Ceres Municipal Code Ch. 02 Building Code

This chapter shall be known and cited as the "Ceres Building Code" and may hereinafter be referred to as "Ceres Building Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.02.010. through 15.02.130 are those of the California Building Code or codes adopted therein by reference.

(Ord. No. 2020-1058, § 1, 3-23-2020)

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Enforcement of the Ceres Building Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

(Ord. No. 2020-1058, § 1, 3-23-2020)

In order to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Ceres, the 2022 edition of the California Building Code, title 24, part 2, volumes 1 and 2, published by the International Code Council (ICC), administrative sections, chapter 29, appendices A, C, and I; and amendments, as adopted by the Building Standards Commission of the State of California and codified at title 24, part 2 in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 2022 California Building Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection by the public.

(Ord. No. 2020-1058, § 1, 3-23-2020; Ord. No. 2024-1083, § 1, 7-22-2024)

Section 105.1.1 of the California Building Code is deleted.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Section 105.1.2 of the California Building Code is deleted.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Section 105.3.1 of the California Building Code is amended to read as follows:

PERMIT ISSUANCE. The application, plans, and specifications filed by an applicant for a permit shall be checked by the Building Official. Such plans may be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Official is satisfied that the work described in an application for a permit and the plans filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that the fee established by the City Council has been paid, he or she shall issue a permit therefor to the applicant.

When the Building Official issues the permit, he or she shall endorse in writing, or stamp, on both sets of plans and specifications, "ACCEPTED FOR CONSTRUCTION." Such approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans.

The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the entire building or structure have been submitted to be approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Code. The holder of such permit shall proceed at his or her own risk, without assurance that the permit for the entire building or structure will be granted.

A permit shall not be issued for any new building or structure, or for any building or structure which changes the occupancy as herein defined, when said building is located on property abutting a public road, street, or alley for which improvement standards have been fixed and designated, until additional right of way for the improvement of all roads, streets, or alleys adjoining the property shall be dedicated and the improvements installed and accepted by the City, except as follows:

A. The first time an addition or new structure is added which is four hundred (400) square feet or less.

B. The City Council, by minute action, has granted approval for a second or later addition, or new structure of four hundred (400) square feet or less.

C. Where the existing structure or building has been destroyed by fire or natural disaster.

On garages or carports of four hundred (400) square feet or less, the dedications and improvements shall be constructed on the full street and/or alley frontage(s) to be used by the vehicle when entering and/or exiting the garage or carport. Where improvements are required pursuant to this section, the Building Official may issue a permit to the applicant, if an agreement to dedicate right of way with an approved security is given to insure the construction of improvements, which is accepted by the City Engineer.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Grading permit fees shall be set by resolution of the City Council.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Section 105.5 of the California Building Code is amended to read as follows:

PERMIT EXPIRATION AND EXTENSION: Every permit issued by the Building Official under the provisions of the Code shall expire by limitation and become null and void if the building or work authorized by such permit is not completed within two (2) years from date of issuance. After expiration and before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such expiration has not exceeded one year. In order to renew action on a permit after expiration of more than one year, the permit holder shall pay a new full permit fee.

Any permit holder, holding an unexpired permit may, prior to the expiration of such permit, submit a request in writing to the Building Official for an extension of the permit. Upon the timely receipt of such request by the Building Official, the Building Official may grant a one-year extension of the permit upon the payment of the required fee for the extension, which fee shall be established by resolution of the City Council. No permit shall be extended more than twice.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Section 109.2 through section 109.4 of the California Building Code are amended to add:

A. The City Council shall, by resolution, establish the number of permit fees required or authorized by this chapter to be paid to the Building Official. The determination of value or valuation under any of the provisions of the Code shall be made by the Building Official. The valuation to be used in computing the permit and plan check fee shall be based on the actual, reasonable costs for services provided by the City.

When work for which a permit is required by this Code is started prior to obtaining a permit, a penalty equal to the amount of the permit fee shall be paid in addition to the permit fee but the payment of such penalty and permit fee shall not relieve any persons from fully complying with the requirements of the Code in the execution of the work nor from any other penalties prescribed herein.

B. EXPIRATION OF PLAN CHECK: Applications for which no permit is issued within one hundred eighty (180) days following the submission date of application shall expire by limitation, and plans submitted for checking may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for issuance of a permit for a period not exceeding one hundred eighty (180) days, upon written request filed by the applicant, prior to the expiration of the initial one hundred eighty (180) days, showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

The Building Official may extend the time for issuance of a permit beyond three hundred sixty (360) days from the submission of the application of the permit, provided no changes have been made or will be made in the original plans and specifications for such work; no changes have been made or will be made in the building codes that are applicable to such work; no changes have been made or will be made in developing plans which would affect such work; and provided that such extensions will not prevent the addition of new City fees.

C. REINSPECTION FEE: The fee for each reinspection shall be established by resolution of the City Council.

D. FEES TO GOVERNMENTAL AGENCIES: Plan checking fees and permit fees shall not be required for the issuance of building permits to governmental agencies.

E. ROUTINE PERMIT PROCEDURE: The Building Official is hereby authorized to establish a system for the issuance of routine permits and collection of routine permit fees and to issue such directives and regulations as are deemed necessary to facilitate and govern the operation and administration of such a system.

F. DEPOSITS: A work completion guarantee deposit may be required by the Building Official for demolition or relocation of buildings and where utility connections are requested prior to the completion of any new building or structure. The amount and form of said deposits shall be established, by resolution, by the City Council.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Section 109.6 of the California Building Code is amended to read as follows:

A. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

B. The Building Official may authorize the refunding of not more than eighty (80%) of the permit fee paid, when no work has been commenced under a permit issued in accordance with this Code, and the permit, or any extension thereof, has not expired.

C. The Building Official may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled, before any plan reviewing has commenced.

(Ord. No. 2020-1058, § 1, 3-23-2020)

Section 111.5 is added to the California Building Code to read as follows California Building Code:

Section 111.5 Discontinuance of Utility Services.

A. Whenever a temporary certificate of occupancy is granted under the authority of this Code prior to final inspection and/or final corrections, the occupant, owner, and contractor shall sign a temporary certificate of occupancy prior to occupying the building, agreeing to make all corrections required and/or listed within thirty (30) days of occupancy. If corrections are not completed within thirty (30) days, the Building Official shall have the power to request the immediate discontinuance of all services to the building or structure.

B. If any building or structure is occupied prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, the Building Official shall have the power to request the immediate discontinuance of all utility services to the building or structure.

C. Before a certificate of final inspection and/or certificate of occupancy is issued on any new construction, full public improvements shall be repaired and/or installed and streets shall be dedicated in conformance with the standard specifications of the city and in accordance with the adopted general and specific plans and applicable plan lines of the city.

(Ord. No. 2020-1058, § 1, 3-23-2020; Ord. No. 2025-1089, § 3, 7-28-2025)

Section 112.3 of the California Building Code is amended to read as follows:

Section 112.3 Authority to Disconnect Service Utilities

1. DEFINITION. "Utilities," as used in this section, means the gas, electricity, water, or telephone service served by a public utility

2. AUTHORITY. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code in case of an emergency where necessary to eliminate an immediate hazard to life or property, or in the case where such utility connection has been made without the approval required by sections 112.1 and 112.2. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, of the decision to disconnect prior to taking such action under the following conditions:

A. There is an immediate hazard to life or property.

B. Continued use of public utilities present a hazard to life or property.

C. The public interest is served by removing the utilities.

D. The lack of maintenance presents a hazard to life or property.

E. The utilities contribute to the structure being an active nuisance.

F. The structure has been posted "UNSAFE TO OCCUPY," and the disconnection of the utilities will deter illegal reoccupation of the structure.

G. Modifications have been made to a structure or equipment and said modifications create a hazard to life or property.

H. The connection has been made without approval as required by sections 112.1 or 112.2.

2. NOTICE OF DISCONNECTION.

A. When the Building Official has determined that utilities are to be disconnected, he or she shall notify the owner of the property. The notice shall state the reasons for disconnection and the length of time for the owner to correct.

B. The notice shall be in writing and shall be posted in a conspicuous place upon the property for a period of seven days and be mailed to the property owner as shown on the assessment roll. The mailed notice shall be accompanied by a copy of this chapter.

3. APPEAL

If the property owner objects to the determination of the Building Official that the condition of the property is such as is described in this section, the property owner may file an appeal of the Building Official's determination pursuant to Chapter 14 of this title. If after all exhausting all appeals available under Chapter 14 of this title, the determination of the Building official is upheld, the property owner shall be allowed seven days thereafter to comply after which the Building Official can cause the utilities to be disconnected after providing notice in accordance with this section.

4. DISCONNECTION

If, after giving notice as provided by this section, the owner has failed to comply with the notice or has not successfully objected thereto, the building official shall cause the utilities to be disconnected.

(Ord. No. 2020-1058, § 1, 3-23-2020)