Division 9 — BUILDING REGULATIONS

Division 9 - BUILDING REGULATIONS

CHAPTER 1. - ADOPTION OF BUILDING AND FIRE CODE[[9]]

Footnotes:

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Editor's note— Ord. No. 19-14, § 2, adopted November 12, 2019, repealed the former Ch. 1, §§ 5-9-101, 5-9-102, and enacted a new Ch. 1 as set out herein. The former Ch. 1 pertained to similar subject matter and derived from Ord. No. 16-07, § 2, 9-27-16.

Sec. 5-9-101. - Adoption of Building Code.

There is hereby adopted by the City Council for the purpose of prescribing regulations for the construction, alteration, movement, replacement, repair, equipment, use and occupancy, location, maintenance, and removal and demolition of every building or structure or any appurtenances connected or attached to such

buildings or structures, the following building codes by reference subject to the modifications set forth in this division:

1.

California Building Code (CBC) Volumes 1 and 2, 2022 edition with errata (Title 24, Part 2, California Code of Regulations), based on the 2021 International Building Code as published by the International Code Council.

2.

California Residential Code (excluding Chapter 1, Division II), 2022 edition with errata (Title 24, Part 2.5, California Code of Regulations), including Appendices AO and AX, based on the 2021 International Residential Code as published by the International Code Council.

3.

California Electrical Code, 2022 edition with errata (Title 24, Part 3, California Code of Regulations), based on the 2020 National Electrical Code, as published by the National Fire Protection Association.

4.

California Mechanical Code, 2022 edition with errata (Title 24, Part 4, California Code of Regulations), based on the 2021 Uniform Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials.

5.

California Plumbing Code, 2022 edition with errata (Title 24, Part 5, California Code of Regulations), based on the 2021 Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials.

6.

California Energy Code, 2022 edition with errata (Title 24, Part 6, California Code of Regulations).

7.

California Existing Building Code (excluding Chapter 1, Division II), 2022 edition with errata (Title 24, Part 10, California Code of Regulations).

8.

California Green Building Standards Code, 2022 edition with errata (Title 24, Part 11, California Code of Regulations) as published by the International Code Council.

9.

Uniform Housing Code, 1997 edition, Chapters 5, 6, 7, 8, 9 and 10 as published by the International Conference of Building Officials.

The provisions of these codes as amended by the provisions of this Division of the Irvine Municipal Code shall constitute the Building Code Regulations of the City of Irvine.

(Ord. No. 19-14, § 2, 11-12-19; Ord. No. 22-15, § 2, 12-13-22; Ord. No. 23-16, § 2, 7-25-23)

Sec. 5-9-102. - Adoption of Fire Code.

There is hereby adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the following fire code by reference subject to the modifications set forth in this Division:

California Fire Code (CFC), 2022 edition with errata (Title 24, Part 9, California Code of Regulations), including Appendices B, BB, C, CC, and H, based on the 2021 International Fire Code as published by the International Code Council.

The provisions of this code as amended by the provisions of this Division of the Irvine Municipal Code shall constitute the Fire Code Regulations of the City of Irvine.

(Ord. No. 19-14, § 2, 11-12-19; Ord. No. 22-15, § 2, 12-13-22)

CHAPTER 2. - ADMINISTRATIVE CODE FOR BUILDING CODE REGULATIONS[[10]]

Footnotes:

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Editor's note— Ord. No. 19-14, § 3, adopted November 12, 2019, repealed the former Ch. 2, §§ 5-9-201, 5-9-213, and enacted a new Ch. 2 as set out herein. The former Ch. 2 pertained to similar subject matter and derived from Ord. No. 16-07, § 3, 9-27-16; Ord. No. 19-12, Exh. A, 8-13-19.

Sec. 5-9-201. - Adoption of administrative provisions.

A.

Building Code administrative provisions. There is hereby adopted by the City Council for the purpose of prescribing administrative regulations for the Building Code Regulations of the City of Irvine, the following administrative code provisions by reference subject to the modifications set forth in this Division:

Chapter 1, Division II of the California Building Code, (Title 24, Part 2, California Code of Regulations).

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-202. - Scope and general.

A.

Scope. Section 101.2 Scope, of Chapter 1, Division II of the California Building Code is hereby deleted and replaced to read:

The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure, or any appurtenances connected or attached to such buildings or structures, located within the territory of the City of Irvine, except for the following: encroachments and public works located primarily in a public way; public utility towers and poles; mechanical equipment not specifically regulated in these codes; hydraulic flood control structures; facilities for the production, generation, storage or transmission of water or electrical energy by a local agency; and the buildings or structures of administration and instruction of public schools when acting under the State Contract Act and except as exempted by these codes. Furthermore, the repair, alteration, change of occupancy, addition to and relocation of existing buildings shall comply with Chapter 1, Division II of the California Building Code and applicable provisions of the California Existing Building Code.

dings or structures of administration and instruction of public schools when acting under the State Contract Act and except as exempted by these codes. Furthermore, the repair, alteration, change of occupancy, addition to and relocation of existing buildings shall comply with Chapter 1, Division II of the California Building Code and applicable provisions of the California Existing Building Code.

Exceptions: Detached one- and two-family dwellings and townhouses not more than three stories above the grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the California Residential Code. Notwithstanding the foregoing, the administrative provisions contained in Chapter 1, Division II of the California Building Code shall apply to the above referenced dwellings.

B.

Referenced codes. Section 101.4 of Chapter 1, Division II of the California Building Code is hereby amended to add 101.4.8 to read:

101.4.8 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-203. - Division of Building and Safety.

A.

Division of Building and Safety. The title of Section 103 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced with the following:

Section 103 Division of Building and Safety

B.

Creation of Division of Building and Safety. Section 103.1 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced with the following:

103.1 Creation of the Division of Building and Safety. The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the Chief Building Official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

C.

Chief Building Official. Section 103.2 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced with the following:

103.2 Chief Building Official. The Chief Building Official shall be appointed by the Director of Community Development of the City of Irvine or their designee. Where referred to by this code, "building official" shall mean the Chief Building Official of the City of Irvine or their designee. Any and all classification or title changes are made with respect to approvals thereto by the City Council.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-204. - Duties and powers of Building Official.

A.

Right of Entry. Section 104.6 of Chapter 1, Division II of the California Building Code is hereby amended to add a second paragraph to read:

Where the building official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care of control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination.

B.

Emergency Abatement Authority. Section 104 of Chapter 1, Division II of the California Building Code is hereby amended to add Section 104.12 to read:

Section 104.12 Emergency Abatement Authority

1.

Authority. Whenever the Chief Building Official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the building official may exercise any or all of the following powers:

a.

Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed.

b.

Post the premises as unsafe, substandard or dangerous.

c.

Board, fence or secure the building or site.

d.

Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public.

e.

Make emergency repairs as necessary to eliminate any imminent life safety hazard.

f.

Cause any dangerous water, electrical, gas or plumbing connections to be disconnected.

g.

Take any other action as appropriate under the circumstances.

2.

Procedures. The building official shall comply with the following emergency abatement procedures:

a.

In determining the existence of an imminent life safety hazard, the building official shall conduct a personal inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard.

b.

The building official shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous condition exists. If the building official determines that, under the circumstances, notice cannot be given or is impractical, correction or abatement of the hazard can be commenced without prior notice.

c.

The level of correction or abatement as necessary to eliminate the immediacy of the hazard shall be determined by the building official.

d.

The building official may also pursue any administrative or judicial remedy to abate any remaining public nuisance.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-205. - Permits.

A.

Required. Section 105.1 of Chapter 1, Division II of the California Building Code is hereby amended to add Section 105.1.3 to read:

Section 105.1.3 Permit exemption. Permits are required for installations described in all codes adopted by reference unless specifically exempted by these codes or by the Chief Building Official, in writing, for

proper cause on an individual case basis after consideration of all circumstances and facts presented. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

B.

Work exempt from permit. Section 105.2 of Chapter 1, Division II of the California Building Code, is hereby modified as follows:

1.

Delete and replace Section 105.2 Building Item 1 to read:

1.

One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the structure conforms to the Zoning Code and the floor area does not exceed 120 square feet (11 square meters), except patio covers and structures located in any Very High Fire Severity Zone, or within 100 feet of a fuel modification or open space area containing native or hazardous vegetation, and which is designated on the currently adopted Wildland Fire Hazard Map for the City of Irvine.

2.

Delete Section 105.2 Building Item 5 Water tanks.

3.

Delete and replace Section 105.2 Building Item 11 to read:

11.

Swings and other playground equipment when City review and approval is not otherwise required by state or local laws, regulations or standards.

4.

Add Section 105.2 Building Item 14 to read:

14.

Replacement windows and doors having the same dimension as those being replaced and not requiring any change to the structural frame or opening size. Such replacements must still conform to all technical codes and applicable city, county and state ordinances relating to weather proofing, security and energy efficiency.

5.

Amend Section 105.2 Plumbing Item 2 to read:

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation or replacement of water closets, sinks, garbage disposals or dishwashers, provided such work does not involve or require the replacement or rearrangement of valves, pipes or fixtures and is in conformance with this code and applicable state laws.

C.

Time limitation of application. Section 105.3.2 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced to read:

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 12 months after the date of filing, unless a permit has been issued; except that the building official is authorized to grant, in writing, one extension of time for an additional period not exceeding six months. The extension shall be requested in writing and justifiable cause demonstrated. When required by state law or City ordinance, extended permit applications shall be amended to comply with pertinent state laws and City ordinances adopted subsequent to the date of application. Plans and other data submitted for review and relating to an expired application may be returned to the applicant or destroyed by the building official.

sted in writing and justifiable cause demonstrated. When required by state law or City ordinance, extended permit applications shall be amended to comply with pertinent state laws and City ordinances adopted subsequent to the date of application. Plans and other data submitted for review and relating to an expired application may be returned to the applicant or destroyed by the building official.

Permit applications for work intended to remedy one or more code violations identified in a written code enforcement notice or administrative citation shall expire one month from the date of filing. The building official is authorized to grant, in writing, one or more extensions of time for additional periods not exceeding one month. Such extensions shall be requested in writing and justifiable cause demonstrated.

D.

Expiration. Section 105.5 of Chapter 1, Division II of the California Building Code is deleted and replaced to read:

105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, two extensions of time for a period not more than six months each. Such extensions may require the payment of permit fees based on the remainder of work to be completed. The extension shall be requested in writing and justifiable cause demonstrated.

Permits for any work intended to remedy one or more code violations identified in a written code enforcement notice or administrative citation shall become invalid unless the work on the site authorized by such permit is commenced within one month after its issuance and inspected by the City, or if the work authorized on the site by such permit is suspended or abandoned for a period of one month after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time for additional periods not exceeding one month. Such extensions shall be requested in writing and justifiable cause demonstrated.

105.5.1 Group R-3 Residential Remodel Permits. Permits issued for work which constitutes the construction, enlargement, alteration, erection, repair, demolition, or improvement of an existing Group R-3 residential building, or other improvement located on residential property containing a Group R-3 residential

building, shall become invalid unless the work on the site authorized by such permit is completed and approved by the City within 18 months after its issuance. The building official is authorized to grant, in writing, one extension of time for an additional period not to exceed 6 months days. The extension shall be requested in writing and demonstrate that: (1) due to circumstances beyond the owner's or permittee's control, construction could not be completed within the time frame allowed by this section; (2) that all means reasonably available to the permittee to complete the work within the prescribed time have been exhausted; (3) that the condition of the property presents no health or safety hazard; and (4) that the continued delay will not create any unreasonable visual or physical detriment to the neighborhood. The decision of the Chief Building Official may be appealed to the City Council by any person who owns property or resides within 300 feet of the boundaries of the subject property.

Any extension beyond 6 months must be approved by the Planning Commission. The Planning Commission's decision regarding approval or denial of the application for additional extension shall be based upon the applicant's ability to demonstrate the same factors required for the initial extension of the building construction period. Such extension may require the payment of permit fees based on the remainder of work to be completed. The extension shall be requested in writing and justifiable cause demonstrated.

During work on a property containing a Group R-3 residential building authorized by an active permit, the site shall be maintained in a reasonably clean and well-kept manner. All lumber and building materials shall be neatly piled or stacked in a safe manner and stored in the rear yard of the residential property or inside of the building construction perimeter except that building materials may be stored in a front yard for a period not to exceed 30 days. Properties shall be secured by fencing when the building official determines fencing is necessary for public safety and/or welfare.

Exterior walls and roofs of buildings shall be covered with finished materials, in accordance with Cityapproved plans and the Building Code within six months from the commencement of construction. A written waiver of this requirement may be obtained from the building official if the construction is screened from view from adjacent occupied or public property with fencing materials approved by City zoning and building regulations.

E.

Placement of permit. Section 105.7 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced to read:

105.7 Placement of permit and inspection record card. The building permit or copy and the inspection record card shall be kept on site and maintained available by the permit holder until final approval has been granted by the building official.

F.

Change of contractor or of ownership. Section 105.9 of Chapter 1, Division II of the California Building Code is hereby amended to add Section 105.9 to read:

105.9 Change of contractor or of ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor for the building, structure or grading for which said permit was issued

if the work thereon has not been completed and received a final inspection approval and a new permit shall be required for the completion of the work. If no changes have been made to the plans or specifications last submitted to the Chief Building Official, a permit issuance fee as set forth in the City's fee resolution shall be charged to the permit applicant. If changes to the plans or specifications have been made, the Chief Building Official shall determine appropriate permit fees in accordance with the City's fee resolution.

G.

Subcontractors. Section 105 of Chapter 1, Division II of the California Building Code is hereby amended to add Section 105.10 to read:

105.10 Subcontractors. For projects over $8 million in value at the time of permit issuance, prior to the commencement of work, the applicant shall complete a form provided by the City Division of Building and Safety which: (i) lists all subcontractors, (ii) shows verification of workers' compensation insurance, state contractor license and license category, City business license and federal tax identification number for each subcontractor, and (iii) shows verification whether each subcontractor, or its principals, has any final adverse determinations for state or federal labor violations within the prior seven years, or paid any penalties to a state or federal governing agency for the enforcement of settlement actions over $500,000 within the prior seven years. No person shall contract or sub-contract construction work without a valid contractor's license pursuant to applicable provisions of the State of California Business and Professions Code. If the applicant adds or replaces a subcontractor to the permitted project that is not listed on the form provided for above, then before the new subcontractor commences work, except as noted below, the applicant shall complete a form provided by the City Division of Building and Safety that provides the information required above for only the newly added subcontractors.

ess and Professions Code. If the applicant adds or replaces a subcontractor to the permitted project that is not listed on the form provided for above, then before the new subcontractor commences work, except as noted below, the applicant shall complete a form provided by the City Division of Building and Safety that provides the information required above for only the newly added subcontractors.

In the event that the applicant cannot provide a complete list of valid subcontractors at the time of permit issuance or later at the time of adding or replacing a subcontractor, the applicant shall provide such information in each circumstance to the City within two business days after award of each permit, and/or after adding or replacing a subcontractor. Failure to provide a complete list of subcontractors prior to commencing work on the project, or failure to provide subcontractor information after adding or replacing a subcontractor within two business days when either the City determines that the delay was not reasonable or was intentional, or if the City has made an additional request for this information which was not complied with within two business days, shall result in the City having the right to stop work on the project, and/or assess the applicant a penalty for default in an amount determined by the City as necessary for each subcontractor violation to defray City costs of enforcement of this section. In such instances, failure to remit penalty payment shall constitute a violation of this code, punishable under the provisions of the City Charter and Municipal Code.

H.

Approvals. Section 105 of Chapter 1, Division II of the California Building Code is hereby amended to add Section 105.11 to read:

105.11 Approvals. To be valid, any approval, waiver, determination or similar action referenced in this code benefiting the party so requesting such action must be in writing and prepared by a building official with authority to provide the same.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-206. - Construction documents.

A.

Small residential rooftop solar energy systems. Section 107.1 of Chapter 1, Division II of the California Building Code is hereby amended to add Section 107.1.1 to read:

107.1.1 Small residential rooftop solar energy systems. Applications for small residential rooftop solar energy systems may be processed utilizing the City of Irvine Small Residential Rooftop Solar Energy System Expedited/Streamlined Process.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-207. - Reserved. Sec. 5-9-208. - Fees.

A.

Schedule of plan review, permit and investigation fees. Section 109.2 of Chapter 1, Division II of the California Building Code is hereby deleted and amended to read: Section 109.2 Schedule of plan check and permit fees. A fee for each building, electrical, plumbing or mechanical permit shall be paid as established by City Council resolution in effect at the time of issuance of the permit.

Section 109.2.1 Permit fees. The fee for each permit shall be as set forth in the fee schedule established by City Council resolution in effect at the time of issuance of the permit.

Section 109.2.2 Plan review fees. When submittal documents are required by California Building Code Chapter 1, Division II, Section 107.3.4.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fees shall be as set forth in the fee schedule established by City Council resolution in effect at the time of plan review submittal.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2.1 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged as set forth in the fee schedule established by the City Council resolution in effect at the time of the additional or defined plan review submittal.

Section 109.2.3 Investigation fees. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, the Chief Building Official may require an investigation to be made before a permit may be issued for such work.

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued to recover City costs of investigation. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of this Code, the technical codes or from the penalty prescribed by law.

Section 109.2.4 Reinspection fees. A reinspection fee may be assessed by the Building Official for each inspection when such portion of work for which inspection is called is not complete, for each reinspection when corrections called for on the previous inspection are not made, or when any reinspection is required due to negligence of the permit holder, their agent, or other responsible persons. Where reinspection fees are assessed, additional inspection of the work will not be performed until the required fees have been paid.

B.

Building permit valuations. Section 109.3 of Chapter 1, Division II of the California Building Code is hereby deleted and amended to read:

Section 109.3 Building permit valuations. The determination of value or valuation under any of the provisions of these Codes shall be made as set forth in the fee schedule established by City Council resolution in effect at the time of plan review submittal. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work, including materials and labor, for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and other permanent equipment.

C.

Refunds. Section 109.6 of Chapter 1, Division II of the California Building Code is hereby deleted and amended to read:

Section 109.6 Refunds. The Chief Building Official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.

The Chief Building Official may authorize refunding not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

The Chief Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.

The Chief Building Official shall not authorize the refunding of any fee paid except upon written application filed by the permittee not later than 360 days after the date of fee payment or as otherwise required by law.

D.

Strong Motion Instrumentation Program fee. Section 109.7 of Chapter 1, Division II of the California Building Code is hereby added to read:

1.

Scope and purpose. In accordance with Public Resources Code Division 2, Chapter 8 (Public Resources Code § 2700 et seq.), each applicant for a building permit pursuant to this division shall be charged a fee as described herein for purposes of administering the State of California Strong Motion Instrumentation Program. Said fees are in addition to any and all other fees required for applicants for the issuance of building permits.

Definitions:

Administration. The Manager of Fiscal Services or his or her authorized representative shall file all reports and pay all fees as required by the provisions of Chapter 8, Division 2 of the California Public Resources Code (Public Resources Code § 2700 et seq.), and shall comply with all rules and regulations of the State of California Department of Conservation, as administrative agency for the program.

Building. For the purpose of this section, a building is any structure built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.

Fee schedule. Every applicant for a building permit shall pay a Strong Motion Instrumentation Program fee in the amount stipulated by the State of California.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

Sec. 5-9-209. - Inspections.

A.

Required inspections. Section 110.3 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced to read:

110.3 Required inspections. The building official, upon notification to the City shall make the inspections set forth in Sections 110.3.1 through 110.3.12.

110.3.1 Pre-construction inspection. A pre-construction inspection shall be conducted prior to start of construction for all projects involving new buildings, all additions to non-residential structures, all remodels involving a new restaurant establishment and all non-residential tenant improvements exceeding 5,000 square feet unless waived in writing by the building official.

110.3.2 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94 in which case the concrete need not be on the job.

110.3.3 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

110.3.4 Lowest floor elevation inspection. In flood hazard areas, upon placement of the lowest floor, including the basement and prior to further vertical construction, the elevation certification required in Section 1612.4 or the California Residential Code, as applicable, shall be submitted to the building official.

110.3.5 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place, and pipes, chimneys and vents to be concealed are complete and the

rough electrical, plumbing, heating wires, pipes and ducts are approved.

110.3.5.1 Moisture content verification inspection. Moisture content of framing members shall be verified in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.5.

110.3.6 Types IV-A, IV-B and IV-C connection protection inspection. In buildings of Types IV-A, IV-B and IVC construction, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of Section 2304.10.1, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed.

110.3.7 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly.

110.3.8 Weather-exposed balcony and walking surface waterproofing inspection. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.

Exception: Where special inspections are provided in accordance with Section 1705.1.1. Item 3.

110.3.9 Fire- and smoke-resistant penetrations inspection. Protection of joints and penetrations in fireresistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

110.3.10 Energy efficiency inspection. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.

110.3.11 Other inspections. In addition to the inspections specified in Sections 110.3.1 through 110.3.10, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.

110.3.12 Special inspections. For special inspections, see Chapter 17.

110.3.13 Final inspection. The final inspection shall be made after all work required by the building permit is completed.

110.3.13.1 Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.4 shall be submitted to the building official prior to the final inspection.

110.3.13.2 Operation and maintenance manual. At the time of final inspection, a manual, compact disc, web-based reference or other media acceptable to the enforcing agency shall be placed in the building in

accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.4.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-210. - Certificate of occupancy.

A.

Change of Occupancy. Section 111.1 of Chapter 1, Division II of the California Building Code is hereby amended to delete and replace the exception to read:

Exception: Certificates of occupancy are not required for R-2 occupancy apartments and condominiums, R3 occupancy one- and two-family dwellings, and work exempt from permits in accordance with Section 105.2.

B.

Revocation. Section 111.4 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced to read:

111.4 Revocation. The building official is authorized to suspend or revoke a certificate of occupancy or completion issued under the provisions of this code, in writing, wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the provisions of this code or other ordinance of the jurisdiction, including, but not limited to, any zoning ordinance. The building official is authorized to order, in writing, any building, structure, or portion thereof to be vacated where a certificate of occupancy has been suspended or revoked. Such vacated building or structure shall not be reoccupied until either the existing certificate of occupancy has been reinstated by the building official in writing or a new certificate of occupancy has been issued.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-211. - Reserved. Sec. 5-9-212. - Board of appeals.

A.

General. Section 113.1 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced to read:

113.1 General. An Appeals Board Committee, consisting of one member appointed by each City Council member, shall be established, either prior to or immediately following receipt of a completed application for an appeal hearing, to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official relative to the application and interpretation of this code. For matters concerning disabled accessibility, the City Council shall appoint an additional two physically disabled voting members.

The Chief Building Official shall be an ex-officio member of the Appeals Board Committee and shall act as secretary to said board, but shall have no vote upon any matter before the Appeals Board Committee.

The Appeals Board Committee shall render decisions by majority vote in response to City staff reports. Minutes of all proceedings shall be maintained by City staff.

The hearing is intended to be informal in nature. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the Appeals Board Committee's discretion. Each party shall have the opportunity to offer testimony and evidence and cross-examine witnesses in support of his or her case.

The Chief Building Official shall maintain a full set of records for each case in accordance with the City of Irvine records retention schedule.

113.1.1 Application and request for hearing. Within 15 calendar days from the date the order, decision or determination of the Chief Building Official, the applicant must make a written request for a hearing. If no appeal notice is filed within the 15 calendar-day period, the decision shall be deemed confirmed and final.

Applicants for a hearing before the Appeals Board Committee shall pay a fee in the amount set by City Council resolution prior to administrative processing for any proceedings. The applicant shall complete the established City application form for an appeals hearing along with submittal of required fees.

113.1.2 Notification of hearing. At least 15 calendar days prior to the date of the hearing, the City shall, by first class mail or posting of the subject property, give notice to the applicant of the time, date and location of the hearing.

113.1.3 Notification of decision. Within 10 calendar days of the hearing's conclusion, the Chief Building Official shall provide the applicant with the Appeals Board Committee decision in writing. The written decision shall contain the Appeals Board Committee findings of fact and conclusions.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-213. - Violations.

A.

Unlawful acts. Section 114.1 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced to read:

Section 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy, possess, control or have an interest in any building, structure or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of any of the provisions of the codes and ordinances adopted by the City of Irvine.

B.

Violations and penalties. Section 114.4 of Chapter 1, Division II of the California Building Code is hereby deleted and replaced to read:

114.4 Violations and penalties. Any person, firm or corporation violating any of the provisions of the codes adopted by the City of Irvine or failing to comply with any of the requirements thereof or who interferes, obstructs, or prevents the City from obtaining or maintaining such compliance, or who erects, constructs,

alters or repairs a building or structure in violation of the approved construction documents or directive of the Chief Building Official, or of a permit or certificate issued according to the provisions of this code, shall be deemed guilty of a misdemeanor; each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted; and upon conviction of any such violation such person shall be punished by a fine or by imprisonment as prescribed in Section 4-13-201 of the Municipal Code, or by both such fine and imprisonment.

C.

Attorneys' fees and costs. Section 114 of Chapter 1, Division II of the California Building Code is hereby amended to add Section 114.5 to read:

114.5 Attorneys' fees and costs. Any person violating the provisions of this chapter shall reimburse the City for any and all costs, expenses and fees incurred by the City in responding to, investigating, assessing, monitoring, treating, cleaning, removing or remediating any action taken or condition caused in violation of this chapter. Such costs, expenses and fees to be paid to the City shall include all administrative expenses and all legal expenses, including costs and attorneys' fees in obtaining compliance and in litigation, including all costs and attorneys' fees on any appeal. The costs to be recovered pursuant to this section shall be recoverable from any and all persons violating this code. When required by law, this provision shall act as a prevailing party provision entitling the prevailing party to an award of attorneys' fees.

(Ord. No. 19-14, § 3, 11-12-19; Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-214. - Emergency measures.

A.

Imminent danger. Section 117 of Chapter 1, Division II of the California Building Code is hereby created to read:

SECTION 117 IMMINENT DANGER

117.1 Imminent danger. Where, in the opinion of the building official, there is imminent danger of failure or collapse of a building that endangers life, or where any building or part of a building has fallen and life is endangered by the occupation of the building, or where there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the building official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The building official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy Has Been Prohibited by the Building Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.

117.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the building official, there is imminent danger due to an unsafe condition, the building official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily

safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the building official deems necessary to meet such emergency.

117.3 Closing streets. Where necessary for public safety, the building official shall temporarily close structures and close or order the authority having jurisdiction to close sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

117.4 Emergency repairs. For the purposes of this section, the building official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

117.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the City of Irvine. The City Attorney shall institute appropriate action against the owner of the premises or the owner's authorized agent where the unsafe structure is or was located for the recovery of such costs.

117.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, on petition directed to the appeals board, be afforded a hearing as described in this code.

(Ord. No. 22-15, § 3, 12-13-22)

Sec. 5-9-215. - Demolition.

A.

Demolition. Section 118 of Chapter 1, Division II of the California Building Code is hereby created to read:

SECTION 118 DEMOLITION

118.1 General. The building official shall order the owner or owner's authorized agent of any premises on which is located any structure that in the building official's judgment is so old or dilapidated, or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation of occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove to the owner's or the owner's authorized agent's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.

118.2 Notices and orders. Notices and orders shall comply with Section 114.

118.3 Failure to comply. If the owner or the owner's authorized agent of a premises fails to comply with a demolition order within the time prescribed, the building official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate on which the structure is located and shall be a lien on such real estate.

118.4 Salvage materials. Where any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such

sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

(Ord. No. 22-15, § 3, 12-13-22)