§ 9-04

This Chapter is adopted in accordance with the provisions of Health and Safety Code Section 17958.2 and Article 8, Subchapter I, Chapter I, Division 1, of Title 25, California Code of Regulations.

(Ord. No. 21-01, § II, 2-2-2021)

A.

Purpose.

The purpose of this Chapter is to make Article 8 (commencing with Section 74) of Subchapter I of Chapter 1 of Division I of Title 25 of the California Code of Regulations, as modified herein, operative on Limited Density Owner- Built Rural Dwellings in Siskiyou County (as defined in Section 9-04.040, "Definitions" herein), and to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of such dwellings and Appurtenant Structures.

It is also the expressed purpose of this Chapter to conform the regulations regarding the construction and use of such dwellings and Appurtenant Structures to the requirements of Article 1, Section 1 of the California State Constitution, and the statutes of the State of California.

It is also the purpose of this Chapter to support the use of alternative construction design, materials and methods that protect the environment, improve economic viability of sustainable construction, aid affordability of construction improvements, increase participation and consumer protection through promoting lawful construction activity, enhance owner equity in the improvement of property, and provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general

public and the owners and occupants of Limited Density Owner-Built Rural Dwellings and Appurtenant Structures.

B.

Findings. It is necessary to modify said Article 8 and to make its provisions, as modified, operative because of the following local conditions:

Wildfires within Siskiyou County result in the loss of numerous dwellings and outbuildings in the Rural areas. Many of these structures are uninsured or underinsured. The replacement of homes and restoration of the communities impacted by wildfires places an unprecedented financial burden upon the populations of these rural areas. This ordinance will facilitate the availability of affordable, Owner-Built homes, which are essential to the continued health and welfare of the residents of these Rural communities.

Residents within the Wildfire Impact Areas are without homes, structures or buildings to provide them regular shelter and are without means of safe accommodation upon their property. The residents have an urgent need to start reconstruction of their homes in order to provide a safe and maintainable living space.

The ability to use owner-generated materials, such as lumber milled from harvested timber, creates an affordable option for building materials not available under current California Building Codes.

Citizens within the Rural areas of unincorporated Siskiyou County impacted by wildfires have expressed a desire to legalize the construction of Limited Density Owner-Built Rural Dwellings in compliance with this Chapter, and have emphasized the values of affordability, sustainability, self-sufficiency, creativity, and character of the Rural communities.

The vast majority of unincorporated Siskiyou County impacted by wildfires is very remote, and utility services are cost prohibitive and difficult, if not impossible, to obtain. The lack of readily available public water, sewer or utility power connections exclude participation in the normal permit process and create an unreasonable burden to the property owner to comply with the prescriptive building and development requirements of the current California Building Standards Code (Title 24 of the California Code of Regulations).

The primary fire threat in Rural areas is from wildfires, which cut power and make passive fire control measures, such as sprinklers, that depend on electrical power to be of little use, though they add significant cost to construction that might better be spent on wildland-urban interface measures, which are herein required. Further, the State Fire Marshall, in Information Bulletin 16-001 states that "the final decision

to require the installation of fire sprinklers in one- and two-family dwellings rebuilt (after a disaster) is determined by the local building and fire officials."

Most rural areas receive minimal sunlight in the winter and are often surrounded by wooded and hilly terrain that makes photovoltaic energy generation difficult and not cost-efficient for re-construction of homes lost to disaster.

The requirements designed to bring about energy efficiencies required in the most recent Building Codes add significant expense to reconstruction, without increasing health or safety, and greatly increase the financial burden of those whose homes are lost in the Wildfire Impact Areas, especially those who are under-insured or non-insured.

Almost the entirety of rural areas is zoned "rural residential", with a combined "B District" of one-acre or greater sized parcels, resulting in a low-density, rural area.

(Ord. No. 21-01, § II, 2-2-2021; Ord. No. 23-02, § II, 3-21-2023)

The provisions of this Chapter shall apply to the reconstruction, enlargement, conversion, alteration, repair, use, maintenance, and occupancy of Limited Density Owner-Built Rural Dwellings, Assessor Dwelling Units (ADU), and Appurtenant Structures within Fire Impacted Areas lost to wildfires, It is the intent of this Chapter that the requirements contained herein shall apply to seasonally or permanently occupied dwellings, detached bedrooms, ADU's, and guest houses, located in the rural areas designated herein and solely occupied as the principal residence of the owner or the owner's family. The requirements will also apply to barns, sheds, shops, or other Appurtenant Structures, not intended for human habitation, to be constructed and used solely by the owner of the property, or by the owner's family.

(Ord. No. 21-01, § II, 2-2-2021; Ord. No. 23-02, § II, 3-21-2023)

For the purposes of this Chapter only the following definitions shall apply:

A.

Limited Density Owner-Built Rural Dwelling: Any structure consisting of one or more habitable rooms intended or designed to be occupied by one family with facilities for living and sleeping, with use restricted to Rural areas that fulfill the requirements of this Chapter.

B.

Owner-Built: Construction that meets the following requirements:

Construction that is not intended for sale, lease, rent, or employee occupancy; and

Construction that is either:

a.

By a general contractor, licensed to practice in the State of California who contracts directly with the person or persons owning the property at the time construction is commenced for occupancy as the principal residence of that person or persons owning the property, or

b.

By any person or family who acts as the general contractor for, or the provider of, part or all of the labor necessary to build housing to be occupied as the principal residence of that person or family.

C.

Rural: "Rural" refers to parcels in the County that meet all of the following criteria: -

Located within unincorporated Siskiyou County.

Located within an area not zoned "commercial", "industrial", "Timber Production Zone" (TPZ), "open space", or "floodplain combining district."

A parcel with a sewer connection or of sufficient size and configuration to fulfill the sewage-disposal- system-setbacks to all property lines and all other setbacks established by law.

D.

Appurtenant Structures: Structures directly related to the primary residential use, including but not limited to detached bedrooms or hobby rooms used as living space, garages, or pump houses. Appurtenant Structures also include, but are not limited to, shops, barns, or sheds, including those considered accessory to the zone.

E.

Sub-Standard Building: A structure or portion of a structure in which there exists any condition that endangers the life, health, property, safety, or welfare of the public or the occupants thereof. Except as amended by the provisions of this Chapter and except as otherwise preempted by statute, the 2007 edition of the California Building Standards Code, Title 24, California Code of Regulations with the 2008

amendments, shall be the determining criteria for compliance with the standards of this Chapter and the defining of a substandard building.

F.

Sound Structural Condition: A structure shall be considered to be in "sound structural condition" when all portions of the structure are adequately constructed to resist expected gravity and lateral forces from wind and seismic forces. Building plans must provide sufficient detail to determine how gravity and lateral forces are distributed vertically and horizontally from their points of origin to the load resisting elements. Portions of the structures that are irregular in shape, complex design, or incorporate unusual building materials or practices may require design by a California registered design professional at the discretion of the Building Official.

G.

Unreasonable Hardship: Unreasonable hardship exists when the Building Official finds that compliance with the requirement for a minimum of three (3) years of owner occupancy is unfeasible, due to circumstances forcing the sale or rental of the property, including but not limited to the death, divorce, loss of employment or income, or disability of the owner, supported by sufficient information provided by the applicant.

H.

Building Official: The person identified as the Building Official pursuant to Title 9 - Building Regulations, Siskiyou County Building Code.

I.

Wildfire Impact Area: Those Rural areas of Siskiyou County included within an area about which a local declared emergency due to a wildfire has been declared and ratified by the Board of Supervisors within the past four (4) years.

(Ord. No. 21-01, § II, 2-2-2021; Ord. No. 23-02, § II, 3-21-2023)

A.

Housing permitted pursuant to this Chapter shall be for occupancy as the principal residence of the owner or the owner's family and not for sale, lease, rent, or employee occupancy.

B.

For the purposes of this Chapter the sale, lease, renting or employee occupancy of Owner-Built structures within three (3) years of the issuance of a certificate of occupancy shall be presumptive evidence that the structure was reconstructed following destruction by a wildfire for the purpose of sale, lease, renting, or employee housing and therefore does not qualify as Owner-Built. The three-year period of required owner occupancy may be waived by Siskiyou County Building Official in cases of Unreasonable Hardship, but in all instances Owner-Built structures are subject to a one-year owner occupancy requirement pursuant to 25 CCR 78.

C.

Accessory dwelling units (ADU) in conformance with Siskiyou County Code and Section 65852.2 of the California Government Code using a Limited Density Owner-Built Rural Dwelling permit shall be allowed for a family member using the same criteria as the primary dwelling.

(Ord. No. 21-01, § II, 2-2-2021; Ord. No. 23-02, § II, 3-21-2023)

A.

Every violation of the regulatory or prohibitory provisions of this Chapter and all structures or portions thereof which are determined by the Building Official to constitute a Sub-Standard Building are hereby declared to be a public nuisance and may be abated in accordance with Title 1 of the Siskiyou County Code and by any other means available by law.

B.

The critical concern in the promulgation of this Chapter is to provide for health and safety while maintaining respect for the law and voluntary compliance with the provisions of this Chapter, and therefore, in the event that an order to correct a substandard condition is ignored, it is the intent of this section that administrative or civil abatement procedures should be the first remedy pursued by the Building Official. Notwithstanding the foregoing, this section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Siskiyou County Code.

(Ord. No. 21-01, § II, 2-2-2021; Ord. No. 23-02, § II, 3-21-2023)

Any Limited Density Owner-Built Rural Dwelling permit applicant or owner may petition the Building Official for an interpretation of any provision of this Chapter. Petitions shall be submitted in writing, after which the Building Official may consider such requests and may make a determination as to the meaning or intent of any provision of this Chapter with respect to the petition in question. The consideration of petitions for interpretation shall be discretionary with the Building Official.

(Ord. No. 21-01, § II, 2-2-2021)

Interpretations by the Building Official as to the meaning, intent, or application of the provisions of this Chapter are not intended to preempt the exercising of building appeals processes, as provided in this Title, but are intended to facilitate public understanding and the effective enforcement of this Chapter.

(Ord. No. 21-01, § II, 2-2-2021)

The Community Development Department shall keep a record of all interpretations made by the Building Official which shall be available for review by the public or any governmental agency and shall provide

notice to the petitioner(s) of the Building Official's findings.

(Ord. No. 21-01, § II, 2-2-2021)

A.

No provision of this Chapter is intended to prohibit or limit the County from establishing and enforcing reasonable regulations for the recording of information regarding the materials, methods of construction, alternative facilities, or other factors that may be of value in the full disclosure of the nature of the dwelling and Appurtenant Structures. A deed restriction disclosing the nature of the dwellings and Appurtenant Structures shall be recorded.

B.

The Community Development Department shall record a "Notice of Limited Allowed Use" This notice shall disclose:

The nature of the dwelling and Appurtenant Structures, and that the structures) have been permitted under this Chapter, entitled "Regulations for Limited Density Owner-Built Rural Dwellings," of this title, entitled "Buildings and Construction," adopted under the authorization of Health and Safety Code section 17958.2, and not under Title 24, California Code of Regulations.

That the dwelling may not be sold, leased, rented, or employee-occupied for a period of three (3) years following issuance of a certificate of occupancy, except in cases of Unreasonable Hardship as determined by the Siskiyou County Building Official.

(Ord. No. 21-01, § II, 2-2-2021; Ord. No. 23-02, § II, 3-21-2023)

Permits shall be required for the reconstruction of Limited Density Owner-Built Rural Dwellings and Appurtenant Structures. The application, plans, and other data filed by an applicant for such a permit shall clearly state that it is for a Title 25 Limited Density Owner-Built Rural Dwelling structure and shall be reviewed by the Planning Division of the Community Development Department, to verify compliance with the provisions of this Chapter. When the Building Official determines that the permit application and other data indicate that the structure(s) will comply with the provisions of this Chapter, the Building Official shall issue a permit therefor to the applicant.

(Ord. No. 21-01, § II, 2-2-2021; Ord. No. 23-02, § II, 3-21-2023)

Permits shall not be required pursuant to Section 9-04.100 for small or unimportant work, or alterations or repairs that do not present a health or safety hazard, and which are in conformance with County zoning

requirements or property standards. The determination, if any, of what work is properly classified as small or unimportant or without relation to health and safety hazards is to be made by the Building Official. Examples of work exempt from permits include, but are not limited to, the exemptions listed in the 2007 edition of the California Residential Code (with 2008 amendments).

(Ord. No. 21-01, § II, 2-2-2021)

A.

A building permit shall be obtained pursuant to the provisions of this article for a Limited Density Owner- Built Rural Dwelling that was constructed or was partially constructed, without a building permit.

B.

The applicant must be the owner of the dwelling or structure at the time of application and issuance of the permit.

C.

The dwelling or structure shall meet all standards required by this Chapter.

D.

An inspection of the dwelling shall be made by the Building Official to determine that the requirements of this Chapter have been substantially met to the extent that no abnormal risk to health or safety will result from occupancy of the structure.

(Ord. No. 21-01, § II, 2-2-2021)

To obtain a permit, the applicant shall first file an application therefor with the Building Department Division. Permit applications shall contain the following information:

Name and mailing address of the applicant.

Address, assessor's parcel number, and location of the proposed structure(s).

A general description of the structure(s) which shall include mechanical installations with all clearances and venting procedures detailed, electrical installations, plumbing fixtures, foundation, structural, and construction details.

A site plan indicating the location of the dwelling in relation to property lines, other structures, sanitation and bathing facilities, water resources and water ways, slope of site, and major land features.

Approval for the installation of a private sewage disposal system or alternate waste disposal means from the Environmental Health Division of the Community Development Department.

A stipulation by the applicant that the building or structure is to be Owner-Built.

The signature of the owner, contractor, or authorized agent.

The use or occupancy for which the work is intended; and

Any other data or information as may be required by statute or Siskiyou County regulation.

(Ord. No. 21-01, § II, 2-2-2021; Ord. No. 23-02, § II, 3-21-2023)

Plans shall consist of a general description of the structure(s), including all necessary information to facilitate a reasonable judgment of conformance by the Building Official. This shall include a diagram of the floor plan and site elevation in order to determine the appropriate dimensions of structural members. Architectural drawings and structural analyses shall not be required. For structures of complex design or unusual conditions for which the Building Official cannot make a reasonable judgment of conformance to this Chapter based upon the general description and simplified plan(s), the Building Official may require additional supporting information sufficient to make a judgment as to the integrity of the design.

(Ord. No. 21-01, § II, 2-2-2021)

The Building Official may waive the submission of any plans if he or she finds that the nature of the work applied for is such that the reviewing of plans is not necessary to obtain compliance with this Chapter.

(Ord. No. 21-01, § II, 2-2-2021)

Modifications to the design, materials, and methods of construction are permitted, provided that the structural integrity of the building or structure is maintained, the building continues to conform to the provisions of this Chapter, and the Building Official is notified in writing of the intended modification.

(Ord. No. 21-01, § II, 2-2-2021)

Permits shall be issued in accordance with Title 9, Building Regulations, Siskiyou County Building Code,