Carpinteria Municipal Code Ch. 15.08 General Provisions

Footnotes:

--- (2) ---

Editor's note— Ord. No. 638, § 2, adopted July 27, 2009, amended Ch. 15.08, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. 15.08 pertained to similar subject matter. See also the Code Comparative Table and Disposition List.

The provisions codified in this title shall be known as the "Carpinteria Building Code," may be cited as such, and will be referenced to in this title as "this Code."

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

The city council expressly finds that the purpose of this Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the city, and certain equipment specifically regulated in this Code.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

This Code is adopted pursuant to the authority granted by Section 11 of Article XI of the State Constitution to a city to make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 to 50022.10, inclusive, of the State Government Code relating to the adoption of codes by reference.

(Ord. 418 § 1, 1987: Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

Whether in this Code or in any of the codes adopted by reference by this Code, another code or publication of standards or of rules or regulations is referred to, any language to the contrary notwithstanding, such reference shall not incorporate by reference such other codes, standards or rules or regulations as part of this Code or of any of the codes adopted by reference by this Code unless set out in full therein, but they shall be considered and may be used by the building official as guides to assist in determining whether or not there has been compliance with the provisions of this Code or any of the codes adopted by reference by this Code. The building official shall not be bound by the provisions of any such other codes, standards or rules or regulations not expressly adopted by reference in this Code in determining such compliance.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

The provisions of this Code shall not be construed to conflict with the provisions of the state housing law, nor any other provisions of state laws or of federal laws. Any requirements of this Code or the codes adopted by this Code which are more strict, or set higher standards than requirements of applicable state or federal laws, shall be deemed supplementary and additional thereto and shall be strictly complied with, and no such less strict or lower federal or state requirements shall be used as an excuse or reason to fail to fully comply with the standards and requirements of this Code and the codes adopted by this Code. The provisions of this Code are adopted with knowledge of existing general law. Wherever general law is not applicable, either as a result of greater restrictions imposed by this Code or otherwise, this Code is intended to be enforced without reference to general law. Whenever there are conflicts and wherever there appear to be conflicts between the provisions of separate codes adopted by reference by this Code or between different sections of the same such code, the provisions which are more strict or which set the higher or highest standards shall prevail.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

It is the intent of the city council to establish minimum standards for the protection of the public health, safety and welfare. This Code shall not be construed to establish standards of performance, strength or durability other than those specified. Neither this Code nor any services rendered in connection with or pursuant to its terms by city officers, inspectors, agents or employees, is intended, nor shall it be construed, as the basis for any express or implied warranties or guarantees to any person relative to or concerning any structure or part, portion or appurtenance thereto or thereof, constructed, erected, altered, enlarged, repaired, moved, replaced or removed pursuant to this Code or any permits granted under this Code. No cause of action shall arise in favor of any person against the city or any of its officers, inspectors, agents or employees because any structure or portion thereof erected, constructed, altered, enlarged, repaired, moved, replaced or removed, or any appurtenance, system, wiring, plumbing, mechanical equipment, devices or appliances installed, maintained, repaired or replaced under this Code, do not meet the standards prescribed elsewhere as to performance, strength, durability or other characteristics.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

A. This Code shall apply within all of the territory of the city.

B. The provisions of this Code shall apply to the construction, alteration, moving, demolition, repair and use of any building or structure and driveways in the R-1 zone district located within the city. It is unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, mechanical or electrical work which is regulated by the codes adopted by this Code in a building, structure or premises or driveway in the R-1 zone district without first obtaining a permit to do such work from the building official except as provided elsewhere in the code. Maintenance or repair of an existing driveway shall be exempt from the permit requirements of this section.

C. Prior to issuance of building permits certain additions as outlined in Chapter 2.36 of this Code require review by the architectural review board.

(Ord. 539 § 1 (part), 1997; Ord. 536 § 1 (part), 1997; Ord. 418 § 2, 1987: Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

At least one certified copy of each of the "primary building codes," the "primary electrical code," the "primary plumbing code," the "primary housing code" and the "primary mechanical code" is on file in the office of the city clerk and such certified copy of the codes shall be kept at that office for public inspection while this Code is in force.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

This paragraph is intentionally left blank.

(Ord. 418 § 3, 1987: Ord. 377 § 1 (part), 1985)

A. The Carpinteria building code includes all provisions within this title and those certain model codes listed below which codes were promulgated, copyrighted, and published by the International Code Council, Inc. and the California Building Standards Commission, the purpose and subject matter of which among other things is to protect the public health and safety. Further, those codes listed below are adopted by reference with the same force and effect as if fully set forth in this Code with the modifications set forth in Subsection B. of this section.

1. 2019 California Building Code, Volumes 1 and 2, promulgated by the California Building Standards Commission including Appendix Chapters G and J.

2. 1997 Uniform Housing Code, published by the International Conference of Building Officials;

3. 2019 California Electrical Code, promulgated by the California Building Standards Commission;

4. 2019 California Plumbing Code, promulgated by the California Building Standards Commission including Appendix Chapters I (Installation Standards) and K.

5. 2019 California Mechanical Code, promulgated by the California Building Standards Commission;

6. 2019 California Administrative Code, promulgated by the California Building Standards Commission;

7. 1997 Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials.

8. 2019 California Historical Building Code, promulgated by the California Building Standards Commission;

9. 2019 California Existing Building Code, promulgated by the California Building Standards Commission;

10. 2019 California Energy Code, promulgated by the California Building Standards Commission;

11. 2019 California Green Building Standards Code, promulgated by the California Building Standards Commission;

12. 2019 California Residential Code, promulgated by the California Building Standards Commission including Appendix Chapters V.

13. 2019 California Referenced Standards Code, promulgated by the California Building Standards Commission.

B. The City Council expressly finds provisions of Sections 15.04.010 through 15.04.090, 15.08.180, 15.08.200, 15.16.100, 15.16.110, 15.16.140, 15.16.150, 15.16.160, 15.20.020, 15.24.020, 15.28.020, 15.32.020 and 15.36.020 of this Code are necessary to meet local conditions in the city.

(Ord. 588 (part), 2002: Ord. 560 § 1, 1999: Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009; Ord. No. 714, § 2, 4-10-2017; Ord. No. 736, § 2, 2-10-2020)

Wherever in this Code or in any of the codes adopted by reference, time limits are specified for the commencement or completion of any acts or for ceasing to perform any acts, such time limits may be extended by the building official for good cause shown.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

Whenever any structure is being used contrary to the provisions of this Code or of any of the codes adopted by reference by this Code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten days after receipt of such notice or make the structure, or portion hereof, comply with the requirements of this Code or of any of the codes adopted by reference by this Code; provided, however, that in the event of an unsafe or substandard building the provisions of Sections 15.16.150 and 15.16.160 of this Code shall apply.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

It is 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 in the city or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted.

(Ord. 378 § 20, 1985: Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

Any person who commences work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee for such work; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the building official that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as herein provided in this section shall be charged.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

A. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter or code, rule or regulation incorporated by reference as part of this chapter. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful.

B. The issuance or granting of a permit or approval of plans shall not prevent the building official from thereafter requiring the correction of errors in such plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

A. Whenever any work is being done contrary to the provisions of this Code or of any of the codes adopted by reference by this Code, the building official may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed.

B. Whenever any structure is being used contrary to the provisions of this Code or of any of the codes adopted by reference by this Code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten days after receipt of such notice or make the structure or portion thereof comply with the requirements of this Code or of any of the codes adopted by reference by this Code; provided, however, that in the event of an unsafe or substandard building the provisions of Section 15.16.140 of this Code shall apply.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

A. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code or by the codes adopted by reference by this Code or other applicable law, the building official or authorized representative is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the building official by this Code or by the codes adopted by reference by this Code or other applicable law; provided, that if such property is occupied, s/he shall first present proper credentials to the occupant and request entry, explaining the reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the building official or authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

B. Notwithstanding the foregoing, if the building official or authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe, substandard or dangerous as to require immediate inspection to safeguard the public health or safety, s/he shall have the right to immediately enter and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, s/he shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

C. "Authorized representative" shall include the officers, inspectors and assistants appointed pursuant to Section 15.12.020 of this Code.

D. No person shall fail or refuse, after proper demand has been made upon him as provided in this section, to promptly permit the building official or authorized representative to make any inspection provided for by this section. Any person violating this section shall be guilty of a misdemeanor and punishable as provided in Sections 1.08.010, 1.08.020 and 15.08.030 through 15.08.160 of this municipal code.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

Any person, firm, or corporation that opposes the application of a building standard within a particular area may file an appeal in writing to the "local appeals board." The city council is expressly declared to be the "local appeals board" referred to in the State Housing Law, particularly Sections 17920.5 and 17925 of the State Health and Safety Code, and is expressly declared to be the board or agency of the city authorized by the governing body of the city to hear appeals regarding the applicability of building standards to a particular area based upon existing conditions or factors, and the city council shall have all of the power and authority conferred on a local appeals board under sections 17920.5 and 17925 of the State Health and Safety Code. The order of the city council upon such appeal shall be final immediately.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

The entire city is classified as within fire zone 3 for the purposes of the building code.

(Ord. 560 § 2, 1999: Ord. 418 § 4, 1987: Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)

Nothing in this Code shall prohibit the replacement, retention and extension of original materials and the use of original methods of construction as long as the hotel, lodging house, motel, apartment house or dwelling, or portions thereof, or building and structure accessory thereto, complies with the rules and regulations of the commission of housing and community development or alternative city standards adopted pursuant to Section 17920.7 of the Health and Safety Code, and does not become or continue to be a substandard building.

(Ord. 377 § 1 (part), 1985)

(Ord. No. 638, § 2, 7-27-2009)