Imperial County Municipal Code Ch. 2 General Provisions

Footnotes:

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Editor's note— Sec. 7 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 2, which pertained to the same subject matter, consisted of §§ 91002.00—91002.34, and derived from the prior code. Section 8 of said ordinance enacted provisions to read as herein set out.

There is hereby established in the county of Imperial the "Building and Safety Division", which is a division of the Planning and Development Services Department and which shall be under the jurisdiction of the Imperial County Planning Director.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

The planning director is hereby designated by the board of supervisors as the building official and is authorized and directed to enforce the provisions of this Division and is further charged with enforcement of the provisions contained in Part 1.5 of Division 13 of the Health and Safety Code of the state of California, and any other state or federally mandated requirement pertaining to land use and development. The planning director may elect to designate a deputy building official, inspectors, and/or assistants to assist in the duties of enforcement of the provisions contained in Part 1.5 of Division 13 of the Health and Safety Code of the state of California, and any other state or federally mandated requirement pertaining to land use and development.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

No person, firm or corporation shall interfere in any way with the performance of the building official with respect to the enforcement of the provisions of this Division and the enforcement of the provisions contained in Part 1.5 of Division 13 of the Health and Safety Code. The building official shall immediately report in writing to the district attorney and the Board of Supervisors any instance of such attempted interference.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

The building official shall maintain public office hours necessary to efficiently administer the provisions of this Division, and amendments thereto, and shall perform the following duties:

A. Require the submission of, examine and check plans and specifications, drawings, descriptions, and/or diagrams necessary to clearly show the character, kind and extent of work covered by application(s) for permit and upon approval thereof including compliance with all applicable local, state and federal laws, shall issue the requested permit, only when and if all requirements of law have been met.

B. Keep a permanent, accurate account of all fees for permits issued and other monies collected and received as provided by this Division, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the locations or premises to which they relate.

C. Administer and fully enforce the provisions of this Division in a manner consistent with accepted public protection practice and inspect all work authorized by any permit to assure full compliance with the provisions of this Division or amendments thereto, approving or disapproving said work in whole or in part as conditions require.

D. Issue a "Certificate of Occupancy" for work approved by the authorized Division staff, as required.

E. Disapprove and reject all work done or being done or material(s) used or being used which do not in all respects fully comply with the provisions of this Division and amendments thereto.

F. Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this Division.

G. Investigate any construction or work regulated by this Division and issue such appropriate notices and orders as provided in Section 91002.05 and elsewhere in this Division.

H. Keep a complete record of all the essential transactions of this office.

I. Transfer all fees collected by the Division to the proper authority provided by law to receive such funds.

J. Issue orders and citations necessary to fully enforce the provisions of this Division, and assist in the prosecution thereof if necessary.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

The Building Official and all duly appointed assistant(s), deputies and/or inspectors, shall carry proper credentials and upon exhibiting the same, shall have the right of entry, during usual business hours to inspect any and all buildings and/or premises in the performances of their duties. Business hours are defined as the hours between 6:00 a.m. and 9:00 p.m. Monday through Saturday and 8:00 a.m. to 8:00 p.m. on Sunday.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

A. Whenever the Building Official receives a complaint or report or simply discovers that any construction, or work, or any building or any structure regulated by this Division is dangerous, unsafe, unsanitary, a nuisance or a menace to life, health or property or otherwise in violation of this Division, said Building Official shall investigate such report or complaint or condition. All reports or complaints filed with the Building Official shall be treated as confidential information.

If said investigation(s) results in a determination by the Building Official that there exists one or more violations of the regulations contained in this Division, he shall order the person using and/or maintaining and/or responsible for the use or maintenance thereof to discontinue such use and/or maintenance. The Building Official may order the supplier of gas or electricity to cease supplying the same when necessary to the preservation of life, health and/or property.

B. Every order referred to herein shall be in writing addressed to the person responsible for maintaining such condition, which unless otherwise determined shall be the owner of the property upon which said condition or conditions exist.

C. Refusal and/or failure to comply with any such notices or orders within a reasonable time after such notice or order has been presented by the Building Official pursuant to this section shall constitute a violation of this Division.

D. Any official notice and/or order, and/or citation shall be mailed via certified, return receipt mail, or shall be personally served upon the property owner of record and any other person determined by the Building Official to receive such notice.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Unless otherwise provided herein, it shall be unlawful for any person, firm or corporation including local government to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building, structure or facility or to install, alter, move, repair, or replace or cause to be installed any plumbing, gas or drainage work or any fixtures or water heating equipment or electrical equipment within the unincorporated areas of the county of Imperial without first obtaining a permit to do such work from the building official. The permits described by this section are required in addition to any other permits required herein, or that may be required by any other law whether specified herein or not. A separate permit shall be obtained for the work herein described for each building or structure or facility wherein said work is to be performed. It shall also be unlawful and a misdemeanor to perform any such work in violation of the ordinance codified in this section or the technical standards of adopted Code.

Old existing building and structures without proof of permits in the assessor's construction record will be evaluated by the building official, designated inspector or a required professional by the building official, who must be assigned and paid for his services by the property owner in order to determine substantial code compliance for such buildings or structures and allow permanence of them and occupancy.

(Ord. No. 1565, §§ 7, 8, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Once the required demolition permit is obtained, the owner or applicant will be entitled to a refund of the paid fee, minus fifteen dollars ($15.00) for administrative fee, as incentive for compliance, if the proposed work is performed, field verified and finalized by a county inspector before one hundred eighty (180) days of its issuance. A County check will be mailed to verified mailing address on the permit application.

(Ord. No. 1565, §§ 7, 8, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The Building Official may, prior to the issuance of any permit and/or prior to the first inspection, require that the corners of the lot/parcel be clearly marked or located. If in the opinion of the Building Official, the corner markers need to be located by a "surveyor", the applicant (permittee) shall be required to obtain a surveyor and have the corners properly marked.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Temporary sanitation facilities shall be provided for all construction sites, at the ratio of one water closet and one urinal for each twenty (20) persons per workplace. Said facilities shall be in place prior to any inspections being performed by the department.

EXCEPTION: Minor permits as determined by the Building Official, such as replacement of electrical services or plumbing work, may not require facilities. Furthermore, if the work site has unrestricted access to an adjacent facility with adequate restrooms temporary facilities need not be provided.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Applicants shall provide solid waste disposal bins for all construction projects. Bins shall be of sufficient capacity to meet the waste disposal needs of the project. If a construction site is being managed in a manner that would allow the off-site migration of litter, the construction site shall install appropriate temporary fencing in order to prevent off-site migration of litter.

All solid waste generated onsite shall be collected by an approved solid waste hauler that is permitted to haul solid waste. All construction wastes generated onsite shall either be transported by a permitted hauler to either an approved recycling facility or a permitted solid waste disposal facility.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

A. All applications for permits provided herein shall be made upon the appropriate forms provided by the County of Imperial. The application shall contain at a minimum, the following information:

1. Assessor's Parcel Number.

2. Legal Description.

3. Name of property owner.

4. Address and phone number of property owner (mailing).

5. Street address of project site.

6. A description of work to be performed.

7. Intended use of structure.

8. Size or volume of work proposed.

9. Estimated construction cost (total).

10. Name and address of contractor (if required).

11. Name and address of engineer/architect (if required).

12. Proof of Workman's Compensation (if required).

The Building Official shall require plans, specifications or drawings and such other information deemed as necessary. A detailed site plan shall be required with each permit application, except that projects needing only a basic review (ex. minor maintenance, minor repairs, etc.), as determined by the Building Official.

B. A site plan may not be required for permits involving routine maintenance, remodeling or alteration of existing industrial or commercial facilities that are subject to Section 91002.10 (exception), as determined by the Building Official.

C. A copy of each application filed with the Planning and Development Services Department or any other County Department pursuant to the provisions of this Division shall be transmitted to the Imperial County Assessor, and shall be open to public inspection.

D. The plans/construction drawings submitted as part of the application shall be deemed and managed by the department as confidential information and shall not be open to random public inspection. Technical drawings and plans shall only be available to the public under the following conditions.

1. Court order

2. To the property owner of record upon proper I.D.

3. To the public with a signed release from the property owner and the architect or engineer of record

4. To the contractor of record

5. To County Counsel.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Code.

The building official shall require that applications made pursuant to this division contain satisfactory proof of compliance with all provisions contained in Title 9 of the Codified Ordinance of the County of Imperial.

ANNUAL PERMIT:

In lieu of the above, and at the option of the building official, any person, firm, or corporation, regularly employing (thirty (30) hrs./Week or more) one or more person(s) qualified for the purpose of maintenance, making installations, additions, repairs, etc. on his/her or its premises, shall file with the building official at least semi-annually, a report or reports, describing all such maintenance, repairs, alterations, installations or additions (reporting may be quarterly if required by building official).

At the time said report is filed, such person, firm or corporation shall pay the permit fee that may be required as provided within the ordinance codified in this section. All work shall have been done and installed in accordance with the provisions of the ordinance, and such work shall be subject to inspection by the building official to the extent necessary as determined by the building official. A minimum of two hours "fully burden" rate shall be paid per inspection required.

A building permit application can be submitted for a term of three years for code compliance inspections required for special temporary events repeated year after year in the county, provided that the structure and installations are the same.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Editor's note— Ord. No. 1587, adopted December 5, 20223, rescinded and reenacted § 91002.12 to read as herein set out. Former § 91002.12 pertained to compliance with Title 9 of the Codified Ordinances of the county of Imperial, and derived from Ord. No. 1565, adopted December 15, 2020.

A. Except as otherwise set forth in this Division, fees for each permit issued by the Building Official pursuant to this Division shall be paid -before issuance of such permit. The fees are those schedule of fees contained in the adopted code and any other fees as delineated within Title 9, Division 9.

B. Where work for which a permit is required by this Division, other than emergency work as defined in Section 91002.13, is commenced prior to obtaining such permit, the fees required hereby shall be doubled, but the payment of such double fee shall not relieve any person from compliance with the requirements hereof or from the penalties prescribed herein.

C. All fees collected by the Building Inspection Division shall be turned over to the County Treasurer and shall be deposited in the General Fund of Imperial County, and/or such special trust funds as approved.

D. The following entities requiring permits under this chapter shall be exempt from payment of building permit fees, (Reference Gov. Code 6103.7) but shall not be exempt from compliance with the provisions of this Division: (shall pay actual costs that the County may incur including for contract plan checking, and special expertise consultation):

1. County of Imperial.

2. Incorporated cities.

3. State/Federal Government Agencies.

4. No other agency or organization shall be exempt from fees.

5. The Imperial Irrigation District (I.I.D.), shall be required to obtain permits for the construction of any structure for human occupancy; warehouse or storage facility. Permits shall not be required for structures used exclusively for power/water distribution (i.e. for structures having none or limited human occupancy (i.e., remote-controlled power plants, sub-stations, etc.)

6. Special districts shall be defined as "a service district providing a public service for a given area, such as fire protection, water and/or sewer distribution, etc. and whose governing body is duly-elected by the district constituents". Special districts shall be treated the same as Number 5 above.

7. School district(s) shall be defined as... "All facilities, structures, buildings, not used for instruction of students, classrooms, auditoriums and, under direct control of the Office of the State Architect, shall be subject to all provisions of this Division. Such facilities shall include, but not be limited to, administration facilities, bus repair shops, garages, etc." School districts shall not be exempt from fees except that they shall only be required to pay actual costs.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Any person who commences any work for which a permit is required by this Division without first obtaining a permit therefore shall, if subsequently granted a permit to perform such work, pay double the permit fee fixed herein. The provisions of this subparagraph do not apply to emergency work when it is proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefore prior to commencement of the work. However, if the person responsible for performing said emergency work fails to obtain a permit within seventy-two (72) hours after said emergency work is commenced, the double fee as herein provided shall be charged. The provisions of this subparagraph are to apply in addition to the imposition of any other penalties, sanctions, or legal remedies provided elsewhere in the Code for violations thereof.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

A. The recipient of a permit issued pursuant to the provisions of this Division shall be entitled to a refund in the amount of seventy percent (70%) of the fees he/she has actually paid for such permit if all the provisions of subparagraphs (1), (2) and (3) hereunder are complied with:

1. The permit is canceled prior to the commencement of work or construction covered by the permit and no on-site inspections have been made;

2. A written request for a refund is received by the division not more than one hundred eighty (180) days from the date said permit was issued, and

3. After receipt of the permittee's application for refund, the Building Official is satisfied that said permittee is entitled to such refund.

B. The payment of refunds as provided in paragraph (A) above shall be made in the manner provided for payment of claims against the County of Imperial. Refunds shall not be made for plan checking fees, zoning and administration cost paid pursuant to this Division.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Every permit issued by the building official pursuant to the provisions of this division shall expire and become null and void upon the occurrence of either of the following, except that no permit shall continue to be active for more than thirty-six (36) consecutive months:

A. If the work authorized by the permit has not been commenced within twelve (12) months from the date of issuance of said permit; or

B. If, after the work authorized by said permit has been commenced, such work has been suspended or abandoned for a period of twelve (12) months. The one hundred eighty (180) days shall be determined from the last inspection date on the inspection record.

(Ord. No. 1565, §§ 7, 8, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

In the event a permit expires and becomes null and void pursuant to the provisions contained in Section 91002.15, and/or a permit is suspended or revoked by the Building Official, the following renewal fees shall be required:

A. If a permit expires pursuant to Section 91002.15; the renewal fee shall be one-half the original total fee, except SMI (Seismic Motion Instrumentation) building inspections (if no work has commenced) General Plan and Development Impact Fees provided:

1. The suspension described in Section 91002.14 has not exceeded one year in duration; and

2. The plans and specifications submitted for the original permit are resubmitted without any changes made thereto.

B. If a permit is suspended, revoked or voided by the Building Official, the renewal fee shall be twice the original fee.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

There is hereby created a Board of Appeals consisting of seven members, the members shall be qualified in accordance with the following:

Two General Building Contractors.

One Plumbing Contractor.

One Electrical Contractor.

One Mechanical/Air Conditioning Contractor.

One Layperson.

One Architect or Engineer.

These members shall be appointed by the Board of Supervisors. Of the members so appointed, two will be appointed for a term of one year; one will be appointed for a term of two years; two will be appointed for a term of four years. Upon expiration of each of these terms the succeeding terms for the original appointee or his successor will be four years in length. The Building Official shall act as secretary to the Board of Appeals. The secretary shall maintain or cause to be maintained minutes of meetings and shall record all proceeding before said Board of Appeals by mechanical means.

The Board of Appeals may from time to time make written recommendations to the Board of Supervisors as to changes or additions relating to the suitability of materials and types of construction or additions relating to the specified herein.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Any person aggrieved by the decision of the Building Official as to a matter within the purview of this Division shall have the right to appeal such decision to the Board of Appeals in accordance with rules and regulations relating to appeal procedures adopted by said Board of Appeals.

An appeal may be made by filing an application therefore, with the Building Official. Such application must be accompanied by a filing fee as specified in Division 9, of four hundred dollars ($400.00).

(Ord. No. 1565, §§ 7, 8, 12-15-20)

The decision of the Board of Appeals on any appeal shall be final, unless within ten (10) days after said decision, a written appeal to the Board of Supervisors is filed by the applicant with the Planning Department. Said appeal shall state the specific reason(s) upon which the appeal is made.

1. The written appeal clearly states the following:

a. Name of person(s) filing appeal,

b. Address and phone number of person(s) filing appeal,

c. Project/decision being appealed,

d. Reason for filing appeal,

e. Facts, condition(s), information, error, or other specifics to warrant appeal,

f. Prior effort(s) made to arrive at acceptable solution if any,

g. Action being requested (i.e. deny project, approve project, modify conditions, etc.),

h. Signature of appellant.

The appeal shall be accompanied by a filing fee of six hundred fifty dollars ($650.00). Said appeal shall be heard at a scheduled public hearing by the Board of Supervisors following the date of the filing of said appeal. Notice of the time and place of said hearing shall be given to the appellant by mailing such notice to the appellant, postage prepaid, at his/her last known address at least five days prior to the date set for such hearing. A copy of said notice shall also be sent to the Building Official and to all members of the Board of Appeals. The Board of Supervisors shall not consider any appeal until the appeal has first been considered by the Building Board of Appeals, and said Appeals Board has rendered a decision and filed a written report with the Board of Supervisors.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

This Division shall not be construed as imposing upon the County of Imperial, 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 hereunder.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Provisions of this Division are not applicable to livestock feed pens, or livestock sunshades less than two thousand (2,000) square foot (aggregate).

(Ord. No. 1565, §§ 7, 8, 12-15-20)

One copy of all codes incorporated by reference or otherwise made a part of this Division shall be placed on file in the Planning and Development Services Department for examination and use by the public.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Notwithstanding any other provision of this Division, nothing herein contained shall be construed in a manner contrary to the provisions and requirements of Part 1.5 of Division 13 of the Health and Safety Code of the State of California, or any other applicable statute, law, rule or regulation of the State of California.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Nothing in this division shall be construed as prohibiting any person from doing his/her own work nor from employing any person to work on a building or structure to which the provisions of this division apply, provided there is full compliance with Section 3800 of the California Labor Code and other applicable state/federal laws.

An owner-builder is exempt from licensure, but there are limitations.

A license is not required if:

1. The owner-builder does the work himself or herself or through his or her own employees with wages as their sole compensation and the structure(s) is/are not intended for sale. However, for commercial and industrial projects, special inspections and tests are still required as well as structural observation per 2022 CBC Chapter 17.

2. The owner-builder contracts with properly licensed subcontractor(s). (This exemption applies to the construction of a single-family residential structure and limits the number of structures intended or offered for sale to four or fewer in a calendar year.)

3. The owner-builder contracts with a general building ("B") contractor. (The number of structures is then unlimited.)

A homeowner improving his or her principal place of residence is exempt from licensure if all of the following exist:

1. The work is performed prior to sale;

2. The homeowner resides in the residence for the 12 months prior to completion of the work; and,

3. The homeowner has not taken advantage of this exemption on more than two structures during any three-year period.

Property owners are prohibited from performing well-drilling work covered under the well drilling (C-57) classification.

1. The owner-builder exemption would apply to an individual who builds homes for resale under any of the following conditions:

2. Licensed tradesmen are hired to perform all work on the project (provided no more than four structures per calendar year are intended for resale).

3. A licensed general contractor is hired to perform and/or subcontract the completion of all work on the project. (No restriction on the number of structures completed per calendar year.)

4. The owner-builder performs the work, all or in part, and resides in the completed structure for one year prior to resale. (Applies to not more than two structures in a three-year period.)

5. For more information regarding owner-builder, see Section 7044 of the Business and Professions Code or The Risks of Being an Owner-Builder under the "Consumers" section of the California State License Board website.

Where state or federal laws require specific licenses or certificates, the building department shall not issue a permit to an owner or other person(s) unless they prove possession of such certificate or license.

The building official shall have final decision authority to determine whether or not an "owner/builder" qualifies to perform his/her own work and whether or not to then issue a permit. If the department issues a permit to an owner/builder and subsequently discover that the work being done is not being performed by the owner/builder, and/or a licensed contractor with appropriate required issuance, the department shall immediately revoke the permit. To reissue said permit shall cost double the original or current fee.

(Ord. No. 1565, §§ 7, 8, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Prefabricated buildings, which are to be located in Imperial County are subject to all provisions of this Division regulating the construction of all new buildings, unless such factory-built housing is manufactured in accordance with requirements contained in Part 6 of Division 13, Health and Safety Code (commencing with Section 19960) and Chapter 3, Title 25 of the California Code of Regulations.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

No permits are required for detached shade structures constructed of cloth or any material allowed by code for nursery, storage or recreational purposes not including service systems, up to an area of one hundred twenty (120) square feet and no more than one story or ten (10) feet high, keeping the required setbacks.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Clothes washer and dryer installed at exterior of buildings must be protected from weather by a laundry room, closet or a roof shade with a minimum of six feet beyond the sides and at front of the appliances.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

A. For Storage.

1. Portable cargo containers, and other similar structures shall be subject to building permits. Containers shall be installed on foundations designed by California Registered Engineers; use standard design for garages; or shall be set as a portable unit with the floor elevated to provide six-inch separation between untreated wood, or metal and the ground.

2. Cargo containers shall be located at least five feet from a side or rear yard property line and ten (10) feet from another building and shall be located as required for accessory structures (i.e. incidental storage) per the zoning ordinance.

3. The area occupied by the container(s) shall comply with the maximum area limitations for storage per the zoning code.

4. Containers shall not be "stacked" on top of each other or joined in any manner.

5. The use shall be limited to incidental storage and shall not be used to store hazardous materials unless approved by the Fire Department.

6. The use shall not allow human occupancy of the containers.

7. Containers that have been factory-built with any electrical, plumbing, heating or air conditioning system, shall not be connected to a power source.

8. Containers shall be maintained in good condition and free of graffiti at all times.

B. Conversion to Building Modules.

Purpose:

1. The purpose of this information is to define the requirements for the conversion of cargo containers to buildings, as accepted by Imperial County Planning and Development Services (ICPDS).

Background:

The use of cargo containers (also known as shipping containers) in building construction is growing due to sustainability and economic demands.

Cargo containers are manufactured all over the world to meet the standards set by the International Convention of Safe Containers (CSC). The CSC is an international agreement ratified by various countries including United States. Inspection and testing services at the point of manufacture of the cargo containers are provided by a Certified Inspection and Testing Agency (CITA) specifically authorized to certify containers by an administration signatory to the CSC. The selected CITA inspects the cargo containers at the point of manufacture, and if the pass the inspection, places a CSC safety approval placard (CSC plate) on each container and assigns a unique CSC tracking number to each container. The inspected containers will also have the selected CITA organization logo affixed to them.

A Cargo Container is also referred to as a "module". Two or more modules may be joined together to form a unit module. Cargo container conversions to building modules are limited to two stories in height.

1. Container Conversions Approved by California Department of Housing and Community Development as Factory-Built Housing (FBH):

•

Cargo container conversions reviewed and approved by the California Department of Housing and Community Development (HCD) are accepted by Imperial County Planning and Development Services (ICPDS) as approved.

•

Cargo Container conversions, as Factory Built Housing (FBH), are subject to the review of zoning regulations and the review of the building location on the property by the department. Clearance approval from other County agencies shall be obtained where required.

•

Plan review and inspection of factory-built housing modules shall follow the guidelines specified in Information Bulletin, P/BC 2020-112, "Plan Check Guidelines for State Approved Factory-Built Housing".

•

Onsite modifications to those container conversions previously approved by HCD are subject to the review and approval by ICPDS if the building is not more than two stories in height. Otherwise, onsite modifications are not permitted, unless approved by HCD.

2. Selection of Containers for Conversion: The cargo containers selected for conversion to buildings shall meet all of the following requirements:

2.1

Container shall be general purpose container conforming to ISO1496-1 and ISO 6346 issued by the International Organization for Standardization.

2.2

Container shall have an affixed CSC approval placard, and it shall have been surveyed and verified by a Licensed Marine Surveyor as undamaged. The container must not have been used after the above survey. A copy of the survey and verification forms completed and signed by the Licensed Marine Surveyor shall be placed in the container and shall be made available to the in-plant and project inspectors.

2.3

Container shall have one of the following CITA logos affixed to it:

•

ABS (American Bureau of Shipping)

•

BV (Bureau Veritas)

•

DNV (Det Norske Veritas AS)

•

DNV GL (Det Norske Veritas Germanisher LloydGL (Gcrmanisher Lloyd)

•

LR (Lloyd's Register)

Containers bearing other CITA logos may be used subject to ICPDS's approval. The modular building manufacturer shall submit for ICPDS review the CITA rules and guidelines for container certification.

•

Container used in a building shall be of all the same type and from the same manufacturer.

2.4

Container used in a building shall have been manufactured within twenty-four (24) months of the date of ICPDS approval of the site specific building design drawings.

2.5

Container shall be undamaged and have no previous repairs.

2.6

Container type shall be standard dry cargo container, used for the one-way transportation of dry goods only. Container shall not have been used for transporting hazardous materials. Container shall not have been painted with paint containing lead.

2.7

Manufacturer's original design/fabrication drawings for the container, with English translation, shall be provided to the project inspectors for the verification and evaluation of the as-built container material and member properties, and connection details.

2.8

Copies of original design/fabrication drawings of the selected cargo container shall be included as a part of the modular building construction documents. These drawings shall be identified as "For Reference Only". The structural engineer of record shall develop as-built drawings for the cargo container showing the complete as-built information required for verification and evaluation of the unmodified cargo container. This information shall be included as a part of the modular building construction documents. The structural engineer of record shall stamp and sign the as-built drawings.

3. Structural Integrity Verification of Each Unmodified Container: Condition assessment per ASCE 41-13 Section 4.3.3 and non-destructive weld test (NOT) as an alternate means of compliance with the requirements of ASCE 41-13 Section 9.2.2.4.2 (Comprehensive testing) shall be performed in the U.S. by a laboratory accepted by ICPDS after the container is purchased by the company performing the conversion to a building and prior to the start of construction or rehabilitation on the container. The owner shall pay for the structural integrity verficiation of each unmodified container. The following guidelines shall be used:

3.1

A detailed written report verifying the condition and sealed by a California licensed professional engineer shall be prepared by the laboratory documents the visual inspections, test results, and general condition assessment for each container. Copies shall be distributed to ICPDS, for review as a part of approval requirements, and the owner. A copy of the above report shall be placed in the module and shall be made available for inspections both in the plan and at the site.

4. Basic Requirements. All Portions of container buildings shall conform to all requirements of the California Building Code. The building structure, all structural elements and details shall be analyzed and justified through established engineering principles, in accordance with the current CBC requirements.

4.1

Lateral Force Resisting System:

In all cases, a continuous load path of wind and seismic forces from point of origination to foundations must be maintained and demonstrated by sections and details on the approved plans. All connections must be detailed and supported by calculations.

For the corrugated roof metal deck, the roof diaphragm capacity may be determined per the Steel Deck Institute Diaphragm Design Manual. For the floor with plywood sheathing over cold formed steel joists, the floor diaphragm capacity shall be determined per North American Standard for Cold Formed Steel Framing- Lateral Design (AISI S213-07 w/S1-09, 2012).

Adjacent modules within the unit shall be positively connected to each other such that the unit will perform as one module. Adjacent unit shall be either positively connected to each other such that the units together will perform as one structure or structurally separated with adequate gap between them such that each unit will perform as a separate structure. Diaphragms, chords, and collectors shall be designed and detailed to satisfy Section 12.10 of ASCE 7-10.

The required structural separation between the container building and any adjacent structure (elevators, stairs, etc.) shall be shown on the modular building design drawings and the approved plans.

4.2

Allowable Strength of Containers Based on Test Results:

Allowable structural strength of a whole container (without openings or any parts of original box removed or cut) will be taken of the strength obtained from the test results.

All test reports and results of allowable strength of containers used as building components shall be provided by an approved testing agency.

4.3

Altered Containers:

When a container is altered by cutting, removing or replacing structural elements, allowable strength derived from test results will not be acceptable unless it meets the following conditions:

•

If steel frame elements are replaced, a similar or higher grade of steel shall be used. Cross section of new element must be equal to or larger than the element removed. All new welds and connections must be equal to or larger than original connections and complying with the applicable ASTM steel standards.

•

When openings are made in container walls for doors, windows and others, opening must be framed with steel elements resembling or exceeding elements in the original frame and complying with the applicable ASTM steel standards.

•

When the length (in the plan view) of openings in any one wall does not exceed twenty percent (20%) of the total length of the wall, allowable strength can be derived from test results as explained in Section 3.2 above with a reduction equal to the maximum ratio of openings in any of the four walls of the container.

•

When the length of openings in any one wall exceeds twenty percent (20%) of the total wall length, test results cannot be used to calculate allowable strength of the containers. Structural calculations must be provided to justify allowable strength based on acceptable engineering practices. Steel grade and yielding strength of original container elements must be documented or determined by tests.

•

In all cases, a continuous load path of gravity forces from the point of origination to foundation must be maintained and demonstrated by sections and details. All connection designs must be detailed and supported by calculations.

•

Continuous deputy inspection shall be required for all field wielding.

4.4

Architectural Criteria:

1. Due to the fact that most of the containers have a wood floor decking that is possibly impregnated with toxic chemicals to deter rodents and other pests, such floors shall be removed and disposed of in an acceptable manner. The wood floor deck shall be replaced with steel plate, plywood or OSB in accordance with the engineer's design and in accordance with the construction type of the proposed new structure.

2. The existing structure will need to be tested for lead based paint. If any lead based paint is found in the proposed structure, it will need to be addressed in accordance with EPA lead based paint remediation guidelines for existing structures with lead based paint.

4.5

Protection Against Deterioration:

To reduce problems of deterioration, dry rot, or rust, drainage shall be provided to prevent water from ponding beneath buildings. Under-floor ventilation, under floor clearance, and the treatment of wood members in close proximity to exposed ground, shall be in accordance with the CBC 2019 Edition.

The minimum thickness of steel deck diaphragms and steel structural members permitted is 20-gage. The minimum thickness of non-structural steel roof decking and wall siding is 26-gage, protected with a durability coating. Steel members shall be given a rust inhibitive coating.

4.6

Electrical, Mechanical and Plumbing:

Electrical, mechanical and plumbing permits shall be required. All utility installations shall conform to the requirements of Title 24, Parts 3, 4 and 5.

Provisions shall be made for grounding the electrical system and equipment for each individual building and this shall be shown on the drawings.

A bonded common grounding electrode shall be provided for each metal building, exposed metal frame, ramp, stair and the electrical system per current code requirements.

A means of access shall be provided per Section 1208.1 of the California Building Code to all under-floor utilities such as electrical, mechanical and plumbing.

4.7

Permanent Foundations:

Container Buildings shall be installed on permanent foundations in compliance with the 2019 California Building Code. The distance below the underside of the plywood floor sheathing to the exposed soil shall not be less than eighteen (18) inches unless the plywood is pressure treated. In cases where the existing marine grade plywood floor sheathing is to be replaced by new plywood sheathing and the distance to the exposed soil is less than eighteen (18) inches, the new plywood shall be pressure treated and have the exposure durability classification- Exterior. All pressure treated plywood shall be verified to be harmless to humans or shall be encapsulated. Encapsulating details shall be submitted to ICPDS for review.

4.8

Roof Drainage:

The design and installation of roof drainage system shall comply with Section 1502 of the 2019 California Building Code.

4.9

Other code requirements:

Container building shall comply with the California Energy Code (Title 24, Part 6) Accessibility Regulations of the 2019 California Building Code and the 2019 California Green Code (Title 24, part 11) requirements.

Container buildings shall comply with the Fire Department regulations when applicable.

All of the above information is to be included in the final verified reports by the contractor and the County Inspector.

The permit fee for containers shall be based on the fee schedule as set forth in this ordinance Section 91002.12

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Limitations. Buildings are permitted to be constructed in accordance with the provisions of conventional light-frame construction, subject to the limitations in Sections 2308.2.1 through 2308.2.6 of California Building Code (CBC) 2022 Edition.

Stories. Structures of conventional light-frame construction shall be limited to one story. Buildings of two or more stories require the structural design stamped and signed by a California registered engineer.

For the purposes of this section, for buildings assigned to Seismic Design Category D or E, cripple walls shall be considered to be a story unless cripple walls are solid blocked and do not exceed fourteen (14) inches in height.

Allowable floor-to-floor height. Maximum floor-to-floor height shall not exceed eleven (11) feet, seven inches (3,531 mm). Exterior bearing wall and interior braced wall heights shall not exceed a stud height of ten (10) feet (3,048 mm).

Allowable loads. Windspeed and roof span loads shall be in accordance with Chapter 16 and Section 2304, 2305 and 2308 of the CBC.

Risk category limitation. The use of the provisions for conventional light-frame construction in Section 2308 shall not be permitted for Risk Category IV buildings assigned to Seismic Design Category D.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Editor's note— Ord. No. 1587, adopted December 5, 2023, rescinded and reenacted § 91002.30 to read as herein set out. Former § 91002.30 pertained to special requirements for geologic hazard zone, and derived from Ord. No. 1565, adopted December 15, 2020.

Investigations required. Geotechnical investigations shall be conducted in accordance with Sections 1803.3 through 1803.5 of California Building Code (CBC) 2022 Edition.

Exception. The building official shall be permitted to waive the requirement for a geotechnical investigation where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in Sections 1803.5.1 through 1803.5.6 and Sections 1803.5.10 and 1803.5.11.

Seismic Design Categories C through F. For structures assigned to Seismic Design Category C, D, E or F, a geotechnical investigation shall be conducted, and shall include an evaluation of all of the following potential geologic and seismic hazards:

1. Slope instability.

2. Liquefaction.

3. Total and differential settlement.

4. Surface displacement due to faulting or seismically induced lateral spreading or lateral flow.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Editor's note— Ord. No. 1587, adopted December 5, 2023, rescinded and reenacted § 91002.31 to read as herein set out. Former § 91002.31 pertained to fees and derived from Ord. No. 1565, adopted December 15, 2020.

Any person, firm, or corporation violating any provision of this Division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed one thousand dollars ($1,000.00) or by imprisonment in County Jail for not to exceed six months, or by both fine and imprisonment. Each separate day or any portion thereof during which any violation of this Code occurs or continues, shall constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

The Building Official or his designee(s) having the authority under Division 13 to issue citations, against any person, firm or corporation that is in violation of any provision of this ordinance and/or any section, article, or regulation of the adopted codes, may issue a citation to effect compliance with all applicable laws, ordinances, and/or regulations. The citation shall be issued only by duly qualified personnel and upon the format approved by the Courts.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

No vacant land in any zone established under the provisions of this division shall hereafter be occupied or used, except for agricultural uses, and no building hereafter erected, structurally altered, or moved in any such zone shall be occupied or used until a certificate of occupancy shall have been issued by the county building official.

A. Certificates of occupancy for a new building, or the enlargement, alterations or moving of an existing building, shall be applied for and shall be issued within ten (10) days after the erection or alteration, subject to all agencies signing off of such building shall have been completed in conformity with the provisions of this and other pertinent laws of the county. A certificate of occupancy shall not be required for any of the following:

1. Any buildings not intended primarily for occupancy by human beings.

2. Any buildings designed and constructed for use as a dwelling by not more than two families.

3. Any building designed and constructed for use in housing poultry, livestock, hay, grain, or farm implements and supplies.

B. Certificates of occupancy for the use of vacant land, or the change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that of grazing, tilling the soil and the growing therein of farm, garden or orchard products, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provisions of this and other pertinent laws of the county.

C. Certificates of occupancy shall state that the building, or proposed use of a building or land, complies with the provisions of this title, or that a variance or a conditional use permit has been issued for this proposed use. A record of all certificates shall be kept on file in the office of the county building official and copies shall be furnished on request, to any person having a propriety or tenancy interest in the building or land affected.

D. Temporary certificate of occupancy may be issued before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. It will not be issued for more than ninety (90) days. A required processing fee of one hundred dollars ($100.00) plus calculated fee for cost of recovery of staff member(s) at the rate of 0.25 hour of Section 90901.09(H).

E. No fee shall be charged for any original final certificate. For extensions of temporary certificate, a fifty dollars ($50.00) fee shall be charged plus calculated fee for cost recovery of staff members as implicated above. For copies of any original certificates a ten dollars ($10.00) fee shall be charged.

F. Certificates of occupancy for nonconforming uses existing at the time of the passage of this title or any amendment thereto may be issued by the county building official upon request, and the certificate shall state that the use is a non-conforming use existing prior to the adoption of this Title and therefore may be continued as provided in this Title.

(Ord. No. 1565, §§ 7, 8, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The County of Imperial has noted significant structural damage in wood frame buildings due to "termite" infestation. This has the potential to adversely affect the housing stock in the County and result in added housing costs. It is therefore required that all new construction, including additions to existing structures be "pre-treated" for termite control. Proof of pre-treatment shall be provided prior to framing inspection.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Separation walls between "R" occupancies and "U" occupancies shall be one hour rated. (Buildings and structures of an accessory character and miscellaneous structures not classified in any other specific occupancies).

Separation from residence and attics not less than one-half inch gypsum board or equivalent applied to the garage side and from habitable rooms above a garage or carport, not less than five-eighths inch type x gypsum board or equivalent.

(Ord. No. 1565, §§ 7, 8, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Foundation plates or sills resting on concrete or masonry foundations shall comply with Section 2304.3.1 of the California Building Code. Foundations plates or sills shall be bolted or anchored to the foundation with not less than one-half inch diameter (12.7 mm) steel bolts or approved anchors spaced to provide equivalent anchorages the steel bolts or anchoring epoxy formulated and tested in accordance with ICC-ES appropriate code listings. Bolts shall be embedded at least seven inches (178 mm) into concrete or masonry, and spaced not more than six feet (1,829 mm) apart. There shall be a minimum of two bolts or anchor straps per piece with one bolt or anchor strap located not more than twelve (12) inches (305 mm) or less than four inches (102 mm) from each end of each piece. Bolts in sill plates of braced wall lines in structures over two stories above grade shall be spaced not more than four feet on center. Plate washers shall be not less than 0.229 inch by three inches by three inches in size.

A properly sized nut and washer shall be tightened on each bolt to the plate (0.229-inch x three-inch x three-inch). Such anchors shall be distributed along the length of the braced wall line. Other anchorage device having equivalent capacity are permitted.

Concrete slabs shall have a minimum of five-inch thickness and rest directly on a minimum of six mil polyethylene vapor retarder with joints lapped not less than six inches placed on top of the base course, capillary brake or subgrade.

(Ord. No. 1565, §§ 7, 8, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

At the discretion of the Building Official, the installation provisions that apply to MH-units, as required by Title 25, California Code of Regulations, Division 1, Chapter 2, Article 7, Section 1362, shall apply equally to commercial modular.

Installation tests (as printed in Section 1362) are as follows:

a) The potable water distribution system of the MH-unit and the supply connection shall show no evidence of leakage under normal operating pressures. If water at normal operating pressure is not available, the water distribution system shall be tested by a fifty (50) psi air pressure test for a period of not less than fifteen (15) minutes without leaking.

b) The MH-unit drainage piping system shall be connected to the lot drain inlet, and tested by allowing water to flow into all fixtures, and receptors, including the clothes washer standpipe, for a period of three minutes. If water under pressure is not available, the drainage piping system shall be tested by letting at least three gallons of water into each fixture and receptor. There shall be no visible evidence of leaks.

c) The MH-unit fuel gas piping system shall be tested before it is connected to the lot gas outlet. The gas piping system shall be subjected to a pressure test with all appliance shut-off valves, except those ahead of fuel gas cooking appliances, in the open position. Appliance shut-off valves ahead of fuel gas cooking appliances may be closed.

(1) The test shall consist of air pressure at not less than ten (10) inches nor more than a maximum of fourteen (14) inches water column. (Six ounces to a maximum eight ounces). The system shall be isolated from the air pressure source and maintain this pressure for not less than two minutes without perceptible leakage. Upon satisfactory completion of the test, if the appliance valves ahead of fuel gas cooking appliances have been shut off, they shall be opened and the gas cooking appliance connectors tested with soapy water or bubble solution while under the pressure remaining in the piping system. Solutions used for testing for leakage shall not contain corrosive chemicals. Pressures shall be measured with either a manometer, slope gauge, or gauge calibrated in either water inches or psi with increments of either one-tenth inch or one-tenth ounce, as applicable.

NOTE: The fuel-gas piping system shall not be over-pressurized. Pressurization beyond the maximum specified may result in damage to valves, regulators, appliances, etc.

(2) Gas appliance vents shall be inspected to insure that they have not been dislodged in transit and are securely connected to the appliance.

d) The electrical wiring and power supply feeder assembly of the MH-unit shall be tested for continuity and grounding. The electrical wiring system shall not be energized during the test. An MH-unit equipped with a power supply cord shall not be connected to the lot service equipment. An MH-unit equipped with a feeder assembly shall have the flexible metal conduit of the feeder assembly connected to the lot service equipment; however, the supply conductors, including the neutral conductor, shall not be connected.

(1) The continuity test shall be made with all interior branch circuit switches or circuit breakers and all switches controlling individual outlets, fixtures and appliances in the "on" position. The test shall be made by connecting one lead of the test instrument to the MH-unit grounding conductor at the point of supply to the feeder assembly, and applying the other lead to each of the supply conductors, including the neutral conductor. There shall be no evidence of any connection between any of the supply conductors and the grounding conductor. In addition, all noncurrent- carrying metal parts of electrical equipment, including fixtures and appliances, shall be tested to determine continuity between such equipment and the equipment grounding conductor.

(2) Upon completion of the continuity test, the power supply cord or feeder assembly shall be connected at the lot service equipment. A further continuity test shall then be made between the grounding electrode and the chassis of the MH-unit.

(3) If the final electrical connection has been approved by the enforcement agency and electrical energy is available at the lot equipment, a polarity test shall be conducted with the MH-unit energized.

e) When an MH-unit consists of two or more sections, all utility connections from one section to another shall be visually inspected and included in the tests.

f) Upon approval of the installation and satisfactory completion of the gas and electrical tests, the lot equipment shall be approved for service connection.

g) When installed, fire sprinkler systems shall be hydrostatically tested in accordance with Title 25, Chapter 3, Section 4320.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

All habitable structures (conventional or manufactured) on property that is located within the unincorporated areas of the County of Imperial shall include a functional, heating and air-conditioning system that will maintain indoor temperatures of the structure at a minimum temperature of 68°F for heating and a maximum 75°F for cooling.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Introduction:

For the most part, a tiny home is a single-family dwelling on a very small scale. The California Residential Code 2019 Edition defines a tiny home as a dwelling that is four hundred (400) square feet or less in floor area, excluding lofts.

Tiny homes are dwellings. A dwelling is considered by building codes to be used as a non-transient occupancy for the purposes of living, which includes sleeping and cooking. Dwellings are not for transient use, where occupants unfamiliar with the building will stay temporarily, such as a hotel room.

Dwellings are therefore generally subjected to the same building code regulations as any other home.

Scope of building codes:

Tiny homes are built in different ways, and it is important to identify which types of tiny homes fall within the scope and application of building codes.

Types of tiny homes include the following:

•

Recreational vehicles.

•

Manufactured homes (park models).

•

Modular dwellings.

•

Site-built dwellings.

Building codes will apply only to tiny homes in the form of modular dwelling and site-built dwellings. Those taking the form of recreational vehicles and manufactured homes are not regulated by building codes but are under the regulation of park models and recreation vehicles standard. (See Division 12, Chapter 2.)

For the purposes of these guidelines, a tiny home is intended for permanent and non-transitory occupancy or residency. Also, for the purposes of these guidelines, tiny homes are not attached to multiple units and would not be configured or used as a bunkhouse.

Modular Dwellings: Modular dwellings are built in whole or in part at a factory, and then taken to a site for installation. These types of dwellings are not built or labeled to the HUD standards for manufactured homes nor labeled as such. Modular dwellings are regulated by building codes.

Site-Built Dwellings: If a tiny home is a building used for occupancy that meets these definitions and is excluded by being considered an RV, manufactured home, mobile home, or park model, then the building code applies.

Code Application:

There are two nationally recognized, voluntary building construction codes promulgated in the United States that regulate the construction of single-family dwellings: NFPA 5000, Building Construction and Safety Code, promulgated by the National Fire Protection Association (NFPA), and the international Building Code (IBC) promulgated by the International Code Council (ICC). Generally, the IBC establishes regulations for homes in the International Residential Code (IRC). Provisions in these documents for their 2018 editions are the base for our California Code of Regulations Title 24.

Tiny homes are separate buildings intended for non-transient living purposes. The occupancy that building codes establish for residential living is a dwelling unit: in NFPA 5000. The occupancy is a one- and two-family dwelling; in the IBC/IRC it is an R-3 occupancy.

Tiny homes are single-family dwellings, and under this occupancy description the building code will regulate them. A dwelling is defined as a building provided with permanent provisions for sleeping, cooking, eating, living, and sanitation.

Tiny homes are not accessory structures, as considered by building codes. A dwelling, no matter what the size, is a primary use and a permanent, habitable occupancy.

Following are building code-related issues that may affect the design and construction of tiny homes. This is not intended to be a complete code analysis. These are the general requirements that have the greatest effect, and these citations do not necessarily reflect all the exceptions, allowance, and trade-offs established by the codes.

•

Room size and dimensions.

•

Mezzanines/Lofts.

•

Headroom.

•

Means of escape.

•

Egress Width.

•

Stairs. •

Automatic Fire Sprinklers.

•

Smoke Alarms.

•

Carbon Monoxide Alarms.

•

Sanitation.

•

Light and Ventilation.

•

Electrical.

•

Accessibility.

•

Plumbing.

•

Mechanical.

•

Energy Compliance.

CONCLUSION

Building codes apply to tiny homes if they are constructed in ways that fall within the scope of building codes. Recreational vehicles and manufactured homes do not fall within the scope of building codes.

Consideration should be given to the design elements as an equivalent alternate or alternate design as approved by the AHJ.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of California Building Code Section 1511. Exception: Roof replacement or roof repair of less than one hundred (100) square feet is exempt of a building permit.

(Ord. No. 1565, §§ 7, 8, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)