Simi Valley Municipal Code Ch. 1 Administrative Provisions

This Title shall be known as the Simi Valley Building Code, may be cited as such and hereinafter referred to herein as "this Code."

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

The purpose of this Code is to establish minimum standards to safeguard the public health, safety and general welfare by regulating and controlling the design, construction, quality of materials, use and occupancy and location of all buildings and structures within the City and certain equipment specifically regulated herein.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

The provisions of this Code shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the City.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

This Code is adopted pursuant to the authority granted by Section 7 of Article XI of the California State Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to adoption of codes by reference.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit or suffer the same to be done, in violation of this Title or in violation of any of the provisions of the Codes adopted hereunder including the California Building Code, the California Residential Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Existing Building Code, California Energy Code, California Historical Code, the California Green Building Standards Code, the International Property Maintenance Code, and any regulation as adopted by this Code.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

There is hereby contained with the City of Simi Valley government structure the Division of Building and Safety which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint deputies and other related technical officers and inspectors and other employees as may be authorized by the City Council from time to time.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

(a) General.

(1) The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and the Technical Codes, excepting that the provisions of Chapter 9 of Building Code shall be enforced jointly with the Fire Marshal of the Ventura County Fire Protection District. For such purposes, the Building Official and the Fire Marshal, respectively, and their respective authorized representatives, shall each have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules supplemental to this Code as may be deemed necessary in order to clarify the applications and the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Code.

(2) The Building Official shall have all of the following powers:

(i) The authority granted to the "Building Official" by this Title and the CBC.

(ii) The authority granted to the "Administrative Authority" by this Title, the CPC and CMC.

(iii) The authority required to enforce the California Electrical Code (CEC).

(b) Interpretations and policies. The Building Official shall have the power and authority to render interpretations of this Title and the Technical Codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in conformance with the intent and purpose of this Title.

(c) Right of entry.

(1) The Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this Title:

(i) When necessary to make an inspection to enforce any of the provisions of this Title and the technical codes; or

(ii) When the Building Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this Title which makes the building or premises unsafe, dangerous or hazardous.

(2) The Building Official shall adhere to the following procedures in making an entry:

(i) If such building or premises be occupied, the Building Official shall present credentials to the occupant and request entry.

(ii) If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(iii) Should entry be refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Notwithstanding the foregoing, if the Building Official has reasonable cause to believe that there exists an unsafe, substandard or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection.

(d) Stop work orders. When work is being done contrary to the provisions of this Title, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this Title, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work.

(e) Occupancy violations. When a building or structure or building service equipment therein regulated by this Title and the technical codes is being used contrary to the provisions of such codes, the Building Official may order such use discontinued by written 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 to make the structure, or portion thereof, comply with the requirements of such codes.

(f) Authority to disconnect utilities. The Building Official or the Building Official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this Title or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

(g) Authority to condemn building service equipment.

(1) When the Building Official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the Building Official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate.

(2) The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice.

(3) When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within twenty-four (24) hours to the serving utility, the owner and occupant of such building, structure or premises.

(4) When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this Title, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation.

(h) Connection after order to disconnect. No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment.

(i) Custodian of records. The Building Official shall be the custodian of records for the Division of Building and Safety and as such, is charged with the responsibility to keep and maintain a permanent record of all building permits issued by the Division as well as plans and other pertinent documents and transactions. Such records and documents may be maintained in electronic image, electronic file, paper, or other approved archival method.

(j) Liability. It is the intent of this Code to establish minimum standards for the protection of the health, safety and welfare of the public. This Code shall not be construed to establish standards of performance, strength or durability other than those specified. This Code, nor any of the services rendered in connection with its terms by City Officers, inspectors, agents or employees is intended, nor shall be construed as the basis, for any expressed or implied warranties or guarantees to any person relative to, or concerning any structure or part, portion of appurtenances thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced or removed pursuant to this Code or any permits granted hereunder. No cause of action shall arise in favor of any person against the City of Simi Valley, or any of its officers, inspectors, agents, or employees because any structure or portion thereof, erected, altered, enlarged, repaired, moved, replaced, or removed or any appurtenance, system, wiring, plumbing, mechanical equipment, devices, or appliances installed, maintained, repaired or replaced hereunder do not meet the standards prescribed herein. The Building Official, deputies, inspectors, technical officers and employees, charged with the enforcement of this Code and the technical codes, acting in good faith and without malice in the discharge of their duties shall thereby, not be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, deputy, technical officer, inspector or employee because of such an act or omission performed by the Building Official, deputy, technical officer, inspector or employee in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the jurisdiction.

(k) Conflicting provisions.

(1) When conflicting provisions or requirements occur between this Title, the technical codes and other codes or laws, the most restrictive shall govern.

(2) When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. Where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern.

(3) Where in a specific case different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(4) Where the extent of the reference to a referenced code or standard includes the subject matter that is within the scope of this Code or the California Codes adopted in this Title, the provisions of this Code or the California Codes adopted in this Title, as applicable, shall take precedence over the provisions in the referenced code or standard.

(l) Alternate materials, design and methods of construction.

(1) The provisions of the technical codes are not intended to prevent the use of any material, method of design or method of construction not specifically prescribed by the technical codes, provided an alternate has been approved and its use authorized by the Building Official.

(2) The Building Official may approve an alternate, provided the Building Official finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

(3) The Building Official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use.

(4) The details of an action granting approval of an alternate shall be recorded and entered in the records.

(5) The Building Official may require the applicant to arrange for the proposed alternate materials, methods of design and methods of construction be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense.

(m) Modifications.

(1) Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official may grant modifications for individual cases.

(2) The Building Official shall first find that:

(i) A special individual reason makes the strict letter of the technical code impractical;

(ii) The modification is in conformity with the intent and purpose of the technical code; and

(iii) Such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity.

(3) The details of actions granting modifications shall be recorded and entered in the records.

(4) The Building Official may require the applicant to arrange for the proposed modification to be reviewed by an outside agency designated by the Building Official at the applicant's expense.

(n) Tests and research reports.

(1) Whenever there is insufficient evidence for determining compliance with the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the Building Official may require tests as evidence of compliance to be made at the applicant's expense.

(2) Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall determine test procedures.

(3) Tests shall be made by an approved agency.

(4) Reports of such tests shall be entered in the records.

(5) The Building Official may require the applicant to arrange for the test procedures, methodology, results, reports, etc. to be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

The provisions of this Code shall not be construed to conflict with the provisions of the State Housing Law, nor any other provisions of State or Federal laws. Any requirements of this Code or the codes adopted hereby, which are more restrictive, shall apply.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

(a) General.

(1) In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training and who are not employees of the jurisdiction, to pass upon matters pertaining to the application or installation of building, electrical, plumbing and mechanical systems, components and equipment. The Building Official or his designee shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Appeals shall have no authority relative to interpretations of the administrative provisions of this Code. The Board shall have no authority to waive requirements of this Code.

(2) An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the Building Official may file an appeal with the Board of Appeals.

(3) An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed.

(b) Notice of appeal.

(1) A request for appeal may be taken only by filing a written notice of appeal with the Secretary of the Board no later than the fifteenth (15th) day after the date the Building Official makes a written determination accepting, denying or modifying a proposed design solution regarding Building Code and/or disabled access requirements.

(2) Each notice of appeal shall include:

(i) A description of the work or improvements proposed to be made or done;

(ii) A description of the proposed location of the work or improvements;

(iii) The reasons, in detail, why:

(aa) The decision of the Building Official should not be sustained; and

(ab) The relief requested for should be granted.

(c) Request for Ratification.

(1) For purposes of this Chapter, "Request for Ratification" means a written request by the Building Official that the Board approve a proposed solution based upon a finding of "unreasonable hardship" as that term is used in Title 24 of the California Code of Regulations.

(2) The Board must have approved a Request for Ratification, prior to the approval of plans or issuance of a permit which requires a finding of unreasonable hardship.

(3) The Building Official shall place any Request for Ratification of a determination of unreasonable hardship on the Board's Agenda in accordance with these provisions.

(d) Filing fee. No notice of appeal or request for ratification shall be accepted by the Secretary of the Board unless the appellant shall have first paid a filing fee as set forth in the Schedule of Service Charges established by resolution of the City Council.

(e) Hearings.

(1) The Building Official shall place all matters for hearing on the Board's Agenda no later than ten (10) days prior to the meeting date on which the matter is set to be heard.

(2) All requests for ratification and for appeal shall be in writing and shall contain sufficient information to allow the Board to make a determination on the request.

(3) An appeal shall be heard at the next regular meeting of the Board which is held not more than seventy-five (75) days after the notice of appeal is filed.

(4) At such meeting, or at such later time as the matter may be continued by the Board, the appellant and the Building Official or any of his or her authorized representatives, shall be given a reasonable opportunity to be heard on the matter and to present relevant evidence.

(f) Decisions.

(1) The Board shall not render any decision allowing a proposed design solution unless, after the hearing, it finds on the basis of substantial evidence that:

(i) The proposed design is satisfactory and complies with the intent of this Chapter; and

(ii) The proposed design meets the requirements of Title 24.

(2) Board decisions overruling the Building Official's decisions shall require four (4) votes.

(3) Board decisions ratifying the Building Official's requests for ratification shall require three (3) votes.

(4) Should the Board render a decision contrary to that of the Building Official, then the decision of Board shall be deemed the decision of the Building Official.

(g) Findings and order.

(1) Within thirty (30) days following the conclusion of the hearing, the Board shall make written findings of fact, based upon the evidence received at the hearing to support its decision and shall issue an order affirming, modifying, or overruling the determination or order of the Building Official under appeal.

(2) The decision of the Board shall be final and conclusive.

(3) The findings and order of the Board shall include the following notice:

(h) Notice to parties.

(1) The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094.6.

(2) The findings and order of the Board shall either be personally delivered or mailed to the appellant within thirty (30) days following the conclusion of the hearing

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)

If any section, subsection, sentence, clause or phrase of this Code or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code or the application of such provision to other persons or circumstances.

(§ 2 (Exh. A), Ord. No. 1346, eff. January 5, 2023)