Clearlake Municipal Code § 9-1 Building Codes and Regulations

Prior ordinance history: Ordinance Nos. 09-88, 22-90, Ord-30-92(b), Ord-44-94, Ord-63-95, Ord-95-99.

These regulations shall be known as the “Building Regulations of the City of Clearlake” and may be cited as such. (Ord. #2007-133)

The purposes of these regulations is to establish proper regulations to safeguard persons and property within the City of Clearlake by establishing minimum standards of building construction, including mechanical, plumbing and wiring installations. (Ord. #2007-133)

In addition to definitions specified in any of the Codes adopted herein, whenever in any of the Codes, the following names or terms are used, such names or terms shall have the meaning ascribed to it by this section as follows: ADMINISTRATIVE OFFICIAL shall mean officer or other designated authority charged with the administration and enforcement of Chapter 33 of the Uniform Building Code. BUILDING OFFICIAL shall mean members of the City of Clearlake Building Inspection Division or the City Building Official as so designated by the City Council. “Official” shall mean Building Inspector and Building Official except for purposes of Appendix Chapter 33 of the Uniform Building Code, wherein “Building Inspector” shall mean “Administrative Official.” CITY shall mean City of Clearlake when referring to a political entity or the incorporated area of the City of Clearlake. (Ord. #2007-133)

a. The 2025 California Building Standard Codes is hereby adopted by the City of Clearlake and incorporated by reference into the City of Clearlake Municipal Code, as amended by this chapter. The 2025 California Building Standards Code includes, but is not limited to, the following: 1. 2025 California Administrative Code. 2. 2025 California Building Standards Codes – Volumes 1 and 2 of the California Code of Regulations Title 24, Part 2. 3. 2025 California Residential Code. 4. 2025 California Electrical Codes of the California Code of Regulations Title 24, Part 3. 5. 2025 California Mechanical Codes of the California Code of Regulations Title 24, Part 4. 6. 2025 California Plumbing Codes of the California Code of Regulations Title 24, Part 5. 7. 2025 California Energy Codes of the California Code of Regulations Title 24, Part 6. 8. 2025 California Wildland-Urban Interface Code. 9. 2025 California Fire Code of the California Code of Regulations Title 24, Part 9. 10. 2025 California Existing Building Code of the California Code of Regulations Title 24, Part 10. 11. 2025 California Green Building Standards Code Part 11. 12. 2025 California Building Code, Chapter 11A. b. Reserved. c. Reserved. d. Reserved. e. Reserved. f. Reserved. g. The City hereby adopts and enforces the 1997 Uniform Housing Code as published by the International Code Council incorporated by reference into the City of Clearlake Municipal Code. h. The City hereby adopts and enforces the 1997 Uniform Code for the Abatement of Dangerous Buildings as published by the International Code Council hereby incorporated by reference into the City of Clearlake Municipal Code. (Ord. #2007-133; Ord. #215-2018, S3; Ord. #237-2020, S2; Ord. #267-2023, S2; Ord. #284-2026, S2)

Editor’s note: Former Section 9-1.5, Adoption of the California Electrical Code, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.6, Adoption of the California Plumbing Code, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.7, Adoption of the California Mechanical Code, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.8, Adoption of the California Sign Code, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.9, Adoption of the Uniform Swimming Pool, Spa and Hot Tub Code, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.10, Adoption of the Uniform Housing Code, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.11, Adoption of the California Building Code for Building Conservation, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.12, Adoption of the California Disabled Accessibility Guidebook, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.13, Adoption of the Uniform Code for the Abatement of Dangerous Buildings, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.14, Adoption of the Uniform Solar Energy Code, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

Editor’s note: Former Section 9-1.15, Adoption of the California Energy Code, previously codified herein and containing portions of Ordinance No. 2007-133, was repealed in its entirety by Ordinance No. 215-2018.

a. When vehicular access to a multi-unit residential structure, multi-unit residential area, commercial structure or commercial area is impeded by an electronically or electrically secured gate, such electronically or electrically secured gate shall be constructed and maintained in accordance with plans approved by the City. b. No plans shall be approved unless the plans allow emergency vehicles and emergency personnel to open such electronically secured gate by City approved radio equipment used by emergency vehicles or personnel. c. On or before January 1, 2020, all existing electronically or electrically secured gates that impede access to a multi-unit residential structure or multi-unit residential area shall either be (1) removed, or (2) retrofitted and maintained in accordance with plans approved by the City to comply with subsection (b) of this section. d. On or before January 1, 2021, all existing electronically or electrically secured gates that impede access to a commercial structure or commercial area shall either be (1) removed, or (2) retrofitted and maintained in accordance with plans approved by the City to comply with subsection (b) of this section. (Ord. #221-2019, S2; Ord. #235-2020, S2)

a. All structures of Group R, Division 1 and 3 occupancies damaged by a natural hazard and subsequent events, shall be repaired in accordance with the following criteria: 1. When the damaged area of the foundation is equal to or greater than fifty (50%) percent of the structure footprint area, a new continuous concrete footing with reinforced concrete or reinforced masonry stem wall; or a new continuous concrete footing with plywood sheathed cripple wall shall be installed around the full perimeter of the structure in accordance with the requirements of the California Building Code and referenced in Title 24, California Code of Regulations. Exception: When designed and detailed by a California registered civil or structural engineer, an alternative foundations system may be used. 2. When the damaged area of the foundation is less than fifty (50%) percent of the structure footprint area, the damaged elements shall be repaired in accordance with the details included as Appendix A or as designed and detailed by a California registered civil or structural engineer. 3. All damaged porches, porch covers, and exit stairways shall be repaired so as to comply with the current code. 4. All damaged structures currently considered as historic places or qualifying structures within historic districts shall be repaired in accordance with these standards with due consideration given to the historical ratings. Additional standards and criteria, as noted in the state of California Historic Building Code, shall apply. When conflicts occur between these standards and the State of California Historic Building Code, the Historic Building Code shall take precedence. b. Damaged structures of all other occupancies, which are regulated by local government, shall be repaired in accordance with the following criteria: 1. When the estimated cost of repair does not exceed ten (10%) percent of the replacement cost of the structure, the damaged portions shall be restored to their predamage conditions. 2. When the estimated cost of repair is greater than ten (10%) percent but less than fifty (50%) percent of the replacement cost of the structure, the damaged elements as well as all critical structural ties associated with those elements, shall be repaired and/or brought into conformance with the current Code. 3. When the estimated cost of repair exceeds fifty (50%) percent of the replacement cost of the structure, the entire structure shall be brought into conformance with the current Code. c. All damaged chimneys without a foundation and/or damaged masonry chimneys shall be repaired to the satisfaction of the Building Inspector. d. New masonry chimneys or reconstructed portions of damaged masonry chimneys having a foundation shall be constructed in accordance with Chapter 37 of the current Code. (Ord. #2007-133)

a. Nothing in this section shall be construed to allow or permit any person, firm or corporation to erect or construct a structure on property other than the property owned or leased by the person, firm or corporation without the written consent of the owner of the property. b. Part 1.5, Division 13, Health and Safety Code of the State of California, known as “The State Housing Law", is hereby adopted by reference, and enforced whenever it is found the aforementioned Codes do not meet the minimum standards of “The State Housing Law.” c. Part 2.1 of Division 13 of California Health and Safety Code, “The Mobile Home Parks Act”, is hereby adopted by reference. 1. Mobile homes and accessory structures for the mobile home on private lots shall conform to the requirements of Division 13, Part 2.1, California Health and Safety Code (commencing with section 18200). d. All liquefied petroleum gas installations shall comply with the National Fire Protection Agency (NFPA) Standard 58 for the storage and handling of any LP gas, LP gas containers smaller than 120 gallons can be placed next to a structure and must be located at least five (5') feet from any property line. LP containers larger than 120 gallons must be located at least ten (10') feet from any structure and property line. e. All fuel oil tanks and fuel oil appliance installations shall comply with the National Fire Protection Agency (NFPA) Standard 31 for the installation of oil burning equipment. f. No electric service shall be installed on a vacant or unimproved lot or parcel prior to the commencement of construction of the principal structure or of an accessory structure on a lot abutting Clear Lake and Cache Creek in accordance with subsection 18-5.104.55, excepting electric service is permitted to well pumps for agricultural irrigation purposes only located on a parcel a minimum size of one (1) acre. g. Elevators shall be installed in exclusive senior housing which is multi-story and contains more than thirty (30) units of housing. The construction of the elevators shall meet the requirements of Title 8, California Code of Regulations. This requirement shall apply only to structures constructed after the effective date of this paragraph. h. No building permit shall be issued until the following clearances and approvals are provided by the applicant: 1. Clearlake Planning Department approval of a zoning clearance permit. 2. City Engineer or his/her designee review and approval of any required permits or clearances for erosion control, encroachments, grading and floodplain management. 3. Lake County Environmental Health Department issuance of a sanitation permit on those parcels serviced by a private on-site sewage disposal system. 4. Lake County Environment Health Department issuance of a clearance or approval to connect on those parcels serviced by a community sanitary sewer system.

Lakeshore Fire Protection District review and approval and payment of the development impact fees. 6. Payment of the school impact fees to the Konocti Unified School District. 7. Lake County Lakebed Management review and approval of any structure located in the Shore Zone as defined in Chapter 23 of the Lake County Code. i. No final inspections or temporary occupancy inspection shall be scheduled until the following departments and agencies have issued releases for the project. 1. City of Clearlake Planning Department. 2. City of Clearlake City Engineer or his/her designee. 3. Lake County Department of Environmental Health. 4. Lake County Special Districts. 5. Lakeshore Fire Protection District. 6. Lake County Lakebed Management District. j. The Building Official may grant a Temporary Occupancy Permit for the purpose of allowing property owners the ability to move into a structure prior to the completion of a building project. A Temporary Occupancy Permit shall only be granted when it can be shown that occupancy will not endanger the health and safety of the occupants or public. Cash security shall be deposited with the City in a non-interest bearing trust account in the amount of one and one-half (1 1/2) times the estimated cost of improvements not completed at the time of temporary occupancy. The estimated cost shall be determined by the department head in charge of the requirement. Upon completion of the building project, the owner may apply for a refund of the cash deposited with the City. A cost equal to the approximate cost of processing the request shall be added to the permit deposit at the time of request. This cost is nonrefundable. (Ord. #2007-133) 9-1.19 Fees for Processing Permits and Conducting Inspections Under the Building Regulations of the City of Clearlake, Encroachment Permits, and Grading Permits. Fees for issuing permits and conducting inspections under the Building Regulations of the City of Clearlake, encroachment permits, and grading permits shall be set by resolution. The fee schedules included in the California Building Code, Uniform Housing Code, and California Administrative Code shall be used to set the fees. (Ord. #2007-133)

For the purpose of administering and enforcing this Chapter and providing an inspector to enforce this and other City and State Building and Safety Laws, there is hereby established the Office of City Building Official. He shall have the duty of educating the public in the use of the Codes, inspection, enforcement, and administration of each of the Codes adopted by reference in subsections 9-1.3 through 9-1.14 above, and all other State and City laws referring to building and materials. He may obtain assistance from other City Officials or employees when necessary to enforce these regulations or other City or State laws under his jurisdiction. (Ord. #09-88, S18; Ord. #2007-133; Ord. #186-2016, S2)

a. It shall be the duty of the Building Official to have a permanent record kept of all pertinent transactions of his office under this Chapter and to render a monthly report to the City Council of the City of Clearlake of all permits issued and fees collected. All fees collected shall be turned over to the City Finance Department for the General Fund of the City of Clearlake. b. A copy of all applications and completion reports shall be transmitted to the office of County Assessor. (Ord. #09-88, S19; Ord. #2007-133; Ord. #186-2016, S2)

a. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretation of the provisions of this Code, there shall be and is hereby created a Board of Appeals, consisting of five (5) members. The authority for the Board of Appeals shall be limited to interpretation and recommendation. The Board of Appeals shall be appointed by the City Council and shall serve at the City Council’s pleasure. The Board of Appeals shall consist of members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the City. The Building Official shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations, with a report of such rules and regulations to the City Council, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official and may recommend to the City Council such new legislation as consistent therewith. b. Any person may appeal a decision of the Building Official in writing to the Board of Appeals. c. The Board of Appeals shall be the “Local Appeals Board” mentioned in Section 17920.5, Division 13, Part 1.5, California Health and Safety Code.

d. Any person who has first appealed to the Board of Appeals may appeal within thirty (30) days a decision of the Board of Appeals in writing to the City Council. (Ord. #09-88, S20; Ord. #44-94, S1; Ord. #2007-133; Ord. #186-2016, S2)

This Chapter shall not be construed as imposing upon the City of Clearlake or upon any of its officers or employees, any liability or responsibility for injury or damage resulting from any building, plumbing, or electrical work approved or performed pursuant to this Chapter, or by reason of any inspection performed hereunder. (Ord. #09-88, S21; Ord. #2007-133; Ord. #186-2016, S2)

a. Any person, corporation or firm violating any of the provisions of this title, including but not limited to, adopted Uniform Codes, as amended in this title, shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand ($1,000.00) dollars, or by imprisonment for not more than six (6) months, or both. Every such violation shall be deemed a separate offense for each day or portion thereof during which such violation continues. b. Any violation of the provisions of this title that would seriously endanger public health and safety shall be, and the same is declared to be, unlawful; and a public nuisance. The City Attorney may, in addition to or in lieu of prosecuting a criminal action thereunder, commence an action or actions for the abatement thereof, in the same manner required by law and may make such other steps to obtain such relief as will abate or remove such nuisance and restrain and enjoin said violations. All costs, including attorney’s fees, for abatement of any public nuisance may be assessed against the property declared to be a public nuisance by the City Council after notice to the affected property owners, and may be collected in the same manner provided for by the Governmental Code. (Ord. #09-88, S22; Ord. #63-95, S17; Ord. #95-99, S17; Ord. #2007-133; Ord. #186-2016, S2)

For the purposes of enforcing this Chapter, the following officers and employees of the City are hereby given arrest and citation powers pursuant to Section 836.5 of the Penal Code: a. Chief Building Official b. Plans Examiner c. Code Enforcement Officer d. Code Enforcement Supervisor

e. Public Works Director f. City Engineer g. Community Development Director h. City Manager (Ord. #09-88, S23; Ord. #63-95, S19; Ord. #95-99, S18; Ord. #2007-133; Ord. #186-2016, S2)

Section 9.1 of Chapter IX of the Clearlake Municipal Code, 1986, also known as Chapter 5 of the Lake County Code, as adopted by City Ordinance No. 12, is hereby repealed. (Ord. #09-88, S24; Ord. #2007-133; Ord. #186-2016, S2)

The California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 through 49620), created by AB 939 (chaptered as 1095) of the 1989 Legislative Session, declares that “the amount of solid waste generated in the state coupled with diminishing landfill space and potential adverse environmental impacts from landfilling constitutes an urgent need for state and local agencies to enact and implement an aggressive new integrated waste management program.” The purpose of this chapter is to promote the recycling of construction and demolition debris in order to protect the public health, safety, and welfare, and to meet the City’s obligations under AB 939 and the current version of the California Green Buildings Standards Code. (Ord. #260-2022, S1)

a. Applicants must divert from landfills a minimum of sixty-five (65%) percent, by weight, construction and demolition debris generated from the project or other amount established by State law, whichever is higher, by using recycling, reuse, and diversion programs. b. Applicants must also comply with California Green Building Standards Code. (Ord. #260-2022, S1)

a. Applicants for any project must submit a properly completed waste reduction plan, identifying all waste materials expected to be generated as a result of the project at the time of demolition or building permit application. No building or demolition permit shall be issued until the applicant has submitted a waste reduction plan in the form required by the Building Official and until the waste reduction plan has been approved by the Building Official or designee. b. The waste reduction plan must contain, at a minimum, the following: 1. The type of project; 2. The total square footage of the project; 3. The estimated weight of project construction and demolition debris to be generated by material type; 4. The construction and demolition debris materials that will be diverted from disposal by recycling, reuse on the project or salvage for future use or sale; 5. If construction and demolition debris will be sorted on site (source-separated) or bulk mixed (single stream); 6. Diversion facilities where the construction and demolition debris will be taken; 7. Construction methods taken to reduce the amount of construction and demolition debris generated; and 8. The amount of construction and demolition debris diverted by weight. c. Every person or entity to whom a building or demolition permit has been issued (“permittee”) shall comply, and require their subcontractors to comply, with the provisions of the approved waste reduction plan applicable to the permit. d. If the permittee subsequently wishes to amend the approved waste reduction plan, the permittee shall submit the request in writing to the Building Official. The Building Official or their designee shall approve or deny the requested amendment, as submitted or as modified by the Building Official or their designee, as appropriate. e. The permittee shall collect and retain (1) weight tickets; (2) an inventory of reused items; (3) receipts and other records from all recipients of discarded material that demonstrate the reuse, recycling, and disposal of all material generated by and hauled from the project; and (4) such other documentation as necessary to establish compliance with the approved waste reduction plan. f. The permittee shall, for commercial projects involving additions and alterations, verify that universal waste items, including fluorescent lamps and ballast and mercury-containing thermostats, are properly disposed of and diverted from the landfills. “Universal waste” means batteries, electronic devices, mercury-containing equipment, lamps, cathode ray tubes or glass, and aerosol cans. A list of prohibited universal waste materials shall be included in the construction documents.

g. Prior to final inspection of the project or as otherwise required by the waste reduction plan, the permittee shall complete and submit to the building official a diversion summary sheet and the documentation described in subsection (e) of this section. (Ord. #260-2022, S1)

Any person or entity which has previously failed to comply with an approved waste reduction plan or with the other provisions of this chapter may, at the time of submitting any subsequent waste reduction plan for approval, be required to pay a monitoring fee in the amount set from time to time by resolution of the City Council to cover the costs of monitoring compliance with the approved waste reduction plan. The decision as to whether the facts warrant the imposition of the monitoring fee shall be made by the Building Official. (Ord. #260-2022, S1)

Violation of any provision of this chapter, including, but not limited to: a. Demolition or construction before having or without having an approved waste reduction plan; b. Failure to comply with the approved waste reduction plan (as amended, if applicable); c. Failure to provide all required documentation prior to final inspection or as required by the waste reduction plan; shall subject the violator to a penalty of up to ten (10) times the permit fee for the building or demolition permit, as determined by the Building Official, as set forth in Section 9-1.24. (Ord. #260-2022, S1)