Mountain House Municipal Code Ch. 1 General Regulations

That certain document in book form entitled 2022 California Building Code including Chapter 1, Division II and Appendix Chapters C, I, and J published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, and incorporates by adoption the 2021 Edition of the International Building Code of the International Code Council, one (1) copy of which is available at the Community Development Department, 251 E Main St, Mountain House, California 95391 for examination and use by the public, is hereby adopted and enacted by the City Council as the Building Code of the City except those portions of the 2022 California Building Code which are not adopted or which are amended specifically hereinafter.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 101 of Chapter 1, Division II, of the 2022 California Building Code is hereby amended to read:

Section 101.1 Title. These regulations shall be known as the Building Code of the City, and hereinafter referred to as "this Code."

Section 101.4.4 Property Maintenance.

The provisions of the Uniform Housing Code, Chapters 4, 5, 6 and Sections 701.2 and 701.3 shall apply to existing residential structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life, and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 103 of Chapter 1, Division II, of the 2022 California Building Code is hereby amended to read:

Section 103.1 Creation of Enforcement Agency.

The Community Development Department, Building Inspection Division, is hereby created and the official in charge thereof shall be known as the Building Official. The function of the Enforcement Agency shall be the implementation, administration, and enforcement of the provisions of this Code.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 104 of Chapter 1, Division II, of the 2022 California Building Code is hereby amended to read:

Section 104.7 Department Records.

The Building Official shall keep official records of applications received, permits and certificates issued, and fees collected. Such records shall be retained in the official records for the period required for retention of public records.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 105 of Chapter 1, Division II, of the 2022 California Building Code is hereby amended to read:

Section 105.2 Work Exempt from Permit.

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 for this code or any other laws or ordinances of this jurisdiction.

Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar residential uses, and one-story detached agricultural buildings provided the gross floor area does not exceed 120 square feet (11.15 m 2 ), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm). Exemption from a building permit does not include electrical, plumbing, or mechanical installation and does not authorize any work to be done in violation of laws or ordinances including but not limited to planning, zoning, and setback requirements.

2. Fences not over 7 feet (1,829 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are not more than 18 inches (457 mm) deep, and are not greater than 5,000 gallons (18,825 L).

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height.

14. Decks not exceeding 200 square feet (18.58 m 2 ) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4 of the 2022 California Residential Code.

Section 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 such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension may be requested verbally or in writing and justifiable cause demonstrated.

Section 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 180 days after the work is commenced. The Building Official is authorized to grant, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested verbally or in writing and justifiable cause demonstrated.

Work shall be considered suspended or abandoned if an inspection has not been recorded and approved within 180 days of the last recorded and approved inspection. Before such work can be recommenced, a new permit shall be obtained. The fee shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made to the original plans and specifications and the suspension or abandonment has not exceeded one year. When plan review is not required by the Building Official the fee shall not include the plan review portion of the full permit fee.

To renew a permit suspended or abandoned for more than one year, the permittee shall pay a new full permit fee unless the project has had an approved rough frame, rough electrical, rough mechanical, and rough plumbing inspection. In this case the Building Official may, on a case-by-case basis, waive the requirement for plans and the renewal fees shall be twenty-five percent (25%) of the full permit fee. When plan review is not required by the Building Official the fee shall not include the plan review portion of the full permit fee.

A notice of code violation may be recorded when a building permit is expired.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 107 of Chapter 1, Division II, of the 2022 California Building Code is hereby amended to read:

Section 107.2.6.1 Design Flood Elevations.

Where design flood elevations are not specified, they shall be established in accordance with Title 9 of the Development Title of the City.

Section 107.3.1 Approval of Construction Documents.

When the Building Official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved." One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 108 of Chapter 1, Division II of the 2022 California Building Code is hereby deleted and not adopted in the Building Code of the City.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 109 of Chapter 1, Division II of the 2022 California Building Code is hereby amended to read:

Section 109.2 Schedule of Permit Fees.

Where a permit is required for buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations to the aforementioned, a fee for each permit shall be paid in accordance with the fee schedule established by the resolution adopted by the City Council.

Section 109.3 Permit Valuations.

The determination of value or valuation under any of the provisions of this code shall be made by the Building Official and shall be based on valuation data supplied periodically by the International Code Council or market value based on local assessment ratios or any other data as may be available to the Building Official for review. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work or permanent equipment.

EXCEPTION: The Building Official shall determine the valuation when no applicable data is available.

Section 109.4 Work Commencing Before Permit Issuance.

Any person who commences any work for which a permit is required before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be in addition and equal to the amount of the permit fee required by this Code. The fees shall not be less than the minimum fee set forth by the resolution adopted City Council of the City. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law.

Section 109.6 Refunds.

The Building Official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. The Building Official may also authorize refunding of not more than 80 percent of the permit fee, excluding any plan review fees paid when no work has been done under a permit issued in accordance with this code. No refunds will be processed for permits more than 365 days from the date of expiration of the issued permit.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 110 of Chapter 1, Division II of the 2022 California Building Code is hereby amended to read:

Section 110.3.12.1 Flood Hazard Documentation.

If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Title 9 of the Development Title of the City shall be submitted to the flood plain administrator prior to the final inspection.

Section 110.5 Inspection Requests.

It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this Code. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing, by telephone or, if such capability exists, by requesting online.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 111 of Chapter 1, Division II of the 2022 California Building Code is hereby amended to read:

Section 111.1 Change of Occupancy.

A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid.

Exceptions:

1. Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.

2. For one- and two- family dwellings and their accessory structures, a building permit with an approved final inspection shall be considered the certificate of occupancy.

Section 111.2 Certificate Issued.

Prior to requesting a final inspection, it shall be the duty of the holder of the building permit or their duly authorized agent to obtain approvals from all agencies identified on the certificate of occupancy routing form. After the Building Official inspects the building or structure and does not find violations of the provisions of this Code or other laws that are enforced by the Community Development Department, Building Inspection Division, the Building Official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the Building Official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. Where an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.

(Ord. 2024-26, § 1(Exh. A), 2024)

Section 116 of Chapter 1, Division II of the 2022 California Building Code is hereby deleted and replaced by Title 8, Division 5, Housing and Nuisance Abatement Code of the Mountain House Municipal Code.

(Ord. 2024-26, § 1(Exh. A), 2024)

That certain document in book form entitled the 2022 California Residential Code including Appendix Chapter AH published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, and incorporates by adoption the 2021 Edition of the International Residential Code of the International Code Council, one (1) copy of which is available at the Community Development Department, 251 E Main St, Mountain House, California 95391 for examination and use by the public, is hereby adopted and enacted by the City Council as the Residential Code of the City except those portions of the 2022 California Residential Code which are not adopted or which are amended specifically hereinafter.

8-1-112.1 Administration. Chapter 1, Division II of the 2022 California Residential Code is not adopted. Chapter 1, Division II of the 2022 California Building Code as amended by this Title shall be used to administer the Residential Code of the City.

(Ord. 2024-26, § 1(Exh. A), 2024)

That certain document in book form entitled the 2022 California Electrical Code published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, and incorporates by adoption the 2020 Edition of the National Electrical Code of the National Fire Protection Association, one (1) copy of which is available at the Community Development Department, 251 E Main St, Mountain House, California 95391 for examination and use by the public, is hereby adopted and enacted by the City Council as the Electrical Code of the City except those portions of the 2022 California Electrical Code which are not adopted or which are amended specifically hereinafter.

8-1-113.1 Administration. Chapter 1, Division II of the 2022 California Building Code as amended by this Title shall be used to administer the Electrical Code of the City.

(Ord. 2024-26, § 1(Exh. A), 2024)

That certain document in book form entitled the 2022 California Mechanical Code" excluding Appendix Chapters A through G published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, and incorporates by adoption the 2021 Edition of the Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials, one (1) copy of which is available at the Community Development Department, 251 E Main St, Mountain House, California 95391 for examination and use by the public, is hereby adopted and enacted by the City Council as the Mechanical Code of the City except those portions of the 2022 California Mechanical Code which are not adopted or which are amended specifically hereinafter.

8-1-114.1 Administration. Chapter 1, Division II, of the 2022 California Mechanical Code, Sections 101.0—102.8, 105.0—105.2.2, 105.3—105.4, in addition to Chapter 1, Division II of the 2022 California Building Code as amended by this Title shall be used to administer the Mechanical Code of the City.

(Ord. 2024-26, § 1(Exh. A), 2024)

That certain document in book form entitled the 2022 California Plumbing Code" excluding Appendix Chapter E published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, and incorporates by adoption the 2021 Edition of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, one (1) copy of which is available at the Community Development Department, 251 E Main St, Mountain House, California 95391 for examination and use by the public, is hereby adopted and enacted by the City Council as the Plumbing Code of the City except those portions of the 2022 California Plumbing Code which are not adopted or which are amended specifically hereinafter.

8-1-115.1 Administration. Chapter 1, Division II, of the 2022 California Plumbing Code, Sections 101.0—102.8, 104.1—104.2, 105.2—105.2.2, 105.3—105.4, in addition to Chapter 1, Division II of the 2022 California Building Code as amended by this Title shall be used to administer the Plumbing Code of the City.

(Ord. 2024-26, § 1(Exh. A), 2024)

That certain document in book form entitled the 2022 California Green Building Standards Code excluding Appendix A4, A5 and A6.1 published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, one (1) copy of which is available at the Community Development Department, 251 E Main St, Mountain House, California 95391 for examination and use by the public, is hereby adopted and enacted by the City Council as the Green Building Standards Code of the City except those portions of the 2022 California Green Building Standards Code which are not adopted or which are amended specifically hereinafter.

(Ord. 2024-26, § 1(Exh. A), 2024)

It is the intent of this Division to specify enforcement procedures for violations of Title 8, Division 1 be performed in compliance with Title 1, Division 2.

(Ord. 2024-26, § 1(Exh. A), 2024)