Chico Municipal Code Ch. 16.10 Building Regulations - Building Permits

No person shall erect, re-erect, construct, install, enlarge, repair, replace, remodel, alter, improve, move, remove, convert, or demolish any building or structure, building service equipment, or sign within the city, or cause the same to be done, without a permit required by this chapter.

(Ord. 1646 §4 (part))

A basic building permit shall be required for the erection, construction, enlargement, alteration, repair, improvement, moving, removal, conversion, or demolition of any building or structure in the city; except that a basic building permit shall not be required for the following:

A. Buildings or structures exempted from the basic building standards adopted by Chapter 16.06 of this title;

B. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses if the projected roof area does not exceed 120 square feet;

C. Fences not over 6 feet high;

D. Movable cases, counters, and partitions not over 5 feet high;

E. Retaining walls not over 4 feet in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids;

F. Water tanks supported directly upon grade if the capacity of the tank does not exceed 500 gallons and the ratio of height to diameter or width does not exceed 2 to 1;

G. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below;

H. Painting, papering, and similar finish work;

I. Temporary motion picture, television, and theater stage sets and scenery;

J. Window awnings supported by the exterior wall of a building or structure classified as a Group R, Division 2 and Group M occupancy under the basic building standards adopted by Chapter 16.06 of this title when projecting not more than 54 inches;

K. Prefabricated swimming pools accessory to a building or structure designated as a Group R, Division 3 occupancy under the basic building standards adopted by or pursuant to Chapter 16.06 of this title if the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons;

L. Satellite dish antennas, if the antenna is ground mounted, does not exceed 12 feet in diameter or height and is used in connection with the occupancy of a single family dwelling.

(Ord. 1646 §4 (part))

A. Electrical Permits. An electrical permit shall be required for the installation, alteration, repair, replacement, or remodeling of any electrical equipment on or within any building, structure, or premises in the city; except that an electrical permit shall not be required for the following:

l. Electrical equipment exempted from the electrical standards adopted by Chapter 16.06 of this title;

2. Portable electrical equipment not permanently connected to an electrical supply system;

3. Replacement of lamps and fuses;

4. Minor repair work to electrical equipment.

B. Mechanical Permits. A mechanical permit shall be required for the installation, alteration, repair, replacement, or remodeling of any mechanical equipment on or within a building, structure, or premises in the city; except that a mechanical permit shall not be required for the following:

l. Mechanical equipment exempted from the mechanical standards adopted by Chapter 16.06 of this title;

2. Portable heating appliances, portable ventilating equipment, portable cooling units, or portable evaporative coolers;

3. Any closed system of steam, hot or chilled water piping within heating or cooling equipment;

4. Replacement of any component part or assembly of any appliance which does not alter its original approval and complies with all other requirements of the mechanical standards adopted by Chapter 16.06 of this title;

5. Refrigerating equipment which is part of the equipment for which a mechanical permit has been issued pursuant to this chapter; and

6. Any unit refrigerating system.

C. Plumbing Permits. A plumbing permit shall be required for the installation, removal, alteration, repair, or replacement of any plumbing equipment on or within any building, structure, or premises in the city; except that a plumbing permit shall not be required for the following:

l. Plumbing equipment exempted from the plumbing standards adopted by Chapter 16.06 of this title;

2. Repair work undertaken to stop leaks in drains, soil, waste, or vent pipes not requiring the removal or replacement of any trap, drain pipe, soil, waste or vent pipe or any part thereof; and

3. Work undertaken to clean stoppages or repair leaks in pipes, valves, or fixtures when such work does not involve or require the rearrangement or replacement of valves, pipes, or fixtures.

(Ord. 1646 §4 (part)

A sign permit shall be required for the erection, re-erection, construction, or alteration of any sign on or within a building, structure or premises in the city; except that a sign permit shall not be required for the following:

A. Signs exempted from the sign standards adopted by Chapter 16.06 of this title;

B. The changing of the advertising copy or message on a painted or printed non- electrical sign;

C. The changing of the advertising copy or message on theater marquees and similar signs specifically designed for the use of replaceable copy, whether or not such sign is an electrical sign; and

D. Painting, repainting, or cleaning of a sign unless a structural change is being made.

(Ord. 1646 §4 (part))

Applications for a permit required by this chapter shall be filed with the building division and shall be in a form prescribed by the building official. Such applications shall be signed by the person to whom the permit is to be issued or by such person's authorized agent and shall contain the following information:

A. A general description of the work to be performed;

B. A description of the premises on which the work is to be performed by street address or any other description which will readily identify the location of such premises;

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

D. The estimated value of the work; and

E. Such other information as may be required by the city building official.

(Ord. 1646 §4 (part))

A. Applications for a permit required by this chapter shall be accompanied by one or more sets of plans and specifications, together with such engineering calculations, diagrams, and other data as may be required by the city building official. Plans and specifications submitted with an application for a permit shall be drawn to scale upon substantial paper or cloth, shall be of sufficient clarity to indicate the location, nature, and extent of the work to be performed, and shall show in detail that such work will conform to the building standards adopted by Chapter 16.06 of this title, and any other applicable laws or regulations.

B. The building official may waive the submission of plans and specifications if the building official finds that the nature of the work to be performed is such that the review of plans and specifications is not necessary to obtain compliance with this title, the building standards adopted by Chapter 16.06 of this title, and other applicable laws or regulations.

C. The building official may require plans and specifications, as well as any engineering calculations, diagrams, or other data required to be submitted pursuant to this section, to be prepared by an engineer or architect licensed under the laws of this state.

(Ord. 1646 §4 (part))

An application for a permit required by this chapter which authorizes work on a building, structure, building service equipment or sign located on any lot or parcel within a special flood hazard area as defined in the floodplain regulations adopted by this title, and the plans and specifications accompanying such application, shall include the following additional information:

A. The elevation, in relation to mean sea level, of such lot or parcel and the location and elevation of any existing or new building, structure, building service equipment or sign constructed or installed, or to be constructed or installed on the lot or parcel;

B. The elevation, in relation to mean sea level, of the lowest floor and any basement of all existing or new buildings constructed or to be constructed on such lot or parcel, and the elevation of the highest grade adjacent to any such building located within a “Zone AO” as depicted on the Flood Insurance Rate Map maintained by the building official in the manner required by such floodplain regulations;

C. The elevation, in relation to mean sea level, to which any building or structure is required to be floodproofed as part of the floodplain standards adopted by or pursuant to such floodplain regulations; and

D. A description of the extent to which any watercourse will be altered or relocated as a result of such work.

E. Identification of each other permit which is required to be obtained from any other local, state or federal agency prior to the commencement of the work in the special flood hazard areas which are the subject of the permit required by this chapter.

(Ord. 2131 §1, Ord. 2370 §1)

An application for a permit required by this chapter may be filed only by a person having the following qualifications or such person's authorized agent:

A. Any person who holds a valid contractor's license issued pursuant to Chapter 9, Division 3 of the California Business and Professions Code (commencing with Business and Professions Code Section 7000) and who has applied for a permit to perform the kind of work for which such license was issued;

B. Any person who is an owner-builder or otherwise exempt from the state Contractors' License Law in accordance with the provisions of Article 3, Chapter 9, Division 3 of the California Business and Professions Code (commencing with Business and Professions Code Section 7040).

(Ord. 1646 §4 (part))

When an application for a permit required by this chapter is made by an owner- builder or by the authorized agent of an owner-builder, the building official shall cause the notice and the owner-builder verification form prescribed by Sections 19830 and 19831 of the California Health and Safety Code to be given to the owner-builder. Such notice and owner-builder verification form shall be given to the owner-builder by mail or shall be given to the owner-builder by personally delivering a copy to the person applying for the permit if such person presents identification sufficient to verify that such person is the owner of the building, structure, or premises on or within which the work authorized by the permit is to be performed. No permit shall be issued to an owner-builder unless and until the owner-builder has completed the owner-builder verification form and filed the same with the building division.

(Ord. 1646 §4 (part), Ord. 2268)

Where an application for a permit required by this chapter is made by a person performing work on a building or structure which requires an occupational health and safety permit issued by the industrial safety division of the state Department of Industrial Relations in accordance with the provisions of Part l, Division 5 of the California Labor Code (commencing with Labor Code Section 6300), such application shall be accompanied by proof demonstrating that the person filing the application has been issued such a permit.

(Ord. 1646 §4 (part))

Where an application is filed for a basic building permit to erect, construct, enlarge, alter, repair, improve, move or convert a building or structure, other than a building or structure classified as a Group R, Division 3 or Group M occupancy by the basic building standards adopted by Chapter 16.06 of this title, the building official shall forward a copy of such application and the plans and specifications and any relevant engineering calculations, diagrams and data accompanying the application to the fire chief who shall review same for compliance with the fire and life safety regulations adopted by this title or the laws of this state.

(Ord. 1646 §4 (part))

Where an application is made for a permit authorizing the repair, replacement, remodeling, alteration, improvement, removal or demolition of any building or structure, building service equipment or sign, and the person making the application is not a licensed contractor who has been certified to perform asbestos-related work pursuant to Section 7058.5 of the California Business and Professions Code, such application shall be accompanied by the written certification of the applicant, in a form prescribed by the building official, stating that to the best of the applicant's knowledge the work to be performed pursuant to such permit will not disturb one hundred square feet or more of surface area of asbestos-containing materials. No permit shall be issued to a person pursuant to the provisions of this chapter which authorizes work that will disturb one hundred square feet or more of surface area of asbestos-containing materials unless such person is a licensed contractor certified to perform asbestos-related work pursuant to the provisions of Section 7058.5 of the California Business and Professions Code.

(Ord. 1772 §2 )

Where an application for a permit required by this chapter is filed with the building division, but no permit is issued within 180 days following the date the application is filed by reason of the failure of the applicant to supply plans and specifications together with such engineering calculations, diagrams, or other data and information as required by the building official, the application shall expire and any plans and specifications, engineering calculations, diagrams, or other data and information submitted for review shall thereafter be returned to the applicant or destroyed by the building official. Provided that, where an applicant has failed to supply plans and specifications, engineering calculations, diagrams, and other data and information required by the building official in a timely manner but demonstrates to the satisfaction of the building official that such failure was due to circumstances beyond the applicant's control, then the time for the expiration of the application may be extended by the building official once for a period not exceeding 180 days.

(Ord. 1646 §4 (part))

A permit issued pursuant to the provisions of this chapter shall be in the form prescribed by Section 19895 of the California Health and Safety Code. Such permit shall contain the information and declarations required by Section 19825 of the California Health and Safety Code and any additional information required by the building official.

(Ord. 1646 §4 (part))

A. Following the filing of an application for a permit required by this chapter, the building official shall review the application and any plans and specifications, engineering calculations, diagrams, or other data and information required to be submitted therewith and shall approve and issue a permit to the applicant authorizing performance of the work described in the application upon determining that:

1. The application and all plans and specifications, engineering calculations, diagrams, and other data submitted therewith complies with the building standards adopted by Chapter 16.06 of this title;

2. An owner-builder verification form, when required, has been completed and returned to the building division;

3. Compliance with occupational safety and health permit requirements, if applicable, has been demonstrated;

4. A certificate regarding asbestos-containing materials, when required, has been completed and returned to the building division;

5. The fire chief, when required, has reviewed the application and the plans and specifications, engineering calculations, diagrams and other data submitted therewith for compliance with the fire and life safety regulations adopted by this title or the laws of the state;

6. The declarations set forth in the building permit have been properly executed;

7. All building permit fees and plan check fees required by the schedule of building permit and plan check fees adopted pursuant to this chapter, as well as all sewer fees storm drainage fees, street facility improvement fees, park facility fees and other public improvement fees levied and assessed pursuant to this code have been paid; and

8. If the application is for a permit that will authorize work in a special flood hazard area, all information required to be submitted pursuant to Section 16.10.065 has been provided and any permits identified pursuant to 16.10.065 E which are required to be obtained prior to the commencement of construction in that location have been obtained; and

9. All other requirements of this code or any other applicable laws and regulations have been met.

B. A permit for the construction or installation of part of a building, structure, building service equipment or sign may be approved and issued by the building official before the entire plans and specifications for the whole building, structure, building service equipment, or sign have been submitted or approved if an applicant has submitted sufficient information to demonstrate that the part of the building, structure, building service equipment, or sign to be constructed or installed complies with the standards adopted by Chapter 16.06 of this title and the applicant has met all other conditions for the issuance of a permit required by this section. Provided that, if a permit is approved and issued for the construction or installation of part of a building, structure, building service equipment, or sign, then the permit holder shall proceed with as much of the building, structure, building service equipment, or sign as has been approved at the permit holder’s own risk and without any assurance that a permit for the entire building, structure, building service equipment, or sign will ever be approved and issued.

(Ord. 1646 §4 (part) Ord. 1772 §3, Ord. 2268, Ord. 2370 §2)

Where the building official approves and issues a permit for which plans and specifications have been required, the building official shall endorse in writing or stamp the plans and specifications “approved” and 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 and specifications.

(Ord. 1646 §4 (part))

The building official may issue a permit for the construction or installation of a building or structure on a lot or parcel to be created by a final subdivision map, final parcel map, or certificate of compliance prior to the recordation of such final subdivision map, final parcel map, or certificate of compliance if the director has determined that all of the conditions of the final subdivision map, final parcel map, or certificate of compliance have been fulfilled and that the map or certificate of compliance may be recorded.

(Ord. 1646 §4 (part), Ord. 2012 §3 (part), Ord. 2364 §321)

A. A permit issued pursuant to this chapter shall authorize only that work described in the application for the permit.

B. A permit issued pursuant to this chapter and any plans and specifications approved incident to the issuance of such permit shall not be construed to be a permit for or approval of any violation of this title or other provisions of this code and no permit presuming to give authority to violate this title or other provisions of this code shall be valid.

C. A permit issued pursuant to this chapter which is based on plans and specifications, engineering calculations, diagrams, and other data and information shall not prevent the building official from thereafter requiring correction of errors in such plans and specifications, engineering calculations, diagrams, and other data and information, or from preventing building operations from being carried on thereunder when in violation of this title or any other provisions of this code.

(Ord. 1646 §4 (part))

No person to whom a permit has been issued pursuant to this chapter shall transfer, assign, or convey such permit to another person for the purpose of completing the work for which the permit was issued. When the person to whom the permit was issued no longer has a vested interest in the building, structure, or premises for which the work authorized by the permit is being performed or is no longer responsible for the work being performed, the permit shall automatically become null and void and no person shall proceed with such work without first obtaining a new permit from the building official.

(Ord. 1646 §4 (part))

A. A permit issued pursuant to this chapter shall expire and become null and void if the work authorized by such permit does not commence within 180 days of the date such permit is issued or if, following the commencement of the work authorized by such permit, such work is suspended or abandoned for a period of 180 consecutive days. Provided that, upon a request by a person holding an unexpired permit, the time within which work is to be commenced or resumed under such permit may be extended by the building official once for a period not exceeding 180 days when the applicant demonstrates that circumstances beyond applicant’s control have prevented such work from being commenced or resumed under such permit.

B. Where a permit issued pursuant to this chapter expires after commencement of the work authorized by such permit, the person to whom such permit was issued may renew the permit by paying a new permit fee equal to fifty percent of the building permit fee set forth in the schedule of building permit and plan check fees established by resolution of the city council; provided no changes have been or will be made in the original plans and specifications for such work and the suspension or abandonment of such work has not exceeded a period of one year.

(Ord. 1646 §4 (part), Ord. 1772 §5, Ord. 2268)

Section 19829(B) of the California Health and Safety Code, which provides that building permits issued by a county for construction on real property subsequently annexed to a city shall remain valid for the life of the permit, shall not be applicable to building permits issued by the county of Butte for construction on real property subsequently annexed to this city except where:

A. Such building permit was issued by the county on or before August 7, 1984; or

B. Such annexation was initiated by the city council of this city.

(Ord. 1646 §4 (part))

A plan check and permit fee shall be assessed and levied by the building official upon each applicant for a permit required by this chapter. Such plan check and permit fees shall be in an amount set forth in a schedule of building permit and plan check fees established by resolution of the city council and shall be due and payable as follows:

A. Plan check fee - Due and payable at the time of filing a permit application.

B. Permit fee - Due and payable on or before the issuance of a permit.

(Ord. 1646 §4 (part))

A. The building official may authorize the refund of plan check and permit fees assessed and levied incident to the filing of an application for or issuance of a permit required by this chapter under the following circumstances:

1. The building official may authorize the refund of all or any part of a plan check or permit fee which was erroneously collected or paid;

2. The building official may authorize the refund of not more than 80% of a plan check fee when an application for a permit for which a plan check fee has been paid is withdrawn or cancelled before the review of any plans and specifications, engineering calculations, diagrams, data, and other information required to be submitted with the application has been completed;

3. The building official may authorize the refund of not more than 80% of a permit fee when no work has been done under the permit for which the fee was paid.

B. The building official shall not authorize the refund of any plan check fee or permit fees assessed and levied incident to the filing of an application for or issuance of a permit required by this chapter unless written application for the refund is filed by the applicant or permit holder not later than 180 days after the date the fee was collected or paid.

(Ord. 1646 §4 (part))