Hemet Municipal Code Div. 5 California Electrical Code

The 2022 California Electrical Code, codified in Part 3 of Title 24 of the California Code of Regulations, including Annex Chapters A, B, C, D, E, F and G, and as such code may be amended from time to time, except as hereinafter amended by this division, is adopted by reference as the electrical code of the city.

(Ord. No. 2003, § 3(Exh. A), 11-8-22)

Subsection 89.108.4 of Section 89.108 of Article 89 of the California Electrical Code, 2022 Edition, is deleted in its entirety and replaced to read as follows:

89.108.4 Permits, Fees, Applications and Inspections.

89.108.4.1 Permits.

(a) Except as exempted in paragraph (b) of this subsection, a written construction permit shall be obtained from the enforcing agency prior to the erection, construction, reconstruction, installation, movement, or alteration of any electrical system.

(b) Consistent with the requirements of Section 17960 of the Health and Safety Code, the local enforcing agency shall enforce the requirements of this code, but shall exempt the following activities from the requirement for a permit or inspection.

1. Listed cord and plug connected temporary decorative lighting.

2. Reinstallation of attachment plug receptacles, but not the outlets therefore.

3. Repair or replacement of branch circuit overcurrent devices of the required capacity in the same location.

4. Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.

Exemptions from permit and inspection requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of any other provision of law or this code.

89.108.4.2 Fees. Subject to other provisions of law, the governing body of any city, county, or city and county may prescribe fees to defray the cost of enforcement of rules and regulations promulgated by the Department of Housing and Community Development. The amount of the fees shall not exceed the amount reasonably necessary to administer or process permits, certificates, forms, or other documents, or to defray the costs of enforcement. Those fees are specified in the City of Hemet, Building Division Schedule of Fees and Charges. For additional information, see State Housing Law, Health and Safety Code, Division 13, Part 1.5, Section 17951 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Article 3, commencing with Section 6.

89.108.4.2.1 Fee Not Specified. When a permit is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet, Building Division Schedule of Fees and Charges, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the inspection as set forth in the City of Hemet, Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such inspection shall be charged at the FBHR for the staff classification performing such work.

89.104.4.2.2 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

89.104.4.2.3 Refunds. The building official may authorize refunding of any fee paid hereunder in the following situations.

1. Wherein a fee was erroneously paid or collected.

2. The building official may authorize refunding of not more than 75 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done.

3. The building official may authorize refunding of not more than 75 percent of the permit fee when an application for permit is withdrawn or canceled before any inspections are performed.

The building official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment. Except for the refunding of fees paid in error, no refund of permit or plan review fees shall be made where the permit or plan review fee paid is $100.00 or less.

89.104.2.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. The special investigation fee shall be double the permit fee. This fee shall be in addition to the required permit fees. The special investigation fee shall be made before a permit may be issued for such work.

89.108.4.3 Plan Review and Time Limitations. Subject to other provisions of law, provisions related to plan checking, prohibition of excessive delays and contracting with or employment of private parties to perform plan checking are set forth in State Housing Law, Health and Safety Code Section 17960.1, and for employee housing, in Health and Safety Code Section 17021.

89.108.4.3.1 Retention of Plans. The building department of every city, county, or city and county shall maintain an official copy, microfilm, or electronic or other type of photographic copy of the plans of every building, during the life of the building, for which the department issued a building permit.

Exceptions:

1. Single or multiple dwellings not more than two stories and basement in height.

2. Garages and other structures appurtenant to buildings listed in Exception (1).

Farm or ranch buildings appurtenant to buildings listed in Exception (1).

Any one-story building where the span between bearing walls does not exceed 25 feet (7620 mm), except a steel frame or concrete building.

All plans for common interest developments as defined in Section 4100 of the California Civil Code shall be retained. For additional information regarding plan retention and reproduction of plans by an enforcing agency, see Health and Safety Code Sections 19850 through 19852.

89.108.4.3.2 Plan Review Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a plan review, a fee for each plan review shall be paid as required in accordance with the City of Hemet, Building Division Schedule of Fees and Charges. Upon submittal construction documents, this fee shall be due and payable before the construction documents will be reviewed.

When plans are incomplete, changed so as to require additional plan review or require 3 or more reviews, an additional plan review fee shall be charged at the rate shown in the City of Hemet, Building Division Schedule of Fees and Charges or fees accrued by the City of Hemet consultant.

89.108.4.3.3 Fee Not Specified. When a plan review is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet, Building Division Schedule of Fees and Charges, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the plan review as set forth in the City of Hemet, Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such plan review shall be charged at the FBHR for the staff classification performing such work.

89.108.4.4 Inspections. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or other regulations of the Department of Housing and Community Development.

89.108.4.5 Unfinished buildings and structures. Whenever the building official determines by inspection that work in or on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period 180 days or more, the owner of the property upon which such building or structure is located or other person or agent of control of said property, upon receipt of notice in writing from the building official to do so, shall, within 60 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the building or structure within 90 days from the date of written notice.

89.108.4.6 Qualified Persons. For all commercial projects and multi-family dwelling units containing 4 or more units, a California Licensed Electrical Contractor shall be responsible for obtaining permits for electrical work performed within or on the building. When an electrical system has been altered to the extent in violation of this code, the Building Official may authorize, at his discretion, that the electrical system and any repairs necessary be performed or certified by a California Licensed Electrical Contractor.

Subsection 89.108.8 of Section 89.108 of Article 89 of the California Electrical Code, 2022 Edition is deleted in its entirety and replaced to read as follows:

89.108.8 Appeals Board.

89.108.8.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this Code, there shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. 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 be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

89.108.8.2 Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code.

89.108.8.3 Appeal hearing fee. A fee, as provided in the current City of Hemet, Building Division Schedule of Fees and Charges, shall accompany an application for a hearing before the Board of Appeals.

89.108.8.4 Special purposes members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) members shall be added who shall have a disability as defined by Section 202 of the California Building Code, 2022 Edition.

89.108.8.5 Notice of appeal. Within the limitations provided for below, a person aggrieved by any order, act or determination of the building official or his subordinates, may appeal therefrom to the board of appeals. The appeal shall be taken by filing a written notice of appeal within 15 days, exclusive of holidays, after the date of making the order or determination or performing the act and by paying the appeal hearing fee. The notice of appeal must be in writing on a form provided by the city, and the notice must be filed and the fee paid at the office of the building official. The notice of appeal shall be sufficient if it identifies the act, order or determination appealed from and stated wherein it is erroneous or invalid. The operation of the act, order, or determination appealed from is suspended by the filing of the notice of appeal and upon the determination of the appeal or termination of proceedings thereunder.

89.108.8.6. Hearing. The chairman of said board shall fix the time and place of hearing the appeal. The date of hearing shall not be less than five days nor more than 15 days after the date of filing the notice of appeal, and the hearing must not be postponed for more than ten days without good and sufficient cause. The board shall give written notice of the time and place of such hearing to the appellant and the officer or head of the department or division whose act, order, or determination is appealed from. Witnesses may be sworn and examined and evidence produced by interested parties, who may appear in person or by attorney. The board shall keep a record of each appeal and proceedings thereunder. At the conclusion of the hearing, the board shall prepare and file its written findings and decision. The affirmative vote of two-thirds of the board is necessary to modify or reverse the order, act or determination appealed from. The failure of the board to file its findings and decisions within five days after termination of the hearing shall result in the automatic confirmation of the order, act or determination appealed from.

89.108.8.7 Final decision. Any person aggrieved or affected by a decision of the board may appeal to the city council from such decision at any time within ten days after the date upon which the board announces its decision or loses jurisdiction. An appeal to the city council shall be taken by filing a letter of appeal with the building division and by concurrently paying to such division an appeal hearing fee in the amount established by Table A. Such letter shall set forth the grounds upon which the appeal is based. Within 15 days after the receipt of the letter of appeal and the filing fee, the building division shall transmit to the city council the letter of appeal and the record of appeal at the board and the board's findings and decision. The city council may affirm, reverse, or modify the decision of the board.

89.108.8.8 Absence of Board of Appeals. In the event the board as established in Section R112.1 herein above should for any reason not be appointed by the city council or cease to exist after such appointment, the city council may serve as the board of appeals.

(Ord. No. 2003, § 3(Exh. A), 11-8-22)