Sonora Municipal Code § 15.10 Building Permits

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any installation which is regulated by this code, or to cause any such work to be done, shall first make application to the building safety division and obtain the required permit.

(Adopted by Ord. 825 on 3/2/2015)

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other local, state, or federal law.

A permit shall not be required for the following:

A. One-story, detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed one hundred twenty square feet (11.15 m 2 ).

B. Fences not over seven feet (2,134 mm) high.

C. Oil derricks.

D. Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

E. Water tanks supported directly on grade if the capacity does not exceed five thousand gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2:1.

F. Sidewalks and driveways not more than thirty inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

G. Prefabricated swimming pools that are less than twenty-four inches (610 mm) deep.

H. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

I. Temporary motion picture, television and theater stage sets, and scenery.

J. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

K. Swings and other playground equipment accessory to detached one- and two- family dwellings.

L. Window awnings supported by an exterior wall that do not project more than fifty-four inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies.

M. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over five (5) feet nine inches (1,753 mm) in height.

N. One- and two-family residential decks not exceeding two hundred square feet (18.58 m 2 ) in area, that are not more than thirty inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4 of the California Residential Code.

O. Grading of fifty cubic yards or less.

(Adopted by Ord. 825 on 3/2/2015)

A permit shall not be required for the following:

A. Portable heating appliance.

B. Portable ventilation equipment.

C. Portable cooling unit.

D. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code.

E. Replacement of any part that does not alter its approval or make it unsafe.

F. Portable evaporative cooler.

G. Self-contained refrigeration system containing ten pounds (5 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.

(Adopted by Ord. 825 on 3/2/2015)

A permit shall not be required for the following:

A. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code.

B. Repair or replacement of fixed motors, transformers, or fixed approved appliances of the same type and rating in the same location.

C. Temporary decorative lighting not to exceed ninety days.

D. Repair or replacement of current-carrying parts of any switch, contractor, or control device.

E. Reinstallation of attachment plug receptacles, but not the outlets therefore.

F. Repair or replacement of an over current device of the required capacity in the same location.

G. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube system.

H. Removal of electrical wiring.

I. Temporary wiring for experimental purposes in suitable experimental laboratories not to exceed ninety days.

J. The wiring for temporary theater, motion picture, or television stage sets.

K. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy.

L. Low-energy power, control, and signal circuits of Classes II and III as defined in this code.

M. A permit shall not be required for the installation, alteration, or repair of electrical wiring, apparatus, or equipment, or the generation, transmission, distribution, or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

N. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

(Adopted by Ord. 825 on 3/2/2015)

The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

(Adopted by Ord. 825 on 3/2/2015)

A permit shall not be required for the following:

A. Portable heating appliance.

B. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

(Adopted by Ord. 825 on 3/2/2015)

A permit shall not be required for the following:

A. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

B. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

(Adopted by Ord. 825 on 3/2/2015)

Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted and the permit obtained within the next business day.

(Adopted by Ord. 825 on 3/2/2015)

Repairs to structures or other work affecting public health or general safety shall require application to the building official and permit obtained.

(Adopted by Ord. 825 on 3/2/2015)

A permit shall not be required for the installation, alteration, or repair of generation, transmission, distribution, or metering or other related equipment that is under the ownership and control of public service agencies by established right.

(Adopted by Ord. 825 on 3/2/2015)

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building safety division for that purpose. Such application shall:

A. Identify and describe the work to be covered by the permit for which application is made.

B. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work.

C. Indicate the use and occupancy for which the proposed work is intended.

D. Be accompanied by construction documents and other information as required in Section 15.10.120 of this code.

E. State the valuation of the proposed work.

F. Be signed by the applicant or the applicant's authorized agent.

G. Give such other data and information as required by the building safety division.

(Adopted by Ord. 825 on 3/2/2015)

The building official and/or city building inspector shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official and/or city building inspector is/are satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official and/or city building inspector shall issue a permit therefore as soon as practicable.

(Adopted by Ord. 825 on 3/2/2015)

Applications for which a permit has not been issued within one hundred eighty calendar days following the date of application submission shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building safety division. The building official and/or city building inspector may extend the time for request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken on the application. This request must be in writing to the building official and/or city building inspector prior to expiration of the application. No application shall be extended more than once. No extension shall exceed one hundred eighty calendar days. In order to renew action on the application after expiration, the applicant shall resubmit plans and pay a new plan checking fee.

(Adopted by Ord. 825 on 3/2/2015)

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other local, state, or federal law. Permits presuming to give authority to violate or cancel the provisions of this code or other local, state, or federal law shall not be valid.

The issuance of a permit based on construction documents and other data shall not prevent the building official and/or city building inspector from requiring the correction of errors in the construction documents and other data. The building official and/or city building inspector is/are also authorized to prevent occupancy or use of a structure where in violation of this code or of any other local, state, or federal law.

(Adopted by Ord. 825 on 3/2/2015)

Every permit issued by the building official and/or city building inspector under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve months from the date of issuance of said permit, or if such building or work authorized by such permit is abandoned at any time after the work has commenced, or if the building or work authorized by such permit is not completed seven hundred thirty calendar days from the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Additional fees may be charged to recoup any city costs associated with reviewing the new application and plans for a new permit.

Any permittee holding an unexpired permit may apply for an extension of time within which he or she may commence or continue the work under that permit when he or she is unable to commence or continue work within the time required by this section for good and satisfactory reasons. The building official and/or city building inspector may extend the time for action by the permittee for periods not exceeding one hundred eighty calendar days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Additional fees may be charged to recoup and city costs associated with reviewing the extension request.

(Adopted by Ord. 825 on 3/2/2015; Amended by Ord. 853 on 5/20/2019)

The building official and/or city building inspector is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code, or other local, state, or federal law.

(Adopted by Ord. 825 on 3/2/2015)

Construction documents, including but not limited to, plans and other required submittals, statement of special inspections, and other data, shall be submitted with each permit application. The required number of sets to be submitted shall be set forth by the building official and/or city building inspector. The construction documents shall be prepared by a registered design professional. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

(Adopted by Ord. 825 on 3/2/2015)

The building official and/or city building inspector is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

(Adopted by Ord. 825 on 3/2/2015)

Construction documents shall be dimensioned and drawn upon suitable material and to an acceptable scale. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official and/or city building inspector.

(Adopted by Ord. 825 on 3/2/2015)

Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code, the City of Sonora Fire Code, and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in the California Building and Fire Codes.

(Adopted by Ord. 825 on 3/2/2015)

The construction documents shall show in sufficient detail the location, construction, size, and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor and in all rooms and spaces.

(Adopted by Ord. 825 on 3/2/2015)

Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

(Adopted by Ord. 825 on 3/2/2015)

The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official and/or city building inspector is/are authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

(Adopted by Ord. 825 on 3/2/2015)

The building official and/or city building inspector shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

(Adopted by Ord. 825 on 3/2/2015)

When the building official and/or city building inspector issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official and/or city building inspector. The other set shall be returned to the applicant, shall be kept at the site of work, and shall be open to inspection by the building official and/or city building inspector.

(Adopted by Ord. 825 on 3/2/2015)

This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within one hundred eighty calendar days after the effective date of this code and has not been abandoned.

(Adopted by Ord. 825 on 3/2/2015)

The building official and/or city building inspector is authorized to issue a permit for the construction of any part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the part(s) of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

(Adopted by Ord. 825 on 3/2/2015)

When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building safety division shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased submittal items, if permitted, for compatibility with the design of the building.

Where structural observation is required by Section 1709 of the California Building Code, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1704 of the California Building Code).

(Adopted by Ord. 825 on 3/2/2015)

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

(Adopted by Ord. 825 on 3/2/2015)

Fees shall be assessed in accordance with the provisions of this chapter or shall be set forth in a fee schedule adopted from time to time by resolution of the city council of the City of Sonora.

(Adopted by Ord. 825 on 3/2/2015)

A fee for each permit shall be paid to the building safety division as set forth in a fee schedule as adopted from time to time by resolution of the city council of the City of Sonora.

The determination of value or valuation under any of the provisions of this code shall be made by the building official and/or city building inspector. The valuation to be used in computing the permit and plan check fee shall be the total value of all construction work for which the permit is issued as well as all furnished work, roofing, electrical, plumbing, heating, air conditioning systems, and any other permanent work or permanent equipment.

(Adopted by Ord. 825 on 3/2/2015)

Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee as adopted from time to time by resolution of the city council of the City of Sonora.

(Adopted by Ord. 825 on 3/2/2015)

A. The following words and phrases as used in this section are defined as follows:

1. "Electronic submittal" means the utilization of one or more of the following:

a. e-mail;

b. the internet;

c. facsimile.

2. "Small residential rooftop solar energy system" means all of the following:

a. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

b. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

c. A solar energy system that is installed on a single or duplex family dwelling.

d. A solar panel or module array that does not exceed the maximum legal building height as defined by Title 17 of the Sonora Municipal Code.

3. "Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

4. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

5. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, conditions, or mitigation imposed by the city on a similarly situated application in a prior successful application for a permit. The city shall use its best effort to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code.

B. The city building official and/or city building inspector shall develop, adopt and maintain a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The checklist shall be published on the city's internet website.

C. The applicant may submit the permit application and associated documentation to the city's community development department by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

D. Prior to submitting an application, the applicant shall:

1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

E. An application that satisfies the information requirements in the checklist, as determined by the city building official and/or city building inspector, shall be deemed complete. Upon receipt of an incomplete application, the city building official and/or city building inspector shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

F. Upon confirmation by the city building official and/or city building inspector of the application and supporting documentation being complete and meeting the requirements of the checklist, the city building official and/or city building inspector shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

G. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the city building official and/or city building inspector and the fire inspector. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.

H. The city building official and/or city building inspector may make a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety and require the applicant to apply for a conditional use permit. This finding will be provided to the applicant in writing. Such decision may be appealed to the Sonora Planning Commission. The applicant will be required to submit a conditional use permit application, along with applicable fees, to the community development department. The conditional use permit shall be processed as provided for under Chapter 17.62 of the Sonora Municipal Code.

I. The city may not deny an application for a conditional use permit to install a solar energy system, as defined in this section, unless it makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

J. Any conditions imposed on an application to install a solar energy system, as defined in this section, shall be designed to mitigate the specific adverse impact upon the public health and safety at the lowest cost possible.

(Adopted by Ord. 829 on 7/6/2015)