26-3 - Board of appeals.

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.

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.

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

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.