Port Hueneme Municipal Code Ch. 1 General Provisions

This Article shall be known as the "City of Port Hueneme Building Regulations," and may be cited as such, and will be referred to herein as the "Building Regulations."

(Ord. 637 § 5 Exh. A (part), 2001)

The Council expressly finds that the purpose of these Building Regulations is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use of occupancy, location, relocation, and maintenance of all buildings and structures within the City and certain equipment specifically regulated herein.

(Ord. 637 § 5 Exh. A (part), 2001)

These Building Regulations shall apply within all incorporated territory of the City.

(Ord. 637 § 5 Exh. A (part), 2001)

Whenever there are conflicts and whenever there appears to be conflicts between the provisions of this Article and the separate codes adopted by reference hereby, or between different sections of the same such Uniform Code, the provisions which are more strict or which set the higher or highest standards shall prevail.

(Ord. 637 § 5 Exh. A (part), 2001)

The City Council intends to establish minimum standards for the protection of the public health, safety, and welfare. These Building Regulations shall not be construed to establish standards of performance, strength, or durability other than those specified. Neither these Building Regulations nor any services rendered in connection with or pursuant to their terms by City officers, inspectors, agents, or employees, is intended nor shall be construed as the basis for any express or implied warranties or guarantees to any person relative to or concerning any structure or part, portion, or appurtenance thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced, or removed pursuant to these Building Regulations or any permits granted hereunder. No cause of action shall arise in favor of any person against the City or any of its officers, inspectors, agents, or employees because any structure or portion thereof constructed, erected, altered, enlarged, repaired, moved, replaced, or removed, or any appliances installed, maintained, repaired or replaced hereunder does not meet the standards prescribed herein, or does not meet any other standards prescribed elsewhere as to performance, strength, durability or other characteristics.

(Ord. 637 § 5 Exh. A (part), 2001)

(a) General. The Building Official is hereby authorized and directed to enforce all the provisions of these Building Regulations and of the uniform codes adopted by reference hereby. The decision of the Building Official in enforcing the provisions of these Building Regulations or of the uniform codes adopted by reference, or in interpreting the provisions thereof, or in exercising the authority delegated thereby shall be final, subject to appeal as provided in these Building Regulations.

Whenever in these Building Regulations or in any of the uniform codes adopted by reference hereby, another code or publication of standards or of rules or regulations is referred to, any language to the contrary notwithstanding, such reference shall not incorporate by reference such other codes, standards, or rules or regulations as part of these Building Regulations or of any of the uniform codes adopted by reference hereby unless set out in full herein, but they shall be considered and may be used by the Building Official as guidelines to assist in determining whether or not there has been compliance with the provisions of these Building Regulations. The Building Official shall not be bound by the provisions of any such other codes, standards, or rules or regulations not expressly adopted by reference in these Building Regulations in determining such compliance.

(b) Reports and Records. The Building Official shall keep a permanent and accurate account of all fees and other monies collected and received under these Building Regulations, including the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate.

(c) Stop Orders. Whenever any building work is being done contrary to the provisions of these Building Regulations, or in violation of applicable Ordinances, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

Whenever the Building Official finds that a building or structure for which a permit has been issued may be flooded or is subject to erosion hazard if the work is completed in the manner proposed, or that the completion of such work will cause the flooding of other buildings or structures, the Building Official may order all work stopped and refer the matter to the Public Works Director for a determination as to such danger. If the Public Works Director reports that substantial danger exists, the Building Official shall order work stopped until plans to alleviate such danger have been reviewed and approved by the Public Works Director.

Failure to order work stopped or to make such referral or both shall not be construed as a representation that danger of flooding or erosion does not or will not exist if the work is completed in the manner proposed.

(d) Occupancy Violations. Whenever any building or structure or equipment therein regulated by these Building Regulations, being used contrary to the provisions of these Building Regulations, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice or make the structure, or portion thereof, comply with the requirements of these Building Regulations; provided, however, that in the event of an unsafe building, Section 102 in the California Building Code shall apply.

(Ord. 637 § 5 Exh. A (part), 2001)

(Ord. No. 712, § 3 (Exh. A), 11-4-13)

(a) Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of these Building Regulations, the City Council shall appoint a board of appeals pursuant to Section 105 of the California Building Code.

(b) Appeals Hearing Fee. A fee in an amount established by resolution of the Council shall accompany each application for a hearing before the appeals board established under the provisions of these Building Regulations.

(Ord. 637 § 5 Exh. A (part), 2001)

(a) Permits Required. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or cause the same to be done, without first obtaining the necessary permit for each such Building or structure from the Building Official. The terms "erect, construct, enlarge, alter, repair" etc. as used above shall be deemed to include any and all electrical, plumbing, mechanical, grading, or other work regulated by these Building Regulations.

Emergency repairs to plumbing, electrical, and mechanical installations may be initiated prior to obtaining the required permits, provided that such work was urgently necessary and it was impractical to obtain the permits prior to commencement of the work. Permits for all such work shall be obtained as soon as it is practical to do so.

(b) Annual Maintenance Permits. The Building Official may, upon receipt of the required fee, issue an annual maintenance permit to any authorized person, firm, or corporation regularly engaged in the repair, replacement, alteration, or maintenance of electrical, plumbing, or mechanical systems regulated by these Building Regulations. The annual maintenance permit shall cover maintenance work which is performed on the premises of a person, firm or corporation and shall entitle the holder to be issued permits for said work on a monthly basis in lieu of obtaining individual permit prior to each installation or alteration of electrical wiring, plumbing, or mechanical equipment.

The holder of an annual maintenance permit shall report all work done under the permit on a form furnished for the purpose not more than fifteen (15) days following the end of each calendar month, or as otherwise approved by the Building Official. Each such report shall be accompanied by the appropriate fees as required by these Building Regulations and by resolution of the Council.

(c) Pre-Permit Inspection. A code compliance inspection, as described in Section 8503 of this Article, shall be required as a condition requisite to the issuance of permits for the following types of construction:

(1) Any new building or structure involving property on which there is an existing building or structure;*

(2) Any addition to an existing building or structure, including, but not limited to, room additions and patio covers;

(3) Any alteration in floor space of an existing building or structure;

(4) Any replacement or upgrade of space heating systems or components thereof;

(5) Any partial or complete reroof;**

(6) Any other type of construction, addition or alteration that the Building Official deems necessary in order to ascertain compliance with applicable building regulations. ***

* Sec. 8008(C)(1) amended by Ord. 572, 9/18/91

** Sec. 8008(C)(5) added by Ord. 572, 9/18/91

*** Sec 8008(C)(6) added by 572, 9/18/91

(Ord. 637 § 5 Exh. A (part), 2001)

To obtain a permit the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:

(a) Give such information as reasonably may be required by the Building Official;

(b) Be accompanied by such plans, specifications, and schedules as may be necessary to determine whether the work as described will be in conformity with the requirements of these Building Regulations.

(Ord. 637 § 5 Exh. A (part), 2001)

Plans and specifications, calculations, and other data shall be submitted with each application for a permit when required by the Building Official for enforcement of any provisions of these Building Regulations. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the State to practice as such.

(a) The Building Official may waive the submission of plans and supplemental information if he finds the nature of the work proposed is such that plan review is not necessary to obtain compliance with these Building Regulations.

(b) Plans and specifications shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of these Building Regulations and all relevant laws, ordinances, rules, and regulations.

(c) Computations, diagrams, schedules, soil reports, geological reports, and other data sufficient to show the correctness and adequacy of the plans shall be submitted when required by the Building Official.

(Ord. 637 § 5 Exh. A (part), 2001)

All work for which a permit is required shall be subject to inspection by the Building Official to assure compliance with this Code.

(a) The owner or person doing work authorized by a permit is responsible for notifying the Building Official, orally or in writing, when said work is ready for inspection. Such notification shall be given at least twenty-four (24) hours before the work is to be inspected.

(b) The inspection shall represent the condition of the property on the day of the inspection, as can reasonably be established by the City given time and staff limitations, and shall not include an assessment of quality or workmanship of the residential building nor the working condition of its plumbing, electrical or mechanical systems.

The inspection of the property shall determine the accuracy of City records and the corrective work needed to meet minimum standards to safeguard life or limb, health, property and public welfare.

Unless a hazard to health and safety exists, construction previously approved under prior permits and inspections will not be required to be brought up to current Building Regulations standards.

Except as otherwise may be indicated, items identified in the inspection report as being in violation of Codes shall be corrected within thirty (30) days of receipt of the report.

The City shall make no determination as to who shall be responsible for payment of corrective work but shall give notice to the "owner of record" regarding code violations.

Permits shall be obtained for all corrective work necessary to bring the building into compliance with the Codes and ordinances. Permit fees, as established by the Council, shall be charged to cover the costs of reinspection of the property.

A report clearance shall be issued upon correction of all violations as noted in the inspection report.

(c) Waiver of Permit. The Building Official may, by administrative order, waive permit requirements for work which is not inimical to the public health, safety or welfare, or which because of its temporary nature or special purpose, does not fall within the purview or intention of these Building Regulations. The Building Official may waive permit requirements for a free-standing fence of six (6) feet or less in height or a retaining wall (not supporting a surcharge load) less than three (3) feet in height. Further, authority to waive permit requirements for minor projects shall extend to, but not be limited to, a child's playhouse or tree house, or a equipment shed or utility building for a residence provided that such structure meets all of the following requirements:

(1) The structure is accessory to a dwelling unit;

(2) It does not exceed one hundred twenty (120) square feet in area nor eight (8) feet in overall height from floor to roof;

(3) The ceiling height as established by door height or plate line does not exceed six (6) feet;

(4) It contains no plumbing or electrical installations;

(5) Its location is not in violation of any planning regulations (especially regulations for front, side, or rear yard setbacks); and

(6) It is separated by more than ten (10) feet from any similar accessory structure and from the dwelling unit.

(d) Permit Issuance—Restrictions. The issuance of permits shall be restricted to those applicants or their authorized representatives who are entitled by the regulations and the exemptions in the State Contractor's License Law and other applicable statutes to perform work regulated by these Building Regulations.

(e) Expiration of Permit—Extensions. Every permit issued by the Building Official under the provisions of these Building Regulations shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within twelve (12) months after the date of issuance of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days (180) days. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half (½) of the amount required for a new permit for such work providing no changes have been made or will be made in the original plan and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one (1) year.

Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may, without requiring payment of an additional permit fee, extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

(f) Suspension or Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of these Building Regulations whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of these Building Regulations or for just cause.

(g) Permits Transferable. Permits required by these Building Regulations may be transferred from the original permittee to second parties when legal requirements have been satisfied, when approved by the Building Official, and when applicable fees have been paid.

(h) Concealed Work. No portion of any building, structure, wiring, plumbing, or equipment which is required to be inspected shall be permanently covered or concealed without approval of the Building Official.

The Building Official shall have authority to remove or require the removal of any obstruction which presents the required inspection of any portion of a building, structure, wiring, plumbing, electrical, or mechanical equipment.

(i) Any employee charged with the enforcement of the provisions of this Chapter, acting in good faith and without malice for the City in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official or employee because of such act or omission performed by him in the enforcement of any provision of this Chapter shall be defended by the City until final termination of such proceedings, any judgment resulting therefrom shall be assumed by the City.

(Ord. 637 § 5 Exh. A (part), 2001)

(Ord. No. 759, § 3 (Exh. A), 12-2-19)

(a) General. Fees for permits and services rendered pursuant to these Building Regulations shall be paid to the Building Official as set forth in schedules established by Resolution of the City Council. The value to be used in computing the 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 equipment.

(b) Civil Penalty Any person, firm or corporation who shall proceed with or commence work for which a permit is required by these Building Regulations without first having obtained such permit shall, if subsequently permitted to obtain a permit therefor, pay double the fee fixed for such work. The original permit fee shall be for issuance of the permit and the balance shall be a civil penalty. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all such cases a permit must be secured as soon as it is practicable to do so, and if there is an unreasonable delay in securing the required permit, the civil penalty as provided herein shall be charged. In no event shall such civil penalty exceed the permit fee plus five hundred ($500.00) dollars. The civil penalty provided in this section shall be in addition to any other fines and remedies prescribed elsewhere in the Code. The payment of such fee and fine shall not relieve any persons from fully complying with the requirements of these Building Regulations in the execution of the work.

(Ord. 637 § 5 Exh. A (part), 2001)

The Building Official shall not authorize the refunding of any fee except upon written application by the original permittee; nor shall he authorize the refunding of any fee for which the total amount paid was twenty-five ($25.00) dollars or less except as specified below.

The Building Official may authorize the refunding of fees in the amounts and under the conditions specified herein.

(a) Permit Fee. Fifty percent (50%) of the permit fee may be refunded provided that no work shall have commenced on the project for which the permit was issued and that the permit is canceled by the owner or holder thereon in writing within sixty (60) days of the date of issuance; and

(b) Plan Checking Fee. Fifty percent (50%) of the plan checking fee may be refunded provided the plans have not been checked or have not caused an expenditure of staff time beyond the preliminary processing time. A subsequent reapplication for plan checking will require the payment of a full plan cheek fee.

(Ord. 637 § 5 Exh. A (part), 2001)

Whenever in these Building Regulations or in any of the uniform codes adopted hereby the following names or terms are used, they shall have the meanings set out herein.

"Apartment house" means all community apartment, condominium, townhouse and similar structures having three or more dwelling units in a single building or connected buildings for the purpose of determining the applicable requirements of this Code.

"Building Official" means the person appointed by the City Manager to administer this Code and the duly authorized deputies, assistants and inspectors.

Except for purposes of administering Chapter 33 of the California Building Code, Excavation and Grading, where the term "Building Official" is used, "Director" means the Director of Public Works.

"Chief Electrical Inspector," "Administrative Authority" and all other terms and designations indicating the person authorized and directed to carry out, enforce, and exercise governmental rights, privileges and duties, unless expressly indicated otherwise, means the Building Official and the duly authorized deputies, assistants, and inspectors.

"Fire Department" means the Ventura County Fire Protection District or the fire service agency having jurisdiction.

"Minor structure" or "minor building" means any structure or building not customarily used by human beings and which is less than one thousand (1,000) square feet in area.

"Use or occupancy." Occupancy is the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is intended to include change of tenants or proprietors. No building or structure in Groups A to R, inclusive, 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 Building Official has issued a Certificate of Occupancy.

(Ord. 637 § 5 Exh. A (part), 2001)