Code; Division II, Section 107.0 of the 2025 California Plumbing Code; Section 112 of the 2025 California Wildland-Urban Interface Code; and Section 112 of the 2025 California Fire Code are deleted. The local appeals board of the county which was established by Resolution # 13-144 by the County Board of Supervisors shall hear any and all appeals regarding the application and enforcement of this chapter. The decision of the Board of Appeals is final and not appealable except to the courts, and the Board of Appeals shall have no authority to waive the technical requirements of this code.

(Ord. No. 2269, § 3,3-9-82; Ord. No. 3354, § 2, 9-23-97; Ord. No. 3527, § 2,6-8-99; Ord. No. 3973, § 4,12-11-07)

(Ord. No. 4026, § 4, 11-23-10; Ord. No. 4072, § 4, 11-12-13; Ord. No. 4121, § 4, 11-8-16; Ord. No. 4172, § 4, 11-5-19; Ord. No. 4222, § 4, 11-8-22; Ord. No. 4270, § 4, 10-28-25)

Editor's note— Formerly, § 26-3 contained amendments to the building code and derived from the following ordinances:

Amendments are now found in § 26-3.1 et seq.

The 2025 California Building Standards Code as adopted by Section 26-1 is amended to read as follows:

(a) California Building Code: The following sections of the 2025 California Building Code, Chapter 1, Division II, are amended to read as follows:

Section 101.4.4 "Property Maintenance" is amended to read as follows: The provisions of the 1997 Uniform Housing Code and 1997 Uniform Code for the Abatement of Dangerous Buildings shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Section 103 "Code Compliance Agency" is deleted in its entirety.

Section 105.2 "Work exempt from permit",

"Building", "2" is amended to read as follows: Fences, other than swimming pool barriers, and other than those built of masonry material, not over 7 feet (2134 mm) high. Masonry fences not over 6 feet (1829 mm) high.

"Building", "14" is added as follows: Decks in an R-3 occupancy, not exceeding 200 square feet in area, not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve an exit door.

"Electrical", "4" is added as follows: No permits shall be required for the installation, alteration or repair of agricultural water pumps used solely for agricultural purposes.

Section 105.3.2 "Time limitation of application" is amended to read as follows: An application for a permit for any proposed work shall expire one (1) year after the date of filing, unless the permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 105.5 "Expiration" is amended to read as follows: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void after one (1) year from the date of issuance of such permit. Provided, however, that if the building or work authorized by such permit was commenced prior to such expiration and no changes have been made or will be made in the original plans and specifications for such building or work, a renewal permit may be applied for within 30 days of the original permit expiration date. If application for a renewal permit has not been made within said 30 days, or if work was not commenced pursuant to the original permit, a new permit application and fees will be required. A renewed permit shall expire and become null and void one (1) year from the expiration date of the original or previously renewed permit. Any mechanical, electrical, or plumbing permit issued in conjunction with a building permit shall remain active as long as the building permit is active.

Section and 105.5.1 "Expiration" is deleted in its entirety.

Section 105.8 "Transferability" is added to read as follows: A permit may be transferred from the original permittee to another person due to a change of ownership or contractor or death.

Section 111.1 "Change of occupancy" is amended to read as follows: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall 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. Provided, however, that no certificate of occupancy is required for Group R, Division 3, and Group U Occupancies.

Section 111.2 "Certificate issued" is amended to read as follows: Except for Group R, Division 3, and Group U Occupancies, after the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the County, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner or the owners 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.

6. The name of the building official.

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

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.

(b) California Residential Code: The following sections of the 2025 California Residential Code, Appendix CI, are amended to read as follows:

Section CI100 115922(a), is amended to read as follows:

Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features, provided that one of the two required safety features shall consist of an enclosure as described in items 1 and 2 below:

1. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single family home.

2. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

3. An approved safety pool cover, as defined in subdivision (d) of Section 115921.

4. Exit alarms on the private single-family home's doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open."

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home's door providing direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Specification for Residential Pool Alarms," which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

(c) The following provision shall apply to permits under the 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, and 2025 California Plumbing Code:

The rules concerning time limitation of application, expiration, transferability, occupancy, and work exempt from a permit shall be as specified in subsection (a) above in the amendments to Chapter 1, Division II, of the 2025 California Building Code, Sections: 105.3.2, 105.5, 105.8, 111.1 and 111.2, respectively.

(Ord. No. 3973, § 5, 12-11-07)

(Ord. No. 4026, § 5, 11-23-10; Ord. No. 4072, § 5, 11-12-13; Ord. No. 4121, § 5, 11-8-16; Ord. No. 4172, § 5, 11-5-19; Ord. No. 4222, § 5, 11-8-22; Ord. No. 4270, § 5, 10-28-25)

Editor's note— Former § 26-3.1 was repealed and replaced by Ord. No. 3973.

(a) Pursuant to Health and Safety Code Sections 17961 and 17964, the building division of the department of development services is designated as the Butte County housing department and the building official is designated with the authority, within the County of Butte, to enforce: Part 1.5 of Division 13 of the Health and Safety Code, entitled "Regulation of Buildings Used for Human Habitation" and commencing with Section 17910; the building standards published in the State Building Standards Code; and any other rules and regulations promulgated pursuant to the provisions of said Part 1.5 for the protection of the public health, safety, and general welfare as set forth in Health and Safety Code Section 17921.

(b) Reserved.

(Ord. No. 3354, § 4, 9-23-97; Ord. No. 3498, § 2,3-23-99)

Editor's note— Section 3 of Ord. No. 3010, adopted May 19,1992, repealed § 26-3.2 in its entirety. Formerly, § 26-3.2 pertained to special fire separation requirements and derived from § 5 of Ord. No. 2269, adopted Mar. 9, 1992. Ord. No. 3354, § 4, adopted Sept. 23, 1997, enacted a new § 26-3.2 to read as herein set out.

(a) The building official may, in exercising his or her authority to determine the occupancy classification of a structure, the building code requirements applicable thereto and the uses allowed, in accordance with a Residential Accessory Building and Space-Use Matrix approved by the Director of Development Services, recommend the recordation of a notice or deed restriction specifying the allowed limited use of the structure.

(b) If the building official recommends the recordation of such a notice or deed restriction, the Director of Development Services is authorized to require recordation of a notice or deed restriction specifying the allowed limited use of the structure, as a condition of the issuance of a ministerial building permit for construction or modification of the structure. The notice or deed restriction shall remain in effect until a change in use or character of use has been approved by the building official or a change in law has occurred, either of which change allows the uses otherwise restricted to be conducted. Under either circumstance allowing such change of use, the owner of the property in question shall be entitled to have the notice or deed restriction rescinded, and the Director of Development Services is authorized to sign a rescission of the notice or deed restriction, which rescission shall then be recorded.

(Ord. No. 3876, § 1, 4-13-2005)

Editor's note— Ord. No. 3354, § 5, adopted Sept. 23, 1997, repealed former § 26-3.3 of the Code, which pertained to smoke and heat detectors and derived from Ord. No. 2269, § 6, adopted March 9, 1982.

(a) Post-Disaster Safety Assessment Placards and Standard for Repair of Damaged Structures. The Board of Supervisors adopts and incorporates by reference, as though set forth in full in this section, the Disaster Safety Assessment Placards and Standard for Repair of Damaged Structures.

(b) Purpose and Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or manmade disaster. This chapter further authorizes the Building Division representative to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. This chapter also provides a defined level of repair for buildings damaged by a natural or manmade disaster where a formal state of emergency has been proclaimed by the Board of Supervisors.

(c) Application of Provisions. The provisions of this chapter are applicable, following each natural or manmade disaster, to all buildings and structures of all occupancies regulated by Butte County.

(d) Definitions.

"Damage ratio" is the estimated value of repairs required to restore the structural members to the estimated replacement value of the building or structure.

"Safety assessment" is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or manmade disaster.

(e) Placards.

1. The following are descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures:

INSPECTED — Lawful Occupancy Permitted (Green in color) is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

RESTRICTED USE — (Yellow in color) is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE — Do Not Enter or Occupy (Red in color) is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered except as authorized in writing by the Building Division. Safety assessment teams shall be authorized to enter these buildings. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

2. This section number of the Butte County Code, the name of the department, its address, and phone number shall be listed on each placard.

3. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building department or upon written notification from the department.

(f) Structural Repairs. Structural repairs shall comply with Chapter 34 of the current adopted California Building Code.

(Ord. No. 4026, § 6, 11-23-10; Ord. No. 4072, § 6, 11-12-13)

Editor's note— Ord. No. 3527, § 4, adopted June 8,1999, repealed former § 26-3.5 of the Code which pertained to fire sprinklers and derived from Ord. No. 2269, § 1, adopted March 9, 1982; and Ord. No. 3354, § 6, adopted Sept. 23, 1997.

(a) Legal Access. Any person applying for a building permit for a new living unit or new commercial building on a lot which does not front on and have direct access to a publicly maintained road shall submit with the application a report from a title company or letter from a licensed surveyor or registered civil engineer attesting to the fact that there is legal access from the lot upon which the building is to be constructed to a publicly maintained road. "Legal access" means the right of vehicular travel within a legal right-of-way, established, created or approved by a recorded deed, court order or other document of record. If the director of public works determines that the legal right-of-way is not sufficient width to allow construction of a road of a width complying with the road improvement standards specified in subsection (b) below, he or she may nevertheless approve issuance of the building permit, waive the width requirements of such standards, and allow construction of a road having a traveled way of a width less than that specified in such standards, but in no event less than a width of sixteen (16) feet.

(b) Road Improvement Standards.

(1) Lot not fronting publicly maintained road.

a. Urban area. Any person applying for a building permit for a new living unit or new commercial building on a lot within one (1) of the urban areas designated in the improvement standards for subdivisions, parcel maps and site improvements pursuant to chapter 20 of the Butte County Code, which lot does not front on and have direct access to a publicly maintained road, shall be required to demonstrate prior to issuance of the permit:

1. that any road extending along the frontage of the lot where the building in question is to be constructed is improved to the same standard specified for subdivisions in the improvement standards for subdivisions, parcel maps and site improvements pursuant to Chapter 20 of the Butte County Code in effect as of the date of the building permit application; and

2. that the road from said lot to a publicly maintained road (or to a road improved to county standards pursuant to the requirements of a subdivision map recorded on or after July 1, 1949 or of a parcel map recorded on or after May 4, 1972) is improved to the following standard: RS 8-LD-IV

b. Rural area. Any person applying for a building permit for a new living unit or commercial building on a lot which is not in such an urban area and does not front on and have direct access to a publicly maintained road shall be required to demonstrate prior to issuance of the permit that any road extending along the frontage of the lot where the building in question is to be constructed and the road from said lot to a publicly maintained road (or to a road improved to county standards pursuant to the requirements of a subdivision map recorded on or after July 1, 1949 or of a parcel map recorded on or after March 4, 1972) are improved to the following standard: RS-8-LD-III

c. Exception. If the applicant demonstrates to the satisfaction of the director of development services that the number of existing residential dwelling units in the subdivision exceeds fifty percent (50%) of the number of original lots in the subdivision in which the lot is located excepting therefrom any lot which has been altered by a subdivision map recorded on or after July 1, 1949 or by a parcel map recorded on or after March 4, 1972, then the requirements of subsections (b)(1)a. and (b)(1)b. above shall not apply.

(2) Lot fronting publicly maintained road. Any person applying for a building permit for a new living unit or new commercial building on a lot which fronts on and has direct access to a publicly maintained road or roads shall be required to demonstrate prior to issuance of the permit that the property frontage along said publicly maintained road or roads is improved to the same road standard specified for subdivisions in the improvement standards for subdivisions, parcel maps and site improvements pursuant to Chapter 20 of the Butte County Code in effect as of the date of the building permit application. Provided, however, that if the applicant demonstrates to the satisfaction of the director of development services that the number of existing residential dwelling units in the subdivision exceeds fifty percent (50%) of the number of original lots in the subdivision in which the lot is located excepting therefrom any lot which has been altered by a subdivision map recorded on or after March 4, 1972, then the requirements of this subsection (2) shall not apply.

(c) Lots Affected. The requirements of subsections (a) and (b) above shall apply only to subdivision lots which are not developed with legally constructed and maintained living units or commercial buildings, which are less than five (5) acres in size and which were created prior to July 1, 1949, or to any portion or combination of such lots. The requirements of sections (a) and (b) shall not apply to any portion or combination of such lots created by subdivision map on or after July 1, 1949 or by parcel map on or after March 4, 1972.

(Ord. No. 2922, § 3, 4-2-91; Ord. No. 2938, § 3, 6-25-91; Ord. No. 2959, § 1, 10-15-91; Ord. No. 3001, § 11, 5-5-92; Ord. No. 3030, § 1, 9-1-92)

Editor's note— Section 26-4, prescribing fire zones, derived from Ord. No. 970, §§ 1—5, and Ord. No. 1572, § 1, adopted April 29, 1975, was repealed by § 8 of Ord. No. 2269, adopted March 9, 1982. Subsequently § 3 of Ord. No. 2922, adopted and effective as an urgency ordinance on April 2, 1991, added a new § 26-4. This action was reaffirmed by § 3 of Ord. No. 2938, adopted June 25, 1991, effective July 25, 1991.

Editor's note— Ord. No. 3534, § 1, adopted July 13, 1999, repealed former § 26-4.1, which pertained to special building regulation zone and derived from Ord. No. 1159, § 1, adopted March 23, 1971.

This chapter shall constitute such an ordinance as is referred to in section 17951 of the Health and Safety Code.

(Ord. No. 886, § 3)

(a) 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 to do any grading, or cause or permit the same to be done, in violation of this chapter.

(b) It shall be unlawful for any person to enter or remain in any building in violation of any notice or order given or issued by the building official pursuant to this chapter if the building is deemed and declared to be a substandard building pursuant to Health and Safety Code Section 17920.3 due to the existence of a condition which endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof.

(c) The use or occupancy of any building or other property in violation of any of the provisions of this chapter is hereby declared to be a public nuisance and may be abated in the manner provided by law.

(Ord. No. 886, §§ 11, 12; Ord. No. 2053, § 4, 10-9-79; Ord. No. 2670, § 2, 3-22-88; Ord. No. 2793, § 2, 11-21-89; Ord. No. 3354, § 7, 9-23-97)

Cross reference— Penalty, § 1-7(b).

Any person applying for a building permit for a new living unit or new commercial building on a subdivision lot which is not developed with a legally constructed and maintained living unit or commercial building and which is less than five (5) acres in size created prior to July 1, 1949, or on any portion or combination of such lots, shall demonstrate prior to issuance of the permit that said lot, portion or combination meets the minimum parcel area and frontage requirements in the applicable zoning ordinance, unless:

(1) Such lot or portion or combination is a merged lot resulting from a merger approved pursuant to Section 20-180.2 of the Butte County Code;

(2) Such lot or portion or combination was created by subdivision map on or after July 1, 1949, or by parcel map on or after March 4, 1972; or

(3) The applicant submits evidence establishing that be or she has a vested right to proceed with the development without complying with such minimum parcel area and frontage requirements.

(Ord. No. 2938, § 4, 8-25-91)

Editor's note— Section 1 of Ord. No. 1535, adopted Dec. 12, 1974, repealed former § 26-7 pertaining to the mechanical code and derived from Ord. No. 1261, adopted March 21, 1972. See Ch. 26B for new provisions relative to the mechanical code. Subsequently, § 4 of Ord. No. 2938, adopted June 25, 1991, added a new § 26-7.

Where the building is to be located either adjacent to or within a zone established for the production of food, fiber, livestock, timber or other agricultural operations prior to the issuance of a building permit the applicant shall be required to either:

(a) Record a statement of acknowledgement by the owners of the property on a form approved by the department of development services containing the following statement:

"The property described herein is adjacent to land or included within an area zoned for agricultural purposes, and residents of this property may be subject to inconveniences or discomfort arising from the use of agricultural chemicals, including, but not limited to herbicides, pesticides and fertilizers, and from the pursuit of agricultural operations including, but not limited to, cultivation, plowing, spraying, pruning and harvesting which occasionally generate dust, smoke, noise and odor. Butte County has established agricultural zones which have as a priority use for productive agricultural purposes, and residents within said zones and on adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary farm operations."

(b) Provide evidence that the statement set forth in (a) above has been made part of the deed covering the conveyance of the property on which the building is to be constructed.

(Ord. No. 2238, § 6, 7-21-81; Ord. No. 3001, § 10, 5-5-92)