Nevada City Municipal Code Ch. 15.04 Building Standards

Footnotes:

--- (1) ---

Editor's note— Ord. No. 2023-05, § 3 (Exh. A), adopted May 24, 2023, repealed ch. 15.04, §§ 15.04.005—15.04.100, in its entirety; and enacted a new ch. 15.04 to read as set out herein. Former ch. 15.04 pertained to similar material and was derived from Ord. No. 2018-03, § I (Exh. A), adopted May 9, 2018 and Ord. No. 2020-02, § 2(Exh. A), adopted February 12, 2020.

This Chapter is enacted for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures, regulated equipment, grading and construction activities that result in a land disturbance on private property within this jurisdiction in conformity with the 2022 edition of the California Building Standards and consistent with and complementary to standards adopted by the County of Nevada. Nothing in the codes hereinafter adopted shall be construed to prevent any person from performing his own building, mechanical, plumbing or electrical work when performed with the permits in compliance with this Chapter.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

For the purpose of this Chapter, the following terms and words used herein or in any of the codes or ordinances adopted by reference therein, unless the context directs otherwise, shall have the meaning ascribed to them by this Section:

"Board of appeals", "housing advisory" and "appeals board" and any other references to an appellate body in any of the uniform codes or County amendments adopted by reference by this Chapter mean such entities as may be designated by the city council of Nevada City by resolution.

"Building official", "administrative authority", "responsible official", "chief building inspector", "plumbing official", "mechanical official", "electrical official" and similar references to a chief administrative position mean the building official for Nevada County under contract to furnish such services to Nevada City or such other entity as the city council of Nevada City may designate, subject to the limitations on their discretion provided in Section 15.04.023.

"City", "agency" or "jurisdiction" means the City of Nevada City. "Clerk of this jurisdiction" means the city clerk. "Governing body", "legislative body", "city council", "council" or "appointing authority" means the city council of Nevada City. "Technical codes" means those codes and publications adopted by Nevada City containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment.

"County" means the County of Nevada.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

Subject to the modifications and amendments contained in this Chapter, the following codes and standards are adopted and incorporated into the Municipal Code of the City of Nevada City by reference and have the same legal effect as if set forth herein:

A. Division II, Scope and Administration, 2022 California Building Code.

B. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 12 (California Referenced Standards Code), in whole thereof.

C. The 2022 edition of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 (California Building Code), incorporating the International Building Code, 2018 Edition, of the International Code Council, the whole thereof with State amendments, including appendixes "C", "H", "I" and "J" and amendments set forth in Article 3 of this Chapter.

D. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 9 (California Fire Code), incorporating the International Fire Code, 2018 Edition, of the International Code Council, the whole thereof with State amendments, save and except article 86 thereof, including appendix chapters and amendments set forth in Article 5 of this Chapter.

E. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5 (California Plumbing Code), incorporating the Uniform Plumbing Code, 2018 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State amendments, including appendix chapters and amendments set forth in Article 7 of this Chapter.

F. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4 (California Mechanical Code), incorporating the Uniform Mechanical Code, 2018 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State amendments, including appendix chapters and amendments set forth in Article 8 of this Chapter.

G. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3 (California Electrical Code), incorporating the National Electrical Code, 2017 Edition, of the National Fire Protection Association, the whole thereof with State amendments, including annex chapters and amendments set forth in Article 11 of this Chapter

H. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5 (California Residential Code) incorporating the International Residential Code, 2018 Edition, of the International Code Council, the whole thereof with State Amendments, including appendixes "H", "J", "K", "Q", and "S" and amendments as set forth in Article 4 of this chapter.

I. The 2022 edition of the California Building Standards Code, known as the California Code of Regulation, Title 24, Part 11 (California Green Building Standards Code) in whole thereof, with State Amendments.

J. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 6 (California Energy Code) in whole thereof, with State Amendments.

K. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 8 (California Historical Building Code) in whole thereof, with State Amendments.

L. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 10 (California Existing Building Code), incorporating the International Existing Building Code, 2018 Edition, of the International Code Council, the whole thereof with State Amendments.

M. The 2021 International Property Maintenance Code, of the International Code Council.

N. The 1997 Uniform Code for the Abatement of Dangerous Buildings, of the International Conference of Building Officials.

O. The 1997 Uniform Housing Code, of the International Conference of Building Officials.

P. International Swimming Pool and Spa Code, 2021 Edition with the amendments set forth in Article 9 of this Chapter.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

Subject to the modifications and amendments contained in this Title, the Nevada County amendments to the 2022 California Building Standards adopted by Nevada County on December 13, 2022 are adopted and incorporated into the Municipal Code of the City of Nevada City by reference and have the same legal effect as if set forth herein. Excluded from this adoption shall be the following provisions adopted by the County by for inclusion in the Nevada County Land Use and Development Code:

A. The County amendment in section L-V 5.7 in Chapter V, Article 5 providing for fire agency appeals to the Board of Supervisors;

B. The County amendments in Chapter V, Article 11 adopting more comprehensive exemptions from grading permit requirements for landform grading for agriculture; and;

C. Any regulations regarding the construction of limited density owner-built dwellings contained in the California Code of Regulations, Title 25, Chapter 1, Article 8, which has not been adopted by the City.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

Whenever in the building regulations it is provided that anything must be done with the approval of or subject to the direction of the Building Official, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by this Chapter have been complied with, and no such provision shall be construed as giving that officer any discretionary powers as to what such regulations or standards should be where the effect would be to increase the cost or time to complete the project or the power to require conditions not prescribed by this Chapter or to enforce such rules and standards in an arbitrary or discriminatory manner. Where the work for which the building permit is issued involves the remodel, restoration, renovation or rehabilitation of an existing building or structure, the Building Official shall not review or require changes to existing conditions outside the scope of the work for which the permit is issued or required.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

Pursuant to Nevada County Land Use and Development Code Sec. L-V 1.5, the Nevada County Building Department maintains on file copies of the Codes and Standards referred to in Section 15.04.010 of this Chapter. Copies of Nevada County Ordinance adopting the County amendments referred to in the preceding section are on file with the County of Nevada and shall be maintained at City Hall as well, together with copies of this City Ordinance.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

In addition to the applicable requirements in Sec. L-V 1.7. A-D, of the Nevada County Land Use and Development Code, a sewer backflow prevention device is required for property located in the City. A backflow device is required upon transfer of any parcel of real property within the City limits prior to close of escrow or transfer and upon issuance of a "final" of a building permit in accordance with the City of Nevada City adopted Resolution No. 2005-12.

In addition to the applicable requirements in Sec. L-V 1.7. A-D, subsection A of Sec, L- V 1.8 and Sec. L-V 1.9 of the Nevada County Land Use and Development Code, no grading or building permit shall be issued for property located in the City until the land use is approved by the City.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

A. In addition to the applicable requirements in Sec. L-V 1.7. A-D, subsection A of Sec, L-V 1.8 and Sec. L-V 1.9 of the Nevada County Land Use and Development Code, no grading or building permit shall be issued for property located in the City until the land use is approved by the City.

B. By City Ordinance Nos. 338, 344, 365, 89-5 and 92-5, the City has designated a downtown Historical District deemed to be of importance to the history, architecture and culture of Nevada City and the buildings and properties therein shall be considered to be qualified historical buildings or properties for purposes of allowing alternate standards under the Historical Building Code to be applied to any work thereon, including without limitation, remodel, restoration, renovation and rehabilitation thereof. To encourage and promote such work and assure that it is not unduly restricted or delayed, the Building Official shall provide written notice to the City whenever any building permit is requested for buildings or properties within the Historical District and shall work with the City to facilitate timely completion, inspection and approval of such work and make no changes to a City-approved permit without prior written City approval.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

A. In order to hear and decide appeals of discretionary orders, decisions or determinations made by the Building Official relative to the application and interpretation of the provisions of the technical codes or the Historical Building Code or relative to the enforcement of the California Access to Public Accommodations by Physically Disabled Persons regulations within the City, the city council may, on a case-by-case basis or for designated periods of time, 1) designate the Nevada County Building and Accessibility Standards Board of Appeals created pursuant to Section 113.1, as modified by Sec. L-V 2.1 of the Nevada County Land Use and Development Code, to act as the Nevada City Building and Accessibility Standards Board of Appeals; 2) create its own Building and Accessibility Standards Board of Appeals subject to the same regulations as a County Board with each council member appointing one member who is not an employee of the City and is qualified by experience and training to pass on the matters appealed, including, but not limited to building construction, building service equipment and grading, with each appointed member to serve at the pleasure of the appointing council member; or 3) proceed as provided in subsection C hereof. The Building Official making the decision appealed from may be an ex officio member and serve as secretary to the Board of Appeals but shall have no vote in the matter.

B. The option for the city council to create its own Building and Accessibility Standards Board of Appeals for decisions relating to property and buildings within the City as provided herein shall be available as an alternative to the provisions adopted by the County for appeals regarding all codes adopted herein where the county adopted provisions refer back to Section L-V 2.1 or 2.2 of the Nevada County Land Use and Development Code, whether or not specifically provided for in this Article.

C. In order to hear and decide appeals of discretionary orders, decisions or determination made by the Building Official relative to the application and interpretation of the provisions of the Historical Building Code and alternative measures allowable thereunder, the city council may, on a case-by-case basis, either proceed as provided in subsection A or designate the Nevada City Planning Commission to act on such appeals.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

The work exempted in paragraph 1 of section 105.2 is amended to read as follows rather than as amended by Sec. L-V 2.3 of the Nevada County Land Use and Development Code:

1. One-story detached accessory buildings without electrical, mechanical or plumbing not intended for habitation, subject to the requirements of Nevada City Municipal Code Sec. 17.80.010, provided it is less than or equal to no more than 160 square feet in area and the projected roof area does not exceed 200 square feet. One structure per parcel.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

The work exempted in paragraph 14 of added to Section 105.2 by Sec. L-V 2.4 of the Nevada County Land Use and Development Code is amended to read as follows and that exempted in paragraph 15 added by Sec. L-V 2.5 of the Nevada County Land Use and Development Code is not adopted:

14. Detached trellis or arbor accessory to single family residential property provided it is no more than 160 square feet in area and the projected roof area does not exceed 200 square feet.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to this chapter, set forth by the State of California or elsewhere in the City's code.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)