El Dorado County Municipal Code Ch. 110.16 Uniform Building Code

The 2010 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating the following model codes, is adopted by reference with the general amendments set forth in Sections 110.16.020 through 110.16.170 and the amendments specific to each model code as noted:

International Building Code, 2009 edition, published by the International Code Council including those sections of Appendix Chapter 1, Administration, not included above, with the additions, deletions and amendments set forth in Sections 110.16.020 through 110.16.140;

Uniform Mechanical Code, 2009 edition, published by the International Association of Plumbing and Mechanical Officials with amendments set forth in Sections 110.16.150 and 110.16.160;

Uniform Plumbing Code, 2009 edition, published by the International Association of Plumbing and Mechanical Officials with amendments set forth in Section 110.16.170;

California Existing Building Code, 2007 edition, Appendix Chapter 1A Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings;

International Fire Code, 2009 edition, published by the International Code Council;

National Electrical Code, 2008 edition, published by the National Fire Protection Association;

International Existing Building Code, 2006 edition, published by the International Code Council.

(Code 1997, § 15.16.010; Ord. No. 4948, 10-19-2010)

For the purpose of this code, the following general amendments apply to all portions of the code where the specific references are found.

A. Building Official defined. For the purpose of this code, the term "Building Official" or "authority having jurisdiction" means the El Dorado County Building Official as defined in Section 2.18.010.

B. Fee determination. For the purpose of this code, any reference to fees or fee refunds is replaced with the following:

All matters pertaining to fees are as established by resolution of the El Dorado County Board of Supervisors.

C. Violations. For the purpose of this code, any definition of a violation of the provisions of this code shall have added:

Any person, firm, partnership, association, corporation or other entity violating any of the provisions of this code shall be deemed guilty of a misdemeanor and upon conviction of such violation such persons may be punished by a fine of not more than $1,000.00 or by imprisonment in the County jail for a term not to exceed six months, or by both such fine and imprisonment. Any such person who violates the provisions of this code after being given notice of such violation shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued or permitted. At the discretion of the Building Official, or the District Attorney, the violation may be reduced to an infraction with maximum penalty of $500.00.

D. Stop work orders. For the purpose of this code, any reference to the issuance of stop work orders for work being done contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code shall have added:

Any work performed in or on any structure after the Building Safety Division has posted a stop work order shall be an unlawful act and subject to the penalties set forth in Subsection C of this section.

E. Permits required. For the purpose of this code, any reference to the requirement for a permit shall have added:

a. In those cases where there has been a failure to secure the required permit or permits, the Building Official, acting at least 30 days after attempting to notify the owner of the property, by certified mail, of the requirements for permits, shall record a notice of noncompliance with the County Recorder. The notice shall identify the property and set forth the fact that the building, structure or work does not have the required permit or permits and is in violation of County codes and that the property owner of record has been so notified. This shall be done in addition to any other legal remedy that the Department may employ.

b. When the building, structure or work done without a permit obtains a permit and receives final inspection approval, the Building Official shall record with the County Recorder and provide to the property owner of record, a notice of cancellation certifying that a permit has been issued and that the notice of noncompliance has been rescinded. This shall be done at the owner's expense.

F. Appeals. For the purpose of this code, any reference to appeal processes is hereby replaced with the provisions for a Board of Appeals found in Chapter 110.12.

G. Permit expiration. For the purpose of this code, any reference to the expiration of a permit shall be replaced by the following:

a. Expiration of permit. Every permit issued by the Building Official under provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not completed, with a final inspection approval and a certificate of occupancy, where required by the building code, within two years from date of issuance.

b. The two-year permit may be renewed two times only for a period of one year each. Expiration of time limits shall be by operation of law and failure of El Dorado County to give notice of expiration shall not affect the applicability of these provisions. Extension of the permit may only be granted if a delay is caused by a governmental agency and only for the amount of time the application was delayed by that agency.

c. Permits affected by the Tahoe Regional Planning Agency (TRPA) are excepted from the foregoing expiration and renewal provisions and are governed by TRPA regulations in effect regarding permit expiration and reissuance. These exception permits will be found exclusively within the Lake Tahoe basin.

H. Permit renewal. For the purpose of this code, a permit may be renewed as follows:

Renewal of permit. A building permit which has expired and qualifies for renewal under the conditions detailed in Subsection G of this section may be renewed within 30 days of the expiration date by the Building Official, provided that the permittee has acted in good faith to diligently pursue construction prior to the permit expiration date and pays the appropriate renewal fee. Proof of diligently pursued construction shall consist of regularly requested inspections with their attendant notices of inspection and re-inspections. The life of the renewed permit shall be one year, and the time shall start from the same day and month that the permit was originally issued and the year that it is required to be renewed. When a permit is renewed, it shall remain subject to those building standards codes in effect at the time of application of the original permit.

I. Expired permits. Permits which have expired by limitation and which have not obtained valid renewal as set forth above shall require the issuance of a new building permit. Work not previously approved is subject to review for compliance to current building standards codes and other ordinances by all applicable departments and agencies. New permits shall be reviewed by all applicable departments and agencies for fee assessment.

J. Notices.

a. The Building Official shall notify permittees of the expiration date by placing the expiration date on the permittee's copy of the inspection record card. In those cases where the permittee takes no action to apply for a renewal as provided for in Subsection H of this section, the Building Official, acting at least 30 days after the date of expiration, shall record a notice of noncompliance with the County Recorder. The notice shall identify the property and set forth the fact that the building or work has not had a final inspection approval from the Building Safety Division and that the property owner of record has been so notified. This shall be done in addition to any other legal remedy that the Department may employ.

b. When a new building permit has been obtained to complete the building, structure or work for which the original permit was issued as allowed under this section, the Building Official shall record with the County Recorder's office and provide to the property owner of record, a notice of cancellation certifying that a new permit has been issued and the notice of noncompliance has been rescinded. This shall be done at the owner's expense.

K. Expiration of permit application. For the purpose of this code, any reference to the time limitation of a permit application shall be replaced by the following:

1. Applications for which no permit is issued within one year following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new application fee. Extension of the application may only be granted if a delay is caused by a governmental agency and only for the amount of time the application was delayed by that agency. The Building Official shall notify applicants of the one-year life of the application by placing this information on the application.

2. Permit applications in the Lake Tahoe basin are excepted from the expiration and renewal timelines of this code and are governed by TRPA regulations regarding permit expiration and reissuance.

3. Expiration of time limits shall be by operation of law and failure of the County to give additional notice of expiration shall not affect the applicability of these provisions. All permit application extensions shall be reviewed by all applicable departments and agencies for fee assessment.

(Code 1997, § 15.16.020; Ord. No. 4948, 10-19-2010)

Appendix Chapter 1 Section 106.1.1.1 of the International Building Code shall have added:

Plans for buildings more than two stories in height of other than Group R, Division 3 and Group U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing, and communication conduits, pipes, and similar systems.

The installer shall submit plans showing the proposed installation, indicating the location of the equipment and such accessories as may be required to ensure the proper and safe performance of its function.

(Code 1997, § 15.16.030; Ord. No. 4948, 10-19-2010)

Appendix Chapter 1 Section 113.2 of the International Building Code shall have added:

Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, including work done without the proper permit or occupancy and use prior to final inspection approval, the Building Official may order such use discontinued and the structure, or portion thereof, vacated. The notice to discontinue illegal occupancy or use shall be served on the property owner of record and the occupant of the structure if not occupied by the owner. The owner and occupant shall discontinue the use within the time prescribed by the Building Official after receipt of such notice. If illegal use or occupancy continues, the Building Official shall file a notice of noncompliance with the County Recorder identifying the property and setting forth the fact that the building, structure or work is in violation of County codes and indicating that the owner of record of the property has been so notified. The violation may be reported to the code enforcement unit pursuant to Chapter 9.02.

When the illegal use or occupancy is corrected, the Building Official shall record with the County Recorder and provide to the property owner of record a notice of cancellation certifying that the notice of noncompliance has been rescinded. This shall be done at the owner's expense.

(Code 1997, § 15.16.040; Ord. No. 4948, 10-19-2010)

Appendix Chapter 1 Section 111.1 of the International Building Code is amended to read:

No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by the California Building Standards Code for which a permit is required, until released by the Building Official.

(Code 1997, § 15.16.050; Ord. No. 4948, 10-19-2010)

Section 105.2 of the International Building Code shall have added:

14. Agriculture buildings of not more than 3,000 square feet of floor area to be located on five acres or more provided that:

A. The building meets minimum setbacks required by Title 130 of the El Dorado County Code.

B. The building is not used as a place of employment, sales, display of products, packaging or processing.

C. No electrical, plumbing, or mechanical work or equipment is included.

D. The design and construction of the structure shall meet all building code requirements. If the structure is converted to other uses, an engineers report shall be provided showing compliance with the applicable codes and ordinances.

Agricultural buildings exceeding 120 square feet, exempted under this subsection, shall require a record permit that includes a complete building permit application, a complete and accurate plot plan drawn to scale, defining the location and size of the building and a floor plan drawn to scale, clearly illustrating existing from the building. Plans must be drawn using standard drafting techniques. The fee for the record permit shall be as specified by resolution of the County Board of Supervisors. A zoning inspection prior to commencing construction may be required for setback verification. No building inspections shall be required.

(Code 1997, § 15.16.060; Ord. No. 4948, 10-19-2010)

Appendix Chapter 1 Section 105.3.1 of the International Building Code shall have added:

No permit shall be issued for the construction of a building having plumbing facilities therein, or the placing of a manufactured home until the following conditions have been met:

1. Proof of an adequate potable water supply is provided as required by the Department of Environmental Management. When other than public water is to be provided for the site of the building, the alternative proposed water system shall be installed and approved by the Department of Environmental Management prior to the issuance of a building permit.

2. Proof of an adequate sewage disposal system is provided by the applicant and approved by the Department of Environmental Management or the public sewage provider.

3. A declaration shall be provided by the owner that the improvement covered by the permit does not violate any private building restriction. The above required declaration shall be in the following form:

The undersigned declares that he/she has read and understands the deed restrictions/CC&Rs applicable to the subject property, and that the improvement herein applied for does not violate any such restrictions. I also certify that I have submitted plans to the Architectural Control Committee (ACC) or to the local homeowners association, where required by said CC&Rs or deed restrictions, and have obtained approval for said improvement.

Dated:___________/s/___________

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Subsection 3 does not apply to permits for any one or more of the following: (a) Change of electric service, (b) Underground piping systems, (c) Remodel and alterations within the exterior walls of existing buildings, (d) Septic system repairs, (e) Installation of solid fuel burning appliances or mechanical equipment and (f) fire repair.

In requiring the statement set forth in Subsection 3, the County assumes no responsibility for verifying the owner's compliance, nor does the County assume any responsibility for enforcement of any private deed restrictions/CC&Rs.

(Code 1997, § 15.16.070; Ord. No. 4948, 10-19-2010; Ord. No. 5051, § 2, 4-18-2017)

Appendix Chapter 1 Section 113.3 of the International Building Code shall have added:

The occupancy of any building or structure prior to the completion of the inspection process is prohibited. When County staff has knowledge that a building or structure is illegally occupied prior to final inspection approval, they shall take the following actions:

1. Notify by certified mail the current owner of record, the applicant for the building permit and any trust deed holders which are known to the Department, of the violation and the fact that such occupancy is potentially hazardous; and

2. Refer the violation to the office of the district attorney for enforcement of any criminal penalty or penalties as prescribed by law; and

3. Post the building or structure at all entrances and exits with a notice that substantially states the following:

DO NOT REMOVE THIS NOTICE. It is a violation of Section 110.16.080 of the El Dorado County Code to use or occupy this building or structure prior to the final inspection and issuance of a certificate of occupancy. THIS BUILDING HAS NOT PASSED A FINAL INSPECTION AND MAY HAVE LIFE AND FIRE SAFETY HAZARDS. A NOTICE OF NONCOMPLIANCE will be recorded on this property if the required final inspection and/or certificate of occupancy have not been secured within 30 days. Removal of this notice by other than the Building Official or his or her authorized representative is a violation of the El Dorado County Code and may be prosecuted to the full extent of the law.

4. In those cases where the owner of the property fails to obtain the required final inspection and certificate of occupancy within 30 days of the posting of the building, the Building Official shall record a notice of noncompliance with the County Recorder. The notice shall identify the property and set forth the fact that the building, structure or work does not have the required final inspection and/or certificate of occupancy and is in violation of County codes and that the owner has been so notified.

When the final inspection and/or certificate of occupancy has been obtained for the building, structure or work the Building Official shall record with the County Recorder and provide to the property owner of record, a notice of cancellation certifying that the final inspection and/or certificate of occupancy has been issued and that the notice of noncompliance has been rescinded. This shall be done at the owner's expense.

(Code 1997, § 15.16.080; Ord. No. 4948, 10-19-2010)

Appendix Chapter 1 Section 109.3.1 of the International Building Code shall have added:

Prior to the approval of the foundation inspection, the permittee shall provide sufficient information to the Building Official for verification of compliance with setback requirements. This shall be done using one of the following methods:

i) Placement of intervisible property corners by appropriately licensed persons; or

ii) Placement of intervisible property line stakes by appropriately licensed persons; or

iii) Submitting a certificate stamped and signed by an appropriately licensed person indicating the actual setback distances and verifying that the foundation as formed meet County setback requirements.

Before the foundation inspection can be approved, the access road encroachment subgrade and driveway rough grade must be inspected and approved by the County as having met the approved grading plan and encroachment permit requirements.

(Code 1997, § 15.16.090; Ord. No. 4948, 10-19-2010)

Appendix Chapter 1 Section 109.3.10 of the International Building Code shall have added:

All required utilities shall be installed and functional, and the road encroachment installation shall be complete and meet all the requirements of the County.

It shall be unlawful for any person to occupy any building, structure, trailer, coach, or manufactured housing unit until the final inspection has been approved and, where applicable, a certificate of occupancy issued by the Building Safety Division. Prior to final approval, the building site and its onsite driveway shall meet the "SRA Fire Safe Regulations."

(Code 1997, § 15.16.100; Ord. No. 4948, 10-19-2010)

Section 1505 of the International Building Code is amended to read:

1505.1.2 Roof coverings within the unincorporated area of El Dorado County:

The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure shall be a fire-retardant roof covering that is at least Class A for all residential occupancies and Class B for all commercial, industrial and public assembly buildings.

Where, in any specific case, different sections of applicable codes specify different materials, methods of construction, or other requirements, the most restrictive provisions shall govern.

(Code 1997, § 15.16.110; Ord. No. 4948, 10-19-2010)

The Board of Supervisors concurs that the climatic and topographic conditions throughout the County present firefighting challenges of such a nature as to require the additional roofing restrictions found in Section 110.16.110.

(Code 1997, § 15.16.120; Ord. No. 4948, 10-19-2010)

A. Chapter 16 Section 1608.1 of the International Building Code shall have added:

The minimum ground snow load used to determine the design loads for buildings and other structures shall be specified by the El Dorado County Building Official. The Building Safety Division shall establish and enforce the snow load design criteria of El Dorado County.

B. Chapter 18 Section 1805.4.2.3 of the International Building Code shall have added:

The use of any unreinforced concrete and/or concrete block foundations and fireplaces shall have supporting structural calculations showing structural adequacy.

Exception: Structural calculations may not be required for foundations of single-family dwellings if a minimum of two #4 reinforcing bars are placed in the foundation. One bar shall be placed near the bottom of the foundation and one shall be placed near the top. The placement of the rebar shall comply with code requirements.

(Code 1997, § 15.16.130; Ord. No. 4948, 10-19-2010)

Existing swimming pools, spas and hot tubs on property within the unincorporated areas of the County shall meet the requirements of the Health and Safety Code when an addition, alteration or remodel, of a structure on the property, exceeds $20,000.00 in value and a building permit is required for the work. Applicable requirements shall be in place prior to final inspection approval of the new building permit. When a conflict exists in these and other regulations, the most restrictive shall apply.

A. Section 3109.4.4.2 of the International Building Code shall have added:

Devices allowed by Sections 3 and 4 may only be used in conjunction with an enclosure meeting the requirements of Health and Safety Code § 115923. The enclosure shall isolate the swimming pool, spa, and/or hot tub from surrounding properties.

B. Section 3109.5 of the International Building Code shall have added:

Whenever a building permit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the requirements of Health and Safety Code § 115928.

Whenever a building permit is issued for the remodel or modification of an existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool, or spa be upgraded to comply with the requirements of Health and Safety Code § 115928.5.

(Code 1997, § 15.16.140; Ord. No. 4948, 10-19-2010)

Section 1333.3 of the Uniform Mechanical Code shall have added:

Facilities in snow-load areas. This subsection shall apply in snow-load areas of 100 pounds or more, to all new liquefied petroleum gas (LPG) installations and to existing installations when LPG service is reconnected after an unscheduled service interruption.

1. Two stage regulator systems shall be installed on all LPG installations.

2. The first stage regulator shall be installed under the hinged gauge cover supplied with the tank. The atmospheric pressure aperture of the regulator shall be pointed downward. The first stage regulator shall be plumbed to the riser of the yard piping with soft copper tubing to allow flexibility should tank shifting occur. The riser from the yard piping shall be located not more than 12 inches (horizontally) from the walls of the tank.

3. The second stage regulator and riser pipe shall be installed under the eave of the building, as close as practicable to the building wall. This riser shall be securely supported/braced to the wall approximately ten inches below the regulator so as to prevent bending of the pipe by lateral snow/ice loads.

4. A protective cover, approved by the gas supplier and Building Official, shall be installed over the second stage regulator and securely supported to the ground or diagonally to the building wall.

5. The riser pipes for the yard piping shall not be imbedded in concrete. Concrete placed around such riser shall be held back at least one inch from all sides of the pipe.

6. At the time of application for any building permit, which involves the installation of a LPG system, the applicant shall submit a LPG system plot plan in three copies. The LPG plot plan shall include, but not be limited to, the tank location, proposed tank capacity in U.S. gallons, route of yard piping, location of the riser pipe at the building, property boundaries, an outline of all existing/proposed buildings on the lot and a depiction of the ridge line of any building to be supplied with LPG. The third copy of this LPG plot plan may be forwarded to the appropriate fire district to serve as a locator map in event of an emergency.

7. Location of the centerline of LPG tanks shall be permanently marked by the use of snow stakes, one at each end. Such stakes shall be of sufficient height to be visible through anticipated maximum snow depth at the respective location. Installation and maintenance of these snow stakes is the responsibility of the LPG user.

8. Propane appliances and accessories shall not be permitted in any new installation below the first floor level or below grade, whichever is most restrictive.

(Code 1997, § 15.16.150; Ord. No. 4948, 10-19-2010)

Chapter 1 Section 108.4.1 exception (1) of the Uniform Mechanical Code is amended:

Work exempt from permits as specified in the California Building Code Appendix Chapter 1 Section 105.2.

(Code 1997, § 15.16.160; Ord. No. 4948, 10-19-2010)

Chapter 1 Section 108.4.1 exception (1) of the Uniform Plumbing Code is amended:

Work exempt from permits as specified in the California Building Code Appendix Chapter 1 Section 105.2.

(Code 1997, § 15.16.170; Ord. No. 4948, 10-19-2010)