McFarland Municipal Code Art. II General Provisions

The purpose of this chapter is to promote the public safety and welfare by the adoption of minimum building standards to be required and enforced throughout the city.

(Ord. 236 Art. 2, §1, 1990: Ord. 204 Art. 2, §1, 1987)

This chapter may be cited as the "Code of Building Regulations." The code is comprised of several secondary codes of regulations and standards adopted by the county, agencies of the state and by nationally recognized organizations which have existed for more than three years. Nothing in the code of building regulations shall be interpreted as abrogating any more restrictive requirements of other agencies, including, but not limited to, Title 19 of the California Administrative Code, known as the Regulations of the State Fire Marshal.

(Ord. 236 Art. 2, §2, 1990: Ord. 204 Art. 2, §2, 1987)

The code of building regulations applies to new building construction and to the installation of new mechanical, plumbing and electrical systems; it applies to existing construction and to existing mechanical, plumbing and electrical systems to the extent specifically defined by the secondary codes adopted by reference into this chapter.

(Ord. 236 Art. 2, §3, 1990: Ord. 204 Art. 2, §3, 1987)

The code of building regulations shall be liberally construed to effect its purpose. If the code regulates one application with dissimilar limitations or requirements, the more restrictive regulation shall apply.

(Ord. 236 Art. 2, §4, 1990: Ord. 204 Art. 2, §4, 1987)

A. As used in the code of building regulations:

1. "Building official," "administrative authority," "plumbing official" and "chief electrical inspector" mean the building inspector of the city.

2. "Board of appeals" means the city council of the city.

3. "Building department" and "department" mean the building inspection department of the city.

4. "Fire chief" means the chief of the city fire department.

5. "Director" means the city manager (or his designee) of the city.

6. "County" or "county of Kern" means the city.

7. "County clerk" means the city clerk.

8. "Board of supervisors" means the city council.

9. "Ordinance code" means the code of ordinances of the city.

B. Any other sentence, term or word that means, implies, or by its context indicates the county of Kern, shall be interpreted to mean and shall be the city.

(Ord. 236 §5, 1990: Ord. 204 Art. 2, §5, 1987)

A. The building inspector shall administer and enforce the code of building regulations. He may delegate administrative and enforcement powers to qualified personnel.

B. The building inspector may authorize reasonable modifications in the application of the code of building regulations to special, individual cases if he first reasonably determines that strict application of the regulations is impractical or invokes undue hardship and that the modification protects the public safety and conforms to the spirit and purpose of the code.

(Ord. 236 Art. 2, §6, 1990: Ord. 204 Art. 2, §6, 1987)

The building inspector shall cause to be made and filed a permanent record of each transaction of the building inspection department covered by the code of building regulations. He shall account monthly to the council for the permits issued and the fees collected by the building inspection department.

(Ord. 236 Art. 2, §7, 1990: Ord. 204 Art. 2, §7, 1987)

A. Subject to approval by the city council, the building inspector may adopt and charge a reasonable schedule of fees for permits, permit renewal, plan checking, processing applications, maintenance of records and for the performance of special services by the building inspection department in administering and enforcing the code of building regulations. The schedule may provide for the partial refund of permit fees to applicants.

B. Penalty fees specified in the code of building regulations for starting or proceeding without necessary permits shall be assessable against contractors except for emergency work for which permits must be procured within a reasonable time, not to exceed two working days. In cases involving other than contractors, penalty fees may be waived by the department if action is taken to apply for and take out all necessary permits without having referral to the investigative section of the police department for action.

C. Where the permittee desires occupancy or utilities energized before the final inspection can be completed, and the building inspector determines that all fire protection systems are operational and no unreasonable hazard to life or property exists, the permittee may deposit with the building inspector, security in the amount of the building inspector's estimate of the cost of completion plus fifty percent, for the purpose of insuring the completion of the work and the department overhead costs involved in the processing. The term "security," as used in this section, shall mean one of the following:

1. A bond by one or more duly authorized corporate sureties; or

2. A cash deposit made with the city; or

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purpose set forth in the instrument; or

4. Negotiable U.S. Treasury Certificates of the kind approved by law for security deposits of public money.

The security sum is to be refunded to the permittee upon completion and may be released to the depositor in two payments during the progress of the work if the deposit exceeds one thousand dollars and the same ratio of security is maintained on deposit for all uncompleted work. Such special permit shall be granted for a specific time period mutually agreed upon, after which if the project remains uncompleted, the building inspector may declare the permit void, forfeit and utilize the security deposit to gain compliance under the provisions of this chapter.

(Ord. 236 Art. 2, §8, 1990: Ord. 204 Art. 2, §8, 1987)

Whenever the inspector determines by inspection that the work on any structure or project, authorized by permit and once commenced, has been suspended or abandoned for a period of one hundred twenty days, he shall give written notice to complete or demolish and remove the work, to the owner or other person in control of the property upon which the structure or project is situated. Thereafter the owner or other person in control of the property shall either obtain a new permit within one hundred twenty days from the notice date and diligently pursue the work to completion, or demolish and remove the structure or project within one hundred twenty days from the notice date.

(Ord. 236 Art. 2, §9, 1990: Ord. 204 Art. 2, §9, 1987)

A. Neither an approval nor a permit granted by the department of building inspection shall constitute permission or authority, or be interpreted as a waiver, for the violation of any statute, ordinance or regulation.

B. Neither the city nor its officers or employees shall assume liability for structural or construction defects through the administration or enforcement of the code of building regulations.

C. By accepting a permit for the performance of services by the building inspection department, an applicant consents to the limitations of this section.

(Ord. 236 Art. 2, §10, 1990: Ord. 204 Art. 2, §10, 1987)

A. Any person who violates, or causes, permits or allows the violation of any provision of the code of building regulations (including codes which have been adopted by reference) is guilty of a separate offense for each day or portion thereof he/she permits, causes or allows the violation to continue. The city building inspection department, in enforcing the code of building regulations, as set forth in the code of building regulations, may cause criminal complaints to be issued for the violation of any section of the code of building regulations, including any of the codes adopted by reference in this chapter. It is the intent of this section to make a violation of any section of this code of building regulations and any of the codes adopted by reference a misdemeanor.

B. Any structure, construction or installation that is undertaken or permitted to continue in violation of any portion of this code of building regulations is a public nuisance and may be abated by the building inspector. No person shall use or occupy a building declared to be a public nuisance.

C. Any act declared by the code of building regulations to be a misdemeanor shall be punishable, upon conviction thereof, by a fine not to exceed one thousand dollars or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment.

(Ord. 236 Art. 2, §11, 1990: Ord. 204 Art. 2, §11, 1987)