Chapter 8 — GENERAL PROVISIONS FOR CALIFORNIA BUILDING STANDARDS CODE

Section

• 63.0801 General Provisions.
• 63.0802 Substitutions of References.
• 63.0803 Permit Fees.
• 63.0804 Annual Permits.
• 63.0805 Interpretation of Code.
• 63.0806 Water Conservation.
• 63.0807 Penalty for Violation.
• 63.0808 Interpretation, Legal Procedure, and Penalties.
• 63.0809 Findings.
• 63.0810 Validity.

The requirements of this Chapter are general in nature and apply to all the provisions in Division 3 of Title 6 of the San Bernardino County Code. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 4285, passed - -2015)

Whenever in any of the parts of the California Building Standards Code (Title 24 of the California Code of Regulations), as adopted in this division or in any other location, there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows, to wit: BUILDING OFFICIAL, DIRECTOR OF BUILDING AND SAFETY, DIRECTOR OF ARCHITECTURE AND ENGINEERING, BUILDING AND ENGINEERING, ADMINISTRATIVE AUTHORITY. Or any other similar term which makes reference to the individual official, board, department, or agency created by law to administer and enforce the provisions of the codes adopted herein, means the San Bernardino County Building Official and his or her authorized assistants. CITY COUNCIL. The Board of Supervisors of San Bernardino County. CITY OF. Or any other similar reference to a political entity, means the unincorporated territory of the County of San Bernardino. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 3584, passed - -1994; Am. Ord. 3627, passed - -1995; Am. Ord. 4285, passed - -2015)

Any and all references to the amount of fees in any of the parts of the California Building Standards Codes herein adopted are hereby deleted and superceded by the applicable fee in Division 6 of Title 1 of the San Bernardino County Code. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 4285, passed - -2015)

(a) Where any person, firm, or corporation in the course of normal maintenance procedures proposes to install, alter, or repair any electrical wiring, devices, appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching lines, heating, ventilating, refrigeration, or water conservation equipment in an existing facility located on property under the direct control of such person, firm, or corporation and is able to, and does in fact, furnish inspection service which meets the requirements and rules and regulations of the San Bernardino County Code, and whose operations are under the continuous supervision of a qualified person who shall demonstrate competence, to the satisfaction of the Building Official, such person, firm, or corporation shall not be required to obtain approval at each consecutive inspection step of the installation, alteration, or repair but shall be required only to obtain an annual permit or annual permits and assure that the work in progress is accessible to the Building Official for such periodic inspections as he or she may deem necessary. (b) The fee for each separate annual permit (electrical, plumbing, mechanical) shall be based upon the number of employees doing work in the crafts covered in each annual permit in accordance with Division 6 of Title 1 of the San Bernardino County Code. (c) The designated responsible individual shall file with the Building Official a written report specifying the work done under the issued annual permit. Such written report shall be filed with the Building Official within 30 days following the end of the fiscal year for which the permit was issued. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 3627, passed - -1995; Am. Ord. 4285, passed - -2015)

It shall be the duty of the Chief Inspectors, Building and Safety Engineer and/or Regional Building Inspector Supervisors, under the administration of the San Bernardino County Building Official, to enforce the provisions of the codes herein adopted and to determine the intent and meaning thereof. Any determination or decision, made by any of these individuals and concurred in by the Building

Official, which is in dispute is subject to review and final decision by the Board of Appeals as established by § 63.0106. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 3627, passed - -1995; Am. Ord. 4285, passed - -2015)

Stationary equipment or machinery, or water utilized for heating or cooling in an industrial process, shall not be wasted but shall be recirculated and reused. Every evaporative cooler shall be equipped with a circulating pump. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 4285, passed - -2015)

Where work for which a permit is required by the codes herein adopted is started or proceeded without first obtaining the required permit, a permit shall not be issued until all past due enforcement costs are paid. The enforcement costs are the actual costs, as specified in the schedule of fees set forth in Division 6 of Title 1 of the San Bernardino County Code, and must be paid on demand. The Building Official may use any legal means available to collect enforcement fees. The payment of such enforcement fees shall not relieve any persons from fully complying with the requirements of these codes in the execution of the work nor from any other penalties prescribed herein. Any provision in any of the codes herein adopted which is in conflict with this Section is hereby superseded by this Section. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 4285, passed - -2015)

(a) Interpretation. In interpreting and applying the provisions of this Division, said provisions shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare. (b) Penalties. Any building or structure erected or maintained, or any use of property contrary to the provisions of this Division, shall be and the same is hereby declared to be unlawful and a public nuisance and the San Bernardino County Counsel may, upon request of the Building Official, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of this Division. (1) All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, nor prevent the enforced correction or removal thereof. (2) All other provisions of the San Bernardino County Code notwithstanding, any person, firm, or corporation, whether as principal, agent, or employee, violating or causing or permitting the violation of any of the provisions of this Division, or of any permit or exception granted hereunder, shall be guilty of an infraction or misdemeanor as hereinafter specified, and each day such violation is in existence shall constitute a new and separate offense. Any person so convicted shall be: (A) Guilty of an infraction offense and punished by a fine not exceeding $100.00 and not less than $50.00 for a first violation; (B) Guilty of an infraction offense and punished by a fine not exceeding $200.00 and not less than $100.00 for a second violation. (C) The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 and not less than $500.00 or six months in jail, or both. Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein provided shall not relieve a person, firm, corporation, or other entity from the responsibility of correcting the condition, resulting from the violation. In addition to the above penalties the court may order that the guilty party reimburse the County of San Bernardino for all of its costs of investigating, analysis and prosecuting the enforcement action against the guilty party; the court shall fix the amount of any such reimbursements upon submission of proof of such costs by the County. (3) Each such person, firm, or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of this Division is committed, continued, permitted, or maintained by such person, firm, or corporation. (4) A notice of pendency of administrative action or proceeding may be filed in the Office of the San Bernardino County Recorder at the time of commencement of action or proceeding or at any time before final judgment or order. The County Recorder shall record and index the pendency of action in the name of each person specified in the action or proceedings. After all required work has been completed and approved, the Building Official shall record in the Office of the County Recorder a document terminating the above notice. (5) In the event that any person, firm, or corporation shall fail, neglect, or refuse to demolish, remove, abate, or correct a structure or condition existing in violation of this Division, upon his or her or its property after a civil court order or criminal conviction obtained pursuant to this Section, the Board of Supervisors may order the Building Official to demolish, remove, abate, or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the San Bernardino County Board of Supervisors who shall cause the same to be paid and levied as a special assessment against the property. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 4285, passed - -2015)

The Board of Supervisors of the County of San Bernardino finds that these regulations and provisions and those of the codes adopted herein are in compliance with Health and Safety Code §§ 17958, 17958.5, and 17958.7, and that any modification and changes herein made to the model codes herein adopted are reasonably necessary because of local climatic, geological or topographical conditions. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 4285, passed - -2015)

If any chapter, section, subdivision, sentence, clause or phrase of the Division is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Division nor its application to other persons or circumstances. The San Bernardino County Board of Supervisors hereby declares that it would have passed this Division and each chapter, section, subdivision, clause, sentence or phrase thereof, irrespective of the fact that any one or more section, subdivision, clause, sentence and phrase be declared unconstitutional. (Am. Ord. 2159, passed - -1977; Am. Ord. 2473, passed - -1980; Am. Ord. 2815, passed - -1983; Am. Ord. 3130, passed - -1987; Am. Ord. 4285, passed - -2015) CHAPTER 9: (Repealed by Ord. 4130, passed - -2010) (Repealed by Ord. 4130, passed - -2010) CHAPTER 10: (Repealed by Ord. 4130, passed - -2010) (Repealed by Ord. 4130, passed - -2010)