Newark Municipal Code Ch. 15.04 General Provisions

Chapters 15.02 through 15.28 of this title shall be known as the "city of Newark building regulations ordinance," may be cited as such, and will be referred to herein as this article.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

Whenever any of the names or terms defined in this section are used in this article or the codes adopted in this article by reference, each such term or name shall have the meaning ascribed to it in this section:

A. "Administrative authority" used in reference to all the construction codes except the California Fire Code means the city building official. The "Administrative Authority" used in reference to the California Fire Code means the Alameda County Fire Department fire marshal.

B. "City" means the city of Newark.

C. "Director of emergency services" means the city manager, or successor, during a declared local emergency, who manages and coordinates emergency operations.

D. "Construction codes" means the California Building Code, California Electrical Code, California Residential Code, and California Fire Code, published by the International Code Council and amended and adopted by the state of California; California Referenced Standards Code, California Historical Code, California Energy Code, California Green Building Standards Code, and California Building Standards Code, published by the State of California; California Plumbing Code and California Mechanical Code published by the International Association of Plumbing and Mechanical Officials and amended and adopted by the state of California.

E. All other names or terms shall apply to the appropriate officer, board or body of the city.

(Ord. No. 471, § 1, 11-14-2013)

Editor's note— Ord. No. 556, § 2, adopted November 13, 2025, repealed § 15.04.030 which pertained to interpretation of the construction codes and board of appeals and derived from Ord. No. 471, adopted November 14, 2013; and Ord. No. 540, adopted May 25, 2023.

A. The administrative authority is authorized and directed to enforce all the provisions of this article. For such purpose he or she shall have the powers of a police officer. The determinations of value or valuation under any of the provisions of this article shall be made by the administrative authority.

B. In accordance with Chapter 2.28 of the Newark Municipal Code, and with the approval of the chief appointing authority, the administrative authority may deputize such employees as may be authorized to carry out the provisions of this article.

C. Upon presentation of proper credentials, the administrative authority or his or her authorized representatives may enter at reasonable times any building, structure, or other premises in the city to perform any duty imposed upon him or her by this article.

(Ord. No. 471, § 1, 11-14-2013)

A. The administrative authority, member of the board of appeals, or employee charged with the enforcement of the construction codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by the construction codes or other pertinent law or ordinance, shall be hereby rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provision of the construction codes shall be defended by legal representative of the city until the final termination of the proceedings. The administrative authority or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of the construction codes.

B. This article imposes no liability or responsibility upon the city for damages resulting from defective construction or work, nor shall the city or any official or employee thereof be held as assuming any liability or responsibility by reason of the duties carried out in enforcing the provisions of this article.

(Ord. No. 471, § 1, 11-14-2013)

A. Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the construction codes, or to cause any such work to be done, shall first make application to the administrative authority and obtain the required permit.

B. Work Exempt from Permit. Exemptions from permit requirements of the construction codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provision of the construction codes or any other laws or ordinances of [the] city. Permits shall not be required as delineated in the various adopted construction codes as work exempt from permits.

(Ord. No. 471, § 1, 11-14-2013)

A. General. Construction or work for which a permit is required shall be subject to inspection by the administrative authority and such construction or work shall remain accessible and exposed for inspection purposes until approved. If ladders, stairs, or other access features are needed for the administrative authority to gain access to construction in order to conduct inspections, they shall be provided by the permit applicant. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of construction codes or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of the construction codes or of other ordinances of the city shall not be valid. It shall be the duty of the permit applicant to request inspections and to cause the work to remain accessible and exposed for inspection purposes. Neither the administrative authority nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspections.

(Ord. No. 471, § 1, 11-14-2013)

A. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the administrative authority has issued a certificate of occupancy. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the construction codes or city ordinance.

B. The building official or their designee is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permits, provided that such portion or portions shall be occupied safely and all fees due at time of the issuance of a certificate of occupancy are paid.

C. The building official or their designee is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of the construction codes wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of the construction codes.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

A. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by the construction codes for which a permit is required, until released by the building official or their designee.

B. The building official or their designee shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel, or power.

C. The building official or their designee shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by the construction codes in case of emergency where necessary to eliminate an immediate hazard to like or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building , structure, or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnection , the owner or occupant of the building , structure, or service system shall be notified in writing, as soon as practical thereafter.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

A. Whenever the building official finds any work regulated by the construction codes being performed in a manner either contrary to the provisions of the construction codes or dangerous or unsafe or deviates from the approved construction documents that is a life safety concern, the building official is authorized to issue a stop work order.

B. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

C. Any person who shall continue any work after having been serviced with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to Chapter 15.28 of this title.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

The determination of construction value or valuation under any of the provisions of the construction codes shall be made by the administrative authority. The value to be used in computing permit and plan review fees shall be the total 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, any other permanent equipment, and the cost of the design and documentation of the project.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

Construction documents, statement of special inspections, and other data shall be submitted with each permit application by the current process in effect. Construction documents shall be drawn upon suitable material and be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of the construction codes and relevant laws, ordinances, rules, and regulations, as determined by the administrative authority. The administrative authority may waive the requirement of submitting construction documents for minor and/or simple projects.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

The fees for permits authorizing work in accordance with the construction codes as adopted in this article shall be established by resolution of the city council and shall be paid prior to the issuance of such permits.

(Ord. No. 471, § 1, 11-14-2013)

When a plan or other data are required to be submitted in accordance with the provisions of the construction codes as adopted in this article, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee is separate from and in addition to the permit fee. Said plan review fee shall be as established by resolution of the city council.

(Ord. No. 471, § 1, 11-14-2013)

Where an owner or applicant requests a fee refund in writing and the permit is not closed, finaled, or expired, the following criteria will be used to determine the refund amount.

A. The administrative authority may authorize the refunding of certain fees paid under this article which are erroneously paid or collected.

B. The administrative authority may authorize the refunding of not more than eighty percent of the permit fee paid when no work has been done under a permit issued in accordance with the construction codes as adopted in this article.

C. The administrative authority may authorize the refunding of not more than eighty percent of the plan review fee when the application for a permit, for which a plan review has been paid, is withdrawn or canceled before any plan review has begun. If a plan review was performed and a permit is subsequently withdrawn, the refund for any unused fee will be refunded.

D. The administrative authority shall not authorize the refunding of any fee paid, except upon written request filed by the original permittee not later than one hundred eighty days after the date of payment of the fee.

E. The application fee, document retention fee, records automation fee, building standards commission fee, and strong motion fee are nonrefundable.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

A. A reinspection fee may be assessed for each inspection or reinspection when the portion of work for which the inspection is scheduled is not complete or when required corrections have not been completed. This is not to be construed as requiring payment of a reinspection fee for the first-time work that is rejected for failure to comply with the requirements of this code, but as controlling the practice of requesting an inspection before the work is ready for such inspection, and continued canceling of inspections within twenty-four hours.

B. Reinspection fees may be assessed when the permit is not properly posted or made conveniently available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from the approved plans.

C. To obtain a reinspection, the applicant shall pay the reinspection fee as established by resolution of the city council and shall request a reinspection in the same manner as for a regular inspection.

D. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

Whenever any work for which a permit is required by the construction codes as adopted in this article has commenced without first obtaining said permit, the permit fee shall be double the amount set forth in the fee schedule resolution. This provision shall not apply to emergency work when the administrative authority determines that such work was urgently necessary and that it was not practical to obtain a permit prior to the commencement of such work. In such cases, a permit shall be obtained as soon as it is practical to do so; and if there is an unreasonable delay in obtaining such permit, a double fee as provided in this section shall be charged.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

Applications for which no permit is issued within one hundred eighty days following the date of application or previous completed review cycle shall expire by limitation, and plans and other data submitted for review will be recorded as expired by the administrative authority. The administrative authority may extend the time for action by the applicant for a period not exceeding an additional one hundred eighty days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken and there are no outstanding plan review fee's due. The administrative authority may deny an extension if any of the construction codes have been revised subsequent to the original date of application. The fee to extend the plan review period shall be established by resolution of the city council. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay any new plan review fee based on the estimated cost of service.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

A. Every permit issued by the administrative authority under the provisions of the construction codes as adopted in this article shall expire by limitation and become null and void if one or more of the following conditions occur:

1. The work authorized by such permit is not begun within one hundred eighty days or pursuant to state law from the date of issuance of such permit; or

2. The work authorized by such permit is suspended or abandoned for a period of one hundred eighty days or pursuant to state law at any time after the work has begun; or

3. A period of one hundred eighty days has elapsed since the most recent satisfactory inspection approval for the work authorized by such permit and is beyond the time allowed by either (1) or (2) above; or

4. The work authorized by such permit has not been completed and has not received final inspection approval within two years from the date of permit issuance.

B. Before such work can begin again, either the permit shall first be renewed, or a new permit shall first be obtained. The permit may be renewed; provided, no changes have been made or will be made to the original plans and specifications for such work; and provided further, that such suspension or abandonment or lapse of time since the most recent satisfactory inspection approval has not exceeded one year. A permittee may request renewal of a permit by submitting the request in writing (a) stating the reasons for the delay, (b) describing the circumstances beyond the control of the permittee which prevented the completion of the work, and (c) describing the relief being sought. The fee to renew a permit shall be based on the amount of time needed to finish the project based on the fee schedule in effect at that time or the minimum permit fee amount, whichever is greater. The permit may be renewed only one time and for a period not to exceed one hundred eighty days from the date of renewal of the permit and not to exceed two and one-half years from the date of original permit issuance.

C. If the suspension or abandonment or lapse of time since the most recent satisfactory inspection approval exceeds one year, then a new permit shall first be obtained before commencing work. The permittee shall resubmit plans and supporting documents as for an original project submittal and shall pay new, full permit fees based on the fee schedule in effect at the time of issuance of the new permit. If construction codes were adopted subsequent to the application for the original permit, the building official shall require all new construction to meet current construction codes and may require previously completed construction to be modified to meet current construction codes.

D. A permittee holding an unexpired permit may request an extension of time to complete the work authorized by that permit by submitting the request in writing (1) stating the reasons for the delay, (2) describing the circumstances beyond the control of the permittee which prevented the completion of the work, and (3) describing the relief being sought. The fee to extend the permit shall be the administrative costs to extend the permit, based on the fee schedule in effect at the time of extending the permit.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

The city council pursuant to Section 17958.7 of the state Health and Safety Code makes an express finding that the modifications and changes to the construction codes, as adopted in this article are necessary for the protection of the health, safety and general welfare of the residents of the city due to local climate or geological or topographical conditions.

(Ord. No. 471, § 1, 11-14-2013)

Editor's note— Ord. No. 540, § 2(Exh. A), adopted May 25, 2023, repealed § 15.04.210 which pertained to conflict in codes and derived from Ord. No. 471, adopted November 14, 2013.

Editor's note— Ord. No. 540, § 2(Exh. A), adopted May 25, 2023, repealed § 15.04.220 which pertained to article applicability to public corporations or bodies and derived from Ord. No. 471, adopted November 14, 2013.

During a declared local emergency precipitated by a natural or man-made disaster which may have resulted in physical damage to structures the director of emergency services, or his deputies, is given the authority enter onto private property, conduct inspections and post such property as "inspected," "restricted use," or "unsafe" and to enforce any conditions so stated on such posting.

(Ord. No. 471, § 1, 11-14-2013; Ord. No. 540, § 2(Exh. A), 5-25-2023)

Editor's note— Ord. No. 540, § 2(Exh. A), adopted May 25, 2023, repealed § 15.04.240 which pertained to retention of plans and derived from Ord. No. 471, adopted November 14, 2013.