Modoc County Municipal Code Ch. 15.01 Construction Codes, Administration

Footnotes:

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Editor's note— Ord. No. 221-J, § I, adopted July 23, 2024, amended Ch. 15.01 in its entirety to read as herein set out. Former Ch. 15.01, §§ 15.01.010—15.01.100, pertained to similar subject matter. Historical notation has been retained with amended sections for future reference.

A. Name. This title shall be known as the "Modoc County Building Code" and may be cited as such, but will be referred to in all proceedings as "the code."

B. Purpose. The purpose of the code is to enact regulations relating to buildings and structures imposing restrictions at least equal to those imposed by the state building standards and state housing laws and to provide for their enforcement by the building official. In the event of any conflict between the code and any law, rule or regulation of the state of California, that requirement which establishes the higher standard of safety shall govern; except when pertaining to owner-built rural dwellings where designated and zoned for the application of said article as provided for in title 25, division 1, chapter 1, subchapter 1, otherwise known as the state housing law regulations. The provisions of the code are to provide minimum requirements and standards for the protection for the public safety, health, property and welfare in the county of Modoc.

C. Territorial Applicability. The provisions of the code shall apply to all the unincorporated territory of the county.

D. Enforcement. The code shall be enforced by Modoc County Building and Safety, a division of public works. The director of public works is the building official for Modoc County. Where reference is made to the building official it shall mean, the "building official or his/her designated deputy." Where any reference in the codes is made to the building department it shall mean Modoc County Building and Safety.

E. Violations; Penalties. Any person, firm or corporation violating any provision of the code may be guilty of a misdemeanor. Violations of this title, whether an infraction of the code or a public nuisance, are subject to an administrative, civil, or criminal remedy as deemed appropriate and necessary to gain compliance.

F. Policies. Policies may be adopted by the building official as deemed reasonably necessary for the administration and implementation of the code. No policy adopted by this part shall be construed to violate the provisions of the code.

G. References to Prior Code. Unless superseded and expressly repealed, references in county forms, documents, and regulations to the chapters and sections of the former Modoc County Building and Safety Code shall be construed to apply to the corresponding provisions contained within the Modoc County Building and Safety Code, 2025. Ordinance No. 221-J of the County of Modoc and all other ordinances or parts of ordinances in conflict herewith are expressly repealed.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-I, 3-10-2020; Ord. No. 221-H, § I, 3-14-2017; Ord. No. 221-M, § I, 10-28-2025)

The following publications and all subsequent editions thereof are hereby adopted by reference and incorporated in the code, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations (CCR), except as expressly amended or superseded herein.

A. Title 24, CCR, Part 2, California Building Code (CBC), 2025 Edition, based on the 2021 International Building Code, as published by the International Code Council (ICC), including, among the appendices, Appendix Chapter 1 (Administrative) unless otherwise amended herein or by policy, Appendix Chapter C (Group U-Agricultural Buildings) for those agricultural buildings not regulated, in Chapter 3. Appendix Chapter J Grading.

B. Title 24, CCR, Part 2.5, California Residential Code (CRC), 2025 Edition, based on the 2021 International Residential Code, as published by the International Code Council (ICC), including, among the appendices, Appendix Chapter 1 and AQ (Administrative).

C. Title 24, CCR, Part 3, California Electrical Code (CEC), 2025 Edition, based on the 2023 National Electrical Code, as published by the National Fire Protection Association (NFPA).

D. Title 24, CCR, Part 4, California Mechanical Code (CMC), 2025 Edition, including the appendices, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO).

E. Title 24, CCR, Part 5, California Plumbing Code (CPC), 2025 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), including among the appendices, Appendix Chapter A (Sizing water supply systems), Appendix Chapter D (Sizing stormwater drainage systems), Appendix Chapter I (Installation standards table of contents). Whenever the plumbing code makes reference to the administrative authority relating to sewers, sewage disposal systems, adequate water supply, and approved sources of potable water, the county health officer shall be the person referenced.

F. Title 24, CCR, Part 6, 2025 California Energy Code.

G. Title 24, CCR, Part 7, 2025 California Wildland-Urban Interface Code.

H. Title 24, CCR, Part 8, 2025 California Historical Building Code, including Appendix Chapter A.

I. Title 24, CCR, Part 9, California Fire Code (CFC), 2025 Edition, based on the 2021 International Fire Code as published by the International Code Council (ICC). Where the county is required by the code to delegate the enforcement of the building standards relating to fire and panic safety and other regulations of the state fire marshal as they relate to Group R, Division 3 Dwellings to the building official or fire chief, enforcement responsibility shall be the building official.

J. Title 24, CCR, Part 10, California Existing Building Code (CBC), 2025 based on the 2021 International Existing Building Code as published by the International Code Council (ICC).

K. Title 24, CCR, Part 11, California Green Building Standards Code (CGBC), 2025 Edition.

L. Title 24, CCR, Part 12, 2025 California Referenced Standards Code.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-I, 3-10-2020; Ord. No. 221-H, § I, 3-14-2017; Ord. No. 221-M, § I, 10-28-2025)

Each applicant for a building permit shall pay a fee to the county for issuing a permit. The total valuation used to compute fees shall be determined by building and safety, either by the application of the building valuation data as published by the International Code Council, or by the actual costs of construction. Evidence showing the actual cost shall be in the form of contract or by other reliable evidence which would give a true account of such cost.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-H, § I, 3-14-2017)

A. Fee Schedule. The amount of the fees prescribed pursuant to this title shall not exceed the amount reasonably required to administer the permit process, and for the handling of certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by the building and safety and shall not be levied for general revenue purposes. For the purposes of this title the fees established for this part shall be the fee schedule as adopted by resolution.

B. Fee Exception. A permit will be issued without a fee for governmental agencies and quasi-governmental agencies, including but not limited to, fire companies when such permit authorizes work to be done on properties of such agencies for their own use and the governmental or quasi-governmental entities obtain the permit themselves. Notwithstanding the above waiver of fees, the Essential Services Building Act of 1986 and the California Code of Regulations (CCR) require that certain tests and inspections be made on specified buildings by a registered or licensed third party. The cost of expenses associated with such tests and inspections will be paid for by the affected public or quasi-governmental entity.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-H, § I, 3-14-2017)

California Building Code Section 104.5, Subsection 104.5.3 Fee Refunds shall be amended to read as follows:

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.

3. The Building Official may authorize the 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 plan reviewing is done.

4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-H, § I, 3-14-2017)

The provisions of the code shall not be construed as imposing upon the county any liability or responsibility for damages to persons or property resulting from defective building, plumbing, electrical or mechanical work; nor shall the county or any official or employee thereof be held to assume any special liability or responsibility by reason of the review or inspections authorized by the provisions of the code or any permits or certificates issued under the code.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-H, § I, 3-14-2017)

The California Building Code, 2025 Edition, as adopted in section 15.01.020 of this chapter, is adopted with the following changes and modifications:

California Building Code Section 105.1.1 is deleted. California Building Code Section 105.1.2 is deleted.

California Building Code Section 105.2 item 10 is amended to read as follows: California Building Code Section 105.5 shall be amended to read as follows:

Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 365 calendar days from the submittal of the revisions.

For permits which have not expired, the Building Official is authorized to grant one or more extensions. In order to extend an unexpired permit, the permit holder shall pay a permit extension fee established by the Board of Supervisors. The permit extension of time shall be for a period of not more than 365 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.

Permits may be renewed (reinstated) if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall submit a written request and pay a re-instatement fee established by the Board of Supervisors.

California Building Code Appendix J Section J101.1 shall be amended to read as follows:

The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments that are related to construction of residential and non-residential structures. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-M, § I, 10-28-2025)

The California Residential Code, 2025 Edition, as adopted in section 15.01.020 of this chapter, is adopted with the following changes and modifications:

Section R105.5 shall be amended to read as follows:

Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 365 calendar days from the submittal of the revisions.

For permits which have not expired, the Building Official is authorized to grant one or more extensions. In order to extend an unexpired permit, the permit holder shall pay a permit extension fee established by the Board of Supervisors. The permit extension of time shall be for a period of not more than 365 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.

Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall submit a written request and pay a re-instatement fee established by the Board of Supervisors.

Section R108.5 shall be amended to read as follows: Refunds.

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.

3. The Building Official may authorize the 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 plan reviewing is done.

4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-M, § I, 10-28-2025)

The California Electrical Code, 2025 Edition, as adopted in section 15.01.020 of this chapter, is adopted with the following changes and modifications.

Annex H, Section 80.15 Electrical Board is deleted. Annex H, Section 19 D is deleted.

Annex H, Section 80.19 (E) shall be amended to read as follows:

(E) Fees and Fee Refunds.

(1) Any political subdivision that has been provided for electrical inspection in accordance with the provisions of Article 80 may establish fees that shall be paid by the applicant for a permit before the permit is issued.

(2) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

(3) The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.

(4) The Building Official may authorize the 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 plan reviewing is done.

(5) The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.

Annex H, Section 80.19(H) shall be amended to include the following as a new paragraph (4):

(4) Time limitation of application. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 365 days each. Each extension requires payment of a fee established by the Board of Supervisors.

Annex H, Section 80.19(H)(7) shall be amended to include the following new paragraph (5):

(5) Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 365 calendar days from the submittal of the revisions.

For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 365 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.

Permits may be renewed (reinstated) if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a re-instatement fee established by the Board of Supervisors.

Annex H, Section 80.23, Notices of Violations, Penalties is deleted. Annex H, Section 80.27 Inspector Qualifications is deleted.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-M, § I, 10-28-2025)

The California Mechanical Code, 2025 Edition, as adopted in section 15.01.020 of this chapter, is adopted with the following changes and modifications.

Section 104.3.3 shall be amended to read as follows:

Section 104.3.3 Time Limitation of Application.

A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in any time, for periods of not more than 365 calendar days each. Each extension required payment of a fee as established by the Board of Supervisors.

Section 104.4.3 shall be amended to read as follows:

Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 365 calendar days from the submittal of the revisions.

For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 365 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.

Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a re-instatement fee established by the Board of Supervisors.

Expiration of Plan Review. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 365 days each. Each extension requires payment of a fee established by the Board of Supervisors.

Section 104.5, Subsection 104.5.3 Fee Refunds shall be amended to read as follows: Fee Refunds.

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.

3. The Building Official may authorize the 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 plan reviewing is done.

4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-M, § I, 10-28-2025)

The California Plumbing Code, 2025 Edition, as adopted in section 15.01.020 of this chapter, is adopted with the following changes and modifications.

Section 104.3.3 shall be amended to read as follows:

Section 104.3.3 Time Limitation of Application.

A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in any time, for periods of not more than 365 calendar days each. Each extension required payment of a fee as established by the Board of Supervisors.

Section 104.4.3 shall be amended to read as follows:

Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 365 calendar days from the submittal of the revisions.

For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 365 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.

Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a re-instatement fee established by the Board of Supervisors.

Expiration of Plan Review. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 365 days each. Each extension requires payment of a fee established by the Board of Supervisors.

Section 104.5, Subsection 104.5.3 Fee Refunds shall be amended to read as follows: Fee Refunds.

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.

3. The Building Official may authorize the 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 plan reviewing is done.

4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-M, § I, 10-28-2025)

Because of local climatic, geological, or topographical conditions, design loads for structures vary from the minimum specified in the Modoc County adopted codes. As such design loads and criteria for all structures shall be determined according to their site-specific location. As required by CBC § 1603, all California Building Code compliant construction documents submitted shall be provided a plans analysis which clearly specifies all structural design information used in the preparation of the plans.

Maximum design loads are:

(Ord. No. 221-J, § I, 7-23-2024; Ord. No. 221-I, 3-10-2020; Ord. No. 221-H, § I, 3-14-2017; Ord. No. 221-L, § I, 3-11-2025)