Nevada County Municipal Code Ch. 1 General

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.

Nothing in the codes hereinafter adopted shall be construed to prevent any person from performing their own building, mechanical, plumbing or electrical work, when performed with permits in compliance with this Chapter.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

This Chapter shall apply, to the extent permitted by law, to all construction in the unincorporated County of Nevada.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

Whenever any of the following names or terms are used herein or in any of the codes adopted by reference by this Chapter, unless the context directs otherwise, such names or terms so used shall have the following meanings:

A. Building Official, Administrative Authority, Responsible Official, and similar references to a chief administrative position shall mean the Building Official of the County of Nevada; provided, however, that where such terms are used in connection with those duties imposed by statute or ordinance upon the County Environmental Health Officer, said terms shall include the County Environmental Health Director; where such terms are used in connection with those duties imposed by statute or ordinance upon the Chief of a Fire Department or the County Fire Marshal, said terms shall include the Chief of the Fire Department or County Fire Marshal; and where such terms are used in connection with those duties imposed by ordinance upon the County Code Compliance Officer, said terms shall include the County Code Compliance Officer.

B. Building Department, Office of Administrative Authority, or Housing Department shall mean the Building Department of the County of Nevada.

C. City or Jurisdiction shall mean the County of Nevada when referring to a political entity, or an unincorporated area of said County when referring to area.

D. Clerk of This Jurisdiction means Clerk of the Board of Supervisors.

E. Governing Body, Legislative Body or Appointing Authority means the Board of Supervisors of the County of Nevada.

F. Board of Appeals, Housing Advisory and Appeals Board and any other reference to an appellate body in any of the uniform codes adopted by reference in this Chapter shall mean the Building and Accessibility Standards Board of Appeals provided for in Section 14.02.020 contained in this Chapter.

EXCEPTION: The appellate body for fire and panic safety regulations is within the jurisdiction of the County Fire Marshal/District Fire Chief.

G. Technical Codes refer to those codes and publications adopted by the County of Nevada containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance, of buildings and structures and building service equipment as enumerated in Section 14.01.040 below of the Nevada Code.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023)).

Subject to the modifications and amendments contained in this Chapter, the following codes and standards are hereby adopted and incorporated into the Nevada County Code by reference and having the legal effect as if their respective contents were set forth herein:

A. Division 11, Scope and Administration, 2025 California Building Code.

B. The 2025 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 2025 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, 2024 Edition, of the International Code Council, the whole thereof with State amendments, including appendixes "C," "H," "I" and "J" and amendments set forth in 14.03, California Building Code Amendments, of this Chapter.

D. The 2025 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, 2024 Edition, of the International Code Council, the whole thereof with State amendments, including appendixes "C," "H," "I" and "J" and amendments set forth in 14.03, California Building Code Amendments, of this Chapter.

E. The 2025 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 7 (Wildland-Urban Interface Code), incorporating the International Wildland Urban Interface Code, 2024 Edition, of the International Code Council, the whole thereof with State amendments including appendix chapters.

F. The 2025 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, 2024 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State amendments, including appendix chapters and amendments set forth in 14.05, California Plumbing Code Amendments, of this Chapter.

G. The 2025 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, 2024 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State amendments, including appendix chapters and amendments set forth in 14.08, California Mechanical Code Amendments, of this Chapter.

H. The 2025 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, 2023 Edition, of the National Fire Protection Association, the whole thereof with State amendments, including annex chapters and amendments set forth in 14.11, California Electrical Code Amendments, of this Chapter.

I. The 2025 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, 2024 Edition, of the International Code Council, the whole thereof with State Amendments, including appendixes "BB," "BF," "BG," "BJ," and "BO" and amendments as set forth in 14.04, California Residential Code Amendments, of this Chapter.

J. The 2025 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.

K. The 2025 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.

L. The 2025 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.

M. The 2025 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, 2024 Edition, of the International Code Council, the whole thereof with State Amendments.

N. The 2024 International Property Maintenance Code, of the International Code Council.

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

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

Q. International Swimming Pool and Spa Code, 2021 edition with the amendments set forth in 14.09, International Swimming Pool and Spa Code Amendments, of this Chapter.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023); Ord. 2552. (01/13/2026))

The Building Department of the County of Nevada shall maintain on file copies of the Codes and Standards referred to in above in 14.01.040 of this Chapter.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/13/2022) ; Ord. 2515. (12/06/2022); Ord. 2531. (10/24/2023))

A. The Building Official shall provide the Board of Appeals with copies of all statutes newly adopted by the State, pursuant to the State Housing Law and State Building Standards Law (Cal Health & Safety Code §§ 17910 and 18901—18919.).

B. The Building Official and Board of Appeals shall:

1. Provide technical review of the newly adopted codes.

2. Report such newly adopted codes to the Board of Supervisors and provide a draft recommendation for consideration by the Board to amend, add to, or repeal ordinances or regulations, to impose the same requirements as are contained in the new State laws, or to make changes or modifications in such requirements upon express findings because of local conditions or factors.

3. Request the Board of Supervisors to schedule a hearing not less than thirty (30) days from the date of their report and place one (1) copy of the codes to be considered by the Board in the office of the Building Department for review by the general public.

C. The Board of Supervisors shall, upon the request of the Building Official and Board of Appeals, schedule such public hearing to receive public testimony on the codes and any modifications thereto to be adopted by the Board.

D. The Clerk of the Board of Supervisors shall give notice of the time, place and subject matter of the public hearing scheduled on the matter before the Board. Notification shall be by publication in a newspaper of general circulation published and circulated within the County ten (10) days prior to the public hearing.

E. The Board of Supervisors shall hold such public hearing at the date and time scheduled and shall then act on the recommendation of the Board of Appeals.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

A. No building permit shall be issued for any building for which an individual sewage disposal and/or an approved water supply system must be installed, altered or added to, unless and until the Building Official is satisfied that adequate potable water and sewer disposal are available and that a permit is issued therefor.

B. No building permit shall be issued for which an encroachment or grading permit is required, unless and until the requirements prerequisite to said encroachment or grading permit has been met.

C. No building permit shall be issued unless and until the Building Official is satisfied that the construction authorized by the permit will not violate any existing law or ordinance.

D. No building permit shall be issued unless the Building Official is satisfied that adequate electrical power is supplied.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

A. No grading permit shall be issued for which encroachment approval is required until an encroachment permit has been obtained from the appropriate enforcement agency.

B. No grading permit shall be issued until the Building Official is satisfied that the work authorized by the permit will not violate any existing law or ordinance, including the County of Nevada Zoning Ordinance.

C. No grading permit shall be issued until a land use permit pursuant to Zoning Ordinances in Title 12, of the Nevada County Code has been granted by the Nevada County Planning Agency.

Exception: Single-family residential development and dams.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

Whenever the location of a property line or easement, or the title thereto, is disputed during the building or grading permit application process or during a grading or construction operation, a survey by a registered Land Surveyor or appropriately registered Civil Engineer may be required by the Building Official, at the expense of the applicant, prior to the application being approved or the grading or construction operation resuming.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

Whenever a parcel of real property is conveyed and a building permit and/or a grading permit has been issued for work on the property which has been started but not completed, the new owner of the property shall request a transfer of the permit(s) to his/her name and shall assume full responsibility for the work authorized by the permit(s). The new owners upon application shall pay a transfer fee as specified by the latest fee resolution of the Board of Supervisors for a permit transfer.

(Ord. 2374. (01/14/2014); Ord. 2424. (12/13/2016); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))