Calaveras County Municipal Code Ch. 15.12 Regulations for Limited Density Owner-Built Rural Dwellings

This chapter is adopted in accordance with the provisions of Health and Safety Code Section 17958.2 and Article 8, Subchapter 1, Chapter 1, Division 1, of Title 25, California Code of Regulations.

(Ord. No. 3145, § 1, 10-27-2020)

A. The purpose of this chapter is to make Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations, as modified herein, operative on limited density owner-built rural dwellings in Calaveras County (as defined in Section 15.12.040, "Definitions" herein), and to relax typical building standards for this category of dwelling while also providing minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of such dwellings and appurtenant structures.

B. It is also the expressed purpose of this chapter to conform the regulations regarding the construction and use of such dwellings and appurtenant structures to the requirements of Article 1, Section 1 of the California State Constitution, and the statutes of the state of California.

C. It is also the purpose of this article to support the use of alternative construction design, materials and methods that protect the environment, improve economic viability of sustainable construction, aid affordability of construction improvements, increase participation and consumer protection through promoting lawful construction activity, enhance owner equity in the improvement of property, and provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of limited density owner-built rural dwellings and appurtenant structures.

(Ord. No. 3145, § 1, 10-27-2020)

The provisions of this chapter shall apply to the construction, enlargement, conversion, alteration, repair, use, maintenance, and occupancy of limited density owner-built rural dwellings, and appurtenant structures to be constructed and used solely by the owner of the property or by the owner's family. It is the intent of this article that the requirements contained herein shall apply to seasonally or permanently occupied dwellings, detached bedrooms, and guest houses, located in rural areas and solely occupied as the principal residence of the owner or the owner's family. The requirements will also apply to barns, sheds, shops or other appurtenant structures, not intended for human habitation, to be constructed and used solely by the owner of the property, or by the owner's family.

(Ord. No. 3145, § 1, 10-27-2020)

For the purposes of this article the following definitions shall apply:

A. "Appurtenant Structures." Structures directly related to the primary residential use of a limited density, owner-built rural dwelling, including, but not limited to, detached bedrooms or hobby rooms used as living space, garages, or pump houses. Appurtenant structures also include, but are not limited to, shops, barns, or sheds, including those considered accessory to the dwelling.

B. "Building Official." The person identified as the building official pursuant to Calaveras County Code Section 16.03.030.

C. "Limited Density Owner-built Rural Dwelling." Any structure consisting of one or more habitable rooms intended or designed to be occupied by one family with facilities for living and sleeping, located in a "rural" area as defined in this chapter.

D. "Owner-built." Construction that meets the following requirements:

1. Construction that is not intended for sale, lease, rent, or employee occupancy; and

2. Construction that is either:

a. By a general contractor licensed to practice in the state of California who contracts directly with the person or persons owning the property at the time construction is commenced for occupancy by that person or persons owning the property as their principal residence; or

b. By any person or family who acts as the general contractor for, or the provider of, part or all of the labor necessary to build housing to be occupied by that person or family as their principal residence.

E. "Rural." For the purposes of this chapter, "rural" shall mean legal parcels in unincorporated areas of the county that meet all of the following criteria:

1. Located within U, GF, TP, A1, AP, RA, and RR zones of unincorporated areas of Calaveras County outside of community areas as identified on the Land Use Map (Figure LU-1) of the Calaveras County General Plan.

2. A parcel created in compliance with state and local law.

3. A parcel with a sewer connection or of sufficient size and configuration to fulfill the minimum onsite wastewater disposal system setbacks to all property lines and all other setbacks required by law.

F. "Substandard Building." A structure or portion of a structure in which there exists any condition that endangers the life, health, property, safety or welfare of the public or the occupants thereof. Except as amended by the provisions of this chapter and except as otherwise preempted by statute, Section 17920.3 of the California Health and Safety Code, shall be the determining criteria for what constitutes a "substandard building".

G. "Sound Structural Condition." A structure shall be considered to be in "sound structural condition" when all portions of the structure are adequately constructed to resist expected gravity and lateral forces from wind and seismic forces. Building plans must provide sufficient detail to determine how gravity and lateral forces are distributed vertically and horizontally from their points of origin to the load resisting elements. Portions of the structures that are irregular in shape, complex design, or incorporate unusual building materials or practices may require design by a California registered design professional at the discretion of the building official.

H. "Unreasonable Hardship." Unreasonable hardship exists when the building official finds that compliance with the requirement for a minimum of three years of owner occupancy is unfeasible, due to circumstances forcing the sale or rental of the property, including, but not limited to, the death, divorce, loss of employment or income, or disability of the owner, supported by sufficient documentary information provided by the applicant.

(Ord. No. 3145, § 1, 10-27-2020)

A. Only limited density owner-built, rural dwellings and associated appurtenant structures shall be eligible to be permitted pursuant to this chapter, not dwellings intended for sale, lease, rent, or employee occupancy.

B. For the purposes of this chapter the sale, lease, renting or employee occupancy of owner-built structures within three years of the issuance of a certificate of occupancy shall be presumptive evidence that the structure was erected for the purpose of sale, lease, renting, or employee housing. The three-year period of required owner occupancy may be waived in cases of unreasonable hardship.

C. Accessory dwelling units in conformance with Calaveras County Code and Section 65852.2 of the California Government Code using a limited density owner-built rural dwelling permit shall be allowed for a family member using the same criteria as the primary dwelling. During or after original construction, additions may be permitted to be made to such a dwelling under this chapter, and appurtenant structures may be permitted under this chapter after approval by the building department.

(Ord. No. 3145, § 1, 10-27-2020)

A. Every violation of the regulatory or prohibitory provisions of this chapter and all structures or portions thereof which are determined by the building official to constitute a substandard building are hereby declared to be a public nuisance and may be abated in accordance with Chapter 8.06 of the Calaveras County Code and by any other means required by or available by law "…unless the building official, in his/her discretion, determines that abatement should be deferred due to extreme hardship.

B. The critical concern in the promulgation of this chapter is to provide for health and safety while maintaining respect for the law and voluntary compliance with the provisions of this chapter, and therefore, in the event that an order to correct a substandard condition is ignored, it is the intent of this section that administrative abatement procedures should be the first remedy pursued by the building official. Notwithstanding the foregoing, this section is cumulative to all other remedies now or hereafter lawfully available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Calaveras County Code.

(Ord. No. 3145, § 1, 10-27-2020)

The building department shall record a "notice of limited allowed use" for each dwelling permitted under this chapter. This notice shall disclose:

A. The nature of the dwelling and appurtenant structures, and that the structure(s) have been permitted under this chapter as limited density owner-built rural dwellings or associated structures, this chapter having been authorized pursuant to Article 8, Subchapter 1, Chapter 1, Division 1, of Title 25 of the California Code of Regulations.

B. That the dwelling may not be sold, leased, rented, or employee occupied for a period of three years after recordation except in cases of unreasonable hardship as determined by the Calaveras County Building Official; and

C. That, if the dwelling is intended to be used for rent or lease at any time in the life of the structure, the dwelling and its appurtenant structures shall be brought into compliance with the most current provisions of the California Code of Regulations, Title 24, Building Standard Code, under a valid building permit that is not issued pursuant to this chapter.

(Ord. No. 3145, § 1, 10-27-2020)

Building permits shall be required for the construction of limited density owner-built rural dwellings and appurtenant structures. The application, plans, and other data filed by an applicant for such a permit shall clearly state that it is for a "Title 25 Limited Density Owner-Built Rural Dwelling and/or Appurtenant Structure" and shall be reviewed by the building department to verify compliance with the provisions of this chapter and Article 8 of Title 25 of the California Code of Regulations. Prior to receiving a permit under this chapter, the parcel owner(s) shall enter into the county's standard indemnification agreement holding the county harmless from legal challenges based on its issuance of the permit. When the building official determines that the permit application or other construction document indicate that the structure(s) will comply with the provisions of this chapter, the building official shall issue a permit to the applicant.

(Ord. No. 3145, § 1, 10-27-2020)

Permits shall not be required pursuant to Section 15.12.110 for small or unimportant work, or alterations or repairs that do not present a potential health or safety hazard, and which are in conformance with county zoning requirements and property standards. The determination, if any, of what work is properly classified as "small" or "unimportant" or "do not present a potential health and safety hazard" shall be made by the building official. Examples of work exempt from permits include, but are not limited to, the exemptions listed in the currently adopted edition of the California Residential Code.

(Ord. No. 3145, § 1, 10-27-2020)

A. A building permit shall be obtained under this chapter for any existing limited density owner-built rural dwelling or appurtenant structure that was constructed or was partially constructed within the unincorporated territory of the county without a building permit.

B. The applicant must be the owner of the land on which the dwelling or structure is located at the time of application and issuance of a permit under this chapter.

C. The existing dwelling or structure shall meet all standards required by this chapter.

D. An inspection of the dwelling shall be made by the Building Official to determine that the requirements of this chapter have been substantially met.

(Ord. No. 3145, § 1, 10-27-2020)

To obtain a permit, the applicant shall first file an application with the building department. Permit applications shall contain the following information:

A. Name and mailing address of the applicant;

B. Address, assessor's parcel number, and location of the proposed structure(s);

C. A general description of the structure(s) which shall include mechanical installations with all clearances and venting procedures detailed, electrical installations, plumbing fixtures, foundation, structural, and construction details;

D. A site plan indicating the location of the dwelling in relation to property lines, roads/driveways, other structures, sanitation and bathing facilities, water resources and water ways, slope of site, major land features, and any information necessary to establish fire safety and accurate address assignment;

E. Approval for the installation of a private sewage disposal system or alternate waste disposal means from the Calaveras County Department of Environmental Health;

F. A signed statement by the property owner(s) that the building or structure is to be owner-built as a primary residence for him/herself or a family member;

G. The signature of the owner, contractor, or authorized agent;

H. The use or occupancy for which the work is intended; and

I. Any other data or information as may be required by statute, Calaveras County regulation, or the building department.

(Ord. No. 3145, § 1, 10-27-2020)

Plans shall consist of a general description of the structure(s), including all necessary information to facilitate a reasonable judgment of conformance by the building official. This shall include a diagram of the floor plan and site elevation in order to determine the appropriate dimensions of structural members. Architectural drawings and structural analyses shall not generally be required. However, for structures of complex design or unusual conditions for which the building official cannot make a reasonable judgment of conformance to this chapter based upon the general description and simplified plan(s), the building official may require additional supporting information sufficient to make a judgment as to the integrity of the design.

(Ord. No. 3145, § 1, 10-27-2020)

The building official may, at his/her discretion, waive the submission of any plans if he or she finds that the nature of the work applied for is such that the reviewing of plans is not necessary to obtain compliance with this chapter.

(Ord. No. 3145, § 1, 10-27-2020)

Modifications to the design, materials, and methods of construction are permitted, provided that the structural integrity of the building or structure is maintained, the building continues to conform to the provisions of this chapter, and the building official is notified in writing of the intended modification.

(Ord. No. 3145, § 1, 10-27-2020)

Permits shall be valid for a minimum period of three years. The building official may grant extensions for good cause of up to one year at a time by owner's request. Extension requests shall be made in writing to the building official and shall include the address of the work, the building permit number, and evidence of good cause for the extension.

(Ord. No. 3145, § 1, 10-27-2020)

All construction or work for which a permit is required pursuant to this article shall be subject to inspection by the building official. Unless the structure will utilize simple or conventional construction, as determined by the building official, required inspections shall consist of a foundation inspection prior to placement of concrete, a concrete slab or under-floor inspection, a rough framing, plumbing, electrical, and mechanical inspection prior to covering of walls, and a final inspection. Structures that the building official deems in advance as ones utilizing simple or conventional construction will only receive a final inspection. The final inspection shall be conducted after the structure(s) is completed and ready for occupancy, in order to determine compliance with the provisions of this chapter. Other inspections may be required by the local fire district, and/or the Calaveras County Department of Environmental Health.

(Ord. No. 3145, § 1, 10-27-2020)

Additional inspections may be conducted under the following circumstances: An inspection shall be conducted where there is a reasonable expectation that the foundation system will be subjected to excessive vertical or lateral movement due to site topography, expansive soils, or other unstable soil conditions; or the application indicates that interior wall coverings or construction elements will conceal underlying construction, electrical or mechanical systems; or where an unconventional construction method is indicated which would preclude examination at a single inspection.

(Ord. No. 3145, § 1, 10-27-2020)

Inspections may be waived by the building official for structures which do not contain electrical or mechanical installations or for alterations, additions, modifications, or repairs that do not involve electrical or mechanical installations.

(Ord. No. 3145, § 1, 10-27-2020)

It shall be the duty of the applicant to notify the building official that the construction is ready for inspection and to cause the work to remain accessible and exposed for inspection purposes, and to provide access to the premises. Inspections shall be requested by the applicant at least twenty-four hours in advance of the intended inspection. It shall be the duty of the building department to notify or inform the applicant of the day during which the inspection is to be conducted.

(Ord. No. 3145, § 1, 10-27-2020)

After the structure(s) is completed for occupancy/use and any inspections which have been required by the building official have been conducted, and work approved, the building official shall issue a certificate of occupancy for such dwelling(s) and appurtenant structure(s) which comply with the provisions of this chapter.

(Ord. No. 3145, § 1, 10-27-2020)

The use and occupancy of a portion or portions of a dwelling or appurtenant structure prior to the completion of the entire structure pursuant to this chapter shall be allowed, provided that approved sanitary facilities are available at the site and that the work completed does not create any condition that endangers life, health or safety of the public or occupants. As described in Title 25, Section 118 of the California Code of Regulations, the occupants of any such uncompleted structure shall assume sole responsibility for the occupancy of the structure or portion thereof.

(Ord. No. 3145, § 1, 10-27-2020)

Fees, which shall be determined by resolution of the Calaveras County Board of Supervisors, shall be required and collected by the building official to provide for the cost of administering the provisions of this chapter. Permit and inspection fee schedules shall be established to reflect the actual inspection and administrative costs resulting from the application of this chapter.

(Ord. No. 3145, § 1, 10-27-2020)

A. Each structure shall be maintained in a sound structural condition to be safe, sanitary, and to shelter the occupants from the elements.

B. Each structure shall be constructed in accordance with applicable requirements contained in Subchapter 2-12, Title 24 of the California Code of Regulations.

C. Except as amended by the provisions of this chapter and except as otherwise preempted by statute, Section 17920.3 of the California Health and Safety Code, shall be used in determining compliance with the standards of this chapter.

D. In the alternative to Section 156.12.260(C), and except as amended by the provisions of this chapter and except as otherwise preempted by statute, the building official shall use the plans of a certified architect, civil engineer, or structural engineer to determine compliance with the standards of this chapter.

E. Generators shall be in full compliance with the county's noise ordinance at Chapter 9.02 of the county code and shall meet all requirements of the Calaveras County Air Pollution Control District and Certified Unified Program Agency (CUPA).

(Ord. No. 3145, § 1, 10-27-2020)

It shall be the purpose and intent of this chapter to allow the use of ingenuity and preferences of the builder; to allow and facilitate the use of alternatives to the specifications prescribed by the latest adopted version of the technical codes to the extent that a reasonable degree of health and safety is provided by such alternatives; and to assure that the materials, methods of construction, and structural integrity of the structure shall perform in application for the purpose intended. To provide for the application of this chapter, it shall be necessary for the building official to exercise reasonable judgment in determining the compliance of appropriate structures with the general and specific requirements of this chapter and state law.

(Ord. No. 3145, § 1, 10-27-2020)

Except as otherwise required by this chapter, dwellings and appurtenant structures constructed pursuant to this chapter need not conform with the construction requirements prescribed by the latest adopted editions of the California Building, Plumbing, Mechanical, and Electrical Codes, or other applicable technical codes; however, it is not the intent of this section to disregard nationally accepted technical and scientific principles relating to design, materials, methods of construction, and structural requirements for the erection and construction of dwelling and appurtenant structures as are contained in the technical codes. Such codes shall be a basis for approval.

(Ord. No. 3145, § 1, 10-27-2020)

A limited density owner-built rural dwelling permit application shall be reviewed for compliance with Public Resources Code Sections 4290 and 4291, and the Calaveras County Code.

(Ord. No. 3145, § 1, 10-27-2020)

A. Structural Requirements. Buildings or structures constructed pursuant to this article may be of any type of construction which will provide for a sound structural condition. Structural hazards which result in an unsound condition, and which may constitute a substandard building, are defined by Health and Safety Code Section 17920.3, as it now exists and as may hereafter be amended.

B. Foundations. Pier foundations, stone masonry footings and foundation systems, pressure treated lumber, poles, or equivalent foundation materials or designs may be used provided that the bearing and lateral stability is sufficient for the purpose intended.

C. Materials. Owner-produced or used materials and appliances may be utilized unless found not to be of sufficient strength or durability to perform the intended function; owner-produced or used lumber may be utilized unless found to contain dry rot, excessive splitting, or other defects obviously rendering the material unfit in strength or durability for the intended purpose. Wall and floor framing shall not be enclosed when the framing members exceed nineteen percent moisture content.

D. Heating Capacity. A heating facility or appliance shall be installed in each dwelling subject to the provisions of this article; however, there shall be no specified requirement for heating capacity or temperature maintenance. The use of a solid fuel or solar heating device shall be deemed as complying with the requirements of this section. If a non-renewable fuel is used in these dwellings, rooms so heated shall meet current installation standards.

E. Room Requirements. There shall be no requirements for room dimensions provided that there is adequate light, ventilation and, means of egress.

(Ord. No. 3145, § 1, 10-27-2020)

A. Sanitation facilities, including the type, design, and number of facilities, shall be shown on plans submitted for the building permit.

B. No dwelling shall discharge wastewater from sanitary facilities other than to an onsite wastewater disposal system that is designed, constructed, operated, and maintained in accordance with the requirements of the onsite wastewater department.

C. No dwelling shall utilize a bathtub or shower and a washbasin, or alternate bathing and washing facility, unless it has been approved by the onsite wastewater department and building official.

(Ord. No. 3145, § 1, 10-27-2020)

Fireplaces, heating and cooking appliances, and gas piping installed in buildings constructed pursuant to this article shall be installed and vented in accordance with the applicable requirements contained in the most currently adopted version of the California Mechanical Code, Part 4, Title 24, California Code of Regulations.

(Ord. No. 3145, § 1, 10-27-2020)

No dwelling or appurtenant structure constructed pursuant to this article shall be required to be connected to a source of electrical power, or wired, or otherwise fitted for electrification.

(Ord. No. 3145, § 1, 10-27-2020)

Where electrical wiring or appliances are installed, the installation shall be in accordance with the applicable requirements contained in the most recently adopted version of the California Electrical Code, Part 3, Title 24, California Code of Regulations. Smoke and carbon monoxide alarms shall be installed per the most current adopted California Residential Code. If electrical wiring is not being installed, alarms may be battery operated and must contain minimum ten-year batteries.

(Ord. No. 3145, § 1, 10-27-2020)

In structures where electrical usage is confined to one or more rooms of a structure, the remainder of the structure shall not be required to be wired or otherwise fitted for electrification unless the building official determines the electrical demands are expected to exceed the confinement and capacity of that room(s). In these instances, the building official may require further electrification of the structure. It is the intent of this section to apply to buildings in which there exists a workshop, kitchen, or other single room which may require electrification, and where there is no expectation of further electrical demand. The building official shall, at the time of a permit application or other appropriate point, advise the applicant of the potential hazards of violating this section.

(Ord. No. 3145, § 1, 10-27-2020)

Plumbing equipment and installation shall be in accordance with the applicable requirements contained in the most recently adopted version of the California Plumbing Code, Part 5, Title 24, California Code of Regulations.

(Ord. No. 3145, § 1, 10-27-2020)