Chapter 15.04 — GENERAL PROVISIONS

The city of Orinda ("city") has a Building Inspection Department, headed by the Director of Building Inspection, who is a Contra Costa County Officer. The Contra Costa County Director of Building Inspection (and the Building Inspection Department) serves under contract as the agent of the city for the purpose of this title. As used in this title, the term "City Building Official" means the Director of Building Inspection. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

In the codes adopted by reference in this title, references to "city" means the city of Orinda; to "City Council or Mayor" means the City Council or Mayor of this city; to "state" means the state of California; and to "Building Official," "Chief Building Inspector," "Administrative Authority," or "authority enforcing this code" means the Director of Building Inspection of this city. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this title, or cause the same to be done, or install or connect any equipment regulated by this title, or perform any work regulated by this title, without first obtaining the necessary permits from the City Building Official. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

A. Fees shall be paid with the submission of an application for any permit required by this title. No application may be filed and accepted as complete until all required fees have been paid. Any permit issued without the payment of all required fees is invalid and of no force and effect. Permit fees and other fees will be in amounts set forth in fee schedules adopted by the City Council. B. A person who starts any work for which a permit is required under this title without first having obtained a permit shall, if later issued a permit for such work, pay double the permit fee. This provision does not apply to emergency work if the City Building Official determines that the emergency work was urgently necessary and that it was not practicable to obtain a permit before starting the work. In all such cases, a permit must be obtained as soon as it is practicable to do so, and if there is an unreasonable delay in obtaining the permit, a double fee shall be charged. C. For the purpose of Chapter 15.16, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached is a fixture. Fees for reconnection and retest of existing plumbing systems and relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, etc., involved. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

A. No permit shall be issued to a person to do or cause to be done any work regulated by this title except to the holder of a valid, unexpired and unrevoked license in good standing, issued under Chapter 9, Division 3

of the California Business and Professions Code. Permits may be issued to persons and for work exempt from that statute, and as otherwise provided in this section. B. Building Permits. A building permit may be issued to a person holding a valid, unexpired, unrevoked California general contractor's license. If the permit applicant is the owner of the structure occupied by or designed to be occupied by the owner and the owner performs all work under the permit, a building permit may be issued to the owner for work in a one-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters. C. Electrical Permits. 1. An electrical permit may be issued to a person holding a valid, unexpired, unrevoked California electrical contractor's license, or to a person holding a valid, unexpired, unrevoked California general contractor's license where the contractor is working on a permitted job and is performing two or more crafts on the permitted job. If the permit applicant is the owner of the structure occupied by or designed to be occupied by the owner and the owner performs all work under the permit, an electrical permit may be issued to the owner for work in a one-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters. 2. Instead of a separate permit for each building, structure, premises, installation or alteration, an annual electrical permit may be issued to any person regularly employing one or more electricians for electrical work in premises owned or occupied by the applicant for the permit. In the first fifteen (15) days of each calendar month, the holder of an annual permit shall report to the City Building Official on all electrical work done under the annual permit during the preceding month. D. Plumbing Permits. A plumbing permit may be issued to a person holding a valid, unexpired, unrevoked California plumbing contractor's license, or to a person holding a valid, unexpired, unrevoked California general contractor's license where the contractor is working on a permitted job and is performing two or more crafts on the permitted job. If the permit applicant is the owner of the structure occupied by or designed to be occupied by the owner and the owner performs all work under the permit, a plumbing permit may be issued to the owner for work in a one-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters. E. Mechanical Permits. A permit for the erection, installation, moving alteration, repair or replacement of any heating or cooling equipment may be issued to a person holding a valid California warm air heating, ventilating, and air conditioning contractor's license, or to a person holding a valid, unexpired, unrevoked

California general contractor's license where the contractor is working on a permitted job and is performing two or more crafts on the permitted job. If the permit applicant is the owner of the structure occupied by or designed to be occupied by the owner and the owner performs all work under the permit, a mechanical permit may be issued to the owner for work in a one-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

No person shall make a false statement or misrepresentation in or in connection with an application for a permit under this title. Any permit issued under this title may be revoked or suspended at any time by the City Building Official for fraud, misrepresentation or false statement contained in an application for a permit, or for violation of this title in connection with work done under the permit. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

The issuance of a permit or approval of plans and specifications shall not be construed as a permit for an approval of any violation of this title or code or determination that the permittee is the owner of the subject property or otherwise authorized to do the work for which the permit has been issued. No permit presuming to give authority to violate or cancel the provisions of this title shall be valid except insofar as the work or use which it authorizes is lawful. The issuance of a permit based on plans and specifications shall not prevent the City Building Official from later requiring the correction of errors in the plans and specifications or from preventing building operations being carried on under the permit in violation of this title or other regulation of this city. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

Every permit issued by the City Building Official becomes void if the building or work authorized is not begun within twelve (12) months from the permit's date, or if it is suspended or abandoned for one hundred eighty (180) continuous calendar days without excuse satisfying the City Building Official as being beyond control and remedy by the permittee. Evidence of starting work shall consist of at least one required inspection within twelve (12) months of the permit issuance date or the date the permit was suspended or the work was abandoned. Once a permit becomes void, a new permit shall be obtained before any work is commenced or recommenced, and a new permit fee shall be paid. Any permittee holding an unexpired permit may apply for a permit extension upon a showing of good and satisfactory reason acceptable to the City Building Official. If the permittee is unable to commence work within the time required by this section, the City Building Official may extend the time of the permit for a period not exceeding one hundred eighty (180) days upon written request by the permittee. No permit shall be renewed more than once. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

The City Building Official may authorize the refund of required permit fees as follows: A. Unused Building Permit. On the voiding of a permit within sixty (60) days after issuance, no work having been done, the holder may be allowed a refund of the amount in excess of fifteen dollars ($15.00) but not more than eighty (80) percent of the permit fee paid. On the voiding of a permit during the period between sixty (60) days and one year after issuance, no work having been done, the holder may be allowed a refund of the amount in excess of fifteen dollars ($15.00) or one-half the total amount paid for the permit, whichever is smaller. No refunds of plan check fees for issued permits shall be allowed. Any unused plumbing, electrical, or mechanical permit(s) taken in conjunction with a building permit are governed by the refund procedures in subsection B of this section. B. Unused Plumbing, Electrical, or Mechanical Permits. No refund of deposits for these permits (including subpermits issued in conjunction with building permits, and miscellaneous permits) shall be allowed, except that on the voiding of a permit within one year after issuance, no work having been done, the holder may be allowed a refund of the amount in excess of ten dollars ($10.00). (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

Any condition existing in violation of this title is a public nuisance. The procedure for the abatement of buildings declared to be a public nuisance pursuant to Section 102 of the Uniform Building Code (which is adopted by reference in Chapter 15.08), or pursuant to Section 202 of the Uniform Housing Code (which is adopted by referenced in Chapter 15.24) or pursuant to Section 15.24.040 of this title is the procedure specified in Chapter 19.03 of this code. As an alternative to this procedure, abatement may be performed pursuant to the procedure specified in Article 6 (Action and Proceedings) of Subchapter 1 (State Housing Law Regulations) of Chapter 1 of Title 25 (Housing and Community Development) of the California Code of Regulations (25 C.C.R. Sections 48 et seq.). That procedure is adopted by this reference as though fully set forth in this title and is an alternative to enforcement by judicial proceedings. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

Whenever any work is being done contrary to this title or any other law or regulation (including, but not limited to, the following: zoning, health, sanitation, grading, fire protection and safety, or flood control) relating to or affecting the work, the City Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing of the work; and these persons shall stop work immediately until authorized by the City Building Official to proceed with the work. The stop work order will state the reason for the order and the conditions under which the cited work may be permitted to resume. If the work continues after the issuance of a stop work order, each day the work continues is a separate code violation. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

A. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the City Building Official has cause to believe that there exists in any building or upon any premises any violation of this code or any condition that makes the building or premises unsafe, unsanitary, dangerous or hazardous, the City Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the City Building Official by this code. If entry is refused, the City Building Official has recourse to every remedy provided by law to secure entry. B. No person shall conceal any work until it is inspected and written approval to proceed is given. No person shall cover electrical work, or allow it to be covered, to prevent or hinder its inspection, or remove any notice not to cover placed by the City Building Official. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

If the City Building Official finds any work as out of compliance with this title, the Building Official will give written notice to the person engaged in the work. Within ten days after this notice, or within any reasonable further time that the City Building Official may prescribe, the person doing the work shall change or remove the work or equipment as the City Building Official may require to make it comply fully with this title. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

The City Building Official may, in his or her sound discretion, withhold the issuance or reinstatement of a permit under this title for any structure on a parcel of land concerning either or both of which there exists any violation of law or regulation (including but not limited to the following: building, grading, zoning, fire protection and safety, health, sanitation and/or flood control) relating to or affecting that permit. In determining whether a permit shall be issued, he or she shall also consider whether the existing violation constitutes an unlawful occupancy or a hazard to life or property. He or she may require correction of a violation before issuing a permit, or as a condition of issuance within a stated period of time including any extensions granted for good cause shown. Failure to comply with such condition is a ground for revocation as provided by law. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

A. The City Building Official may shut off or disconnect any or all utility service to any structure or facility or to any electrical conductor or apparatus that is in violation of any state or city law or regulation relating thereto or that endangers the public health, safety or welfare, or the City Building Official may order this done.

B. If the City Building Official finds that the violation involves an immediate danger to person(s) or properties or to the public health, safety or welfare, the City Building Official may have the action taken as quickly as he or she deems necessitated by the danger; otherwise the City Building Official will give ten days advance notice thereof by mail to the utility and to the owner as shown on the last assessment roll and by conspicuous posting on the property; and the City Building Official will post notice of the orders and the action taken, which no person shall remove, tamper with or disobey. The City Building Official will rescind or modify such action when it becomes proper to do so in view of the danger or violation. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

A. Notice. Whenever in, on or about any building any person engaged in the distribution or sale of electrical energy or natural gas sets, resets, installs or reinstalls any meter for the measurement of electrical energy or natural gas, or connects or reconnects to, or supplies or services any installation of electrical equipment or natural gas, or change the nominal voltage of electrical supply or service to any installation of electrical equipment, or changes any electrical supply or service from two-wire to three-wire or vice versa, or from single-phase to polyphase or vice versa, or from direct current to alternating current or vice versa, that person shall within two days thereafter, exclusive of Sundays and holidays, give written notice thereof to the City Building Official specifying the location and address of the installation affected. B. Thirty-Day Exception. This notice need not be given for work expressly approved by the City Building Official within thirty (30) days after inspection approval. C. Authorization Required. No person engaged in the distribution or sale of electrical energy shall connect a distribution system, including windpower generators, or any live supply or service conductor(s) therefrom, to any electrical equipment in, on or about any building or cause or allow any energizing of such connections, including windpower or emergency/stand by electrical generation until the City Building Official inspects the electrical equipment and authorizes such connections. No gas utility provider engaged in the distribution or sale of natural gas shall connect a distribution system to any natural gas equipment in, on or about any building until the City Building Official inspects the natural gas installation and authorizes such connections. D. Permit Required. A permit shall be obtained from the City Building Official to restore electrical or gas service to any structure that has been without such service for ninety (90) days or more. The City Building Official will notify the servicing utility that the electrical service equipment and associated wiring has been inspected and approved before electrical or gas service may be reinstated.

E. Waiver. The City Building Official may, at his or her discretion, temporarily or permanently waive any or all requirements of this article by giving written notice of such waiver to all persons involved. The City Building Official may likewise at any time revoke such waiver by similar notice. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

Editor's note— Ord. No. 20-03, § 2(App. A), adopted Feb. 18, 2020, repealed § 15.04.170 entitled "Enforcement of state law," which derived from Ord. 07-10 § 2 (Appx. A (part)).

All work shall be performed, and all equipment shall be constructed, installed, protected, operated, repaired, used and maintained, in accordance with the requirements of this title and in such manner as to be reasonably safe and free from risk of accident or injury to person or property. No person shall act contrary to this general regulation or neglect to act as required. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)

This title shall not be construed to impose on the city any liability or responsibility for damage resulting from defective building, plumbing, mechanical or electrical work; nor shall the city, or any official or employee of the city, be held to assume this liability or responsibility because of the inspection authorized under this title. The issuance of the building permit under this title shall not be construed as the determination by the city that the permittee has legally sufficient proprietary rights to perform the work on the property for which the permit has been issued nor shall it be construed as permission or license to enter on, occupy or otherwise utilize private or non-city property without the express consent of the owner or agent in possession. (Ord. 07-10 § 2 (Appx. A (part)); Ord. No. 20-03, § 2(App. A), 2-18-20)