Susanville Municipal Code Ch. 15.02 Building Regulations—general Provisions

The purpose of the building regulations adopted by this title is to safeguard life, health, and safety by regulating the following:

A. The design, construction, type of materials, use, occupancy, and maintenance of all buildings and structures within the city;

B. The design, location, construction, installation, type of materials, use, operation, and maintenance of all building service equipment within the city, including all electrical equipment, mechanical equipment, and plumbing equipment; and

C. The design, location, construction, installation, type of materials, and maintenance of all signs within the city.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)

The building official shall be primarily responsible for administration of the building regulations adopted by this title, subject to the overall direction and control of the director. In carrying out such responsibility the duties of the building official shall include, but not be limited to, the application of the building standards adopted by Chapter 15.04 of this title, issuance of the building permits, issuance of the certificates of occupancy and connection approvals, conduct of the inspections, tests and surveys, and undertaking the enforcement actions for violations of this title. The fire chief shall assist the building official in administering the building regulations adopted by this title when specially required by such regulations.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)

The building official shall make available in the offices of the building division, for review by the general public, at least one copy of all uniform codes or state building standards adopted by Chapter 15.04 of this title, as well as any other state regulations relating to buildings or structures, building service equipment or signs published in Titles 8, 19, 20, 24, and 25 of the California Code of Regulations.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)

A. The building official shall maintain an official copy, which may be on microfilm or electronically scanned image or another type of reproducible copy, of the approved plans and specifications for every building or structure for which a permit has been issued throughout the life of such building or structure; except that the building official need not maintain copies of approved plans and specifications for the following buildings or structures:

1. Single- or multiple-family dwellings not more than two stories and a basement in height;

2. Garages and other structures appurtenant to single- or multiple-family dwellings;

3. Farm or ranch buildings; and

4. Any one-story building, other than steel frame or concrete buildings where the span between framed walls does not exceed 25 feet.

B. The official copy of all approved plans and specifications maintained by the building official pursuant to the provisions of this section, other than plans and specifications for banks, other financial institutions, or public utilities, shall be public records and open for inspection at the office of the building official, provided that official copies of approved plans and specifications may not be duplicated, in whole or in part, except with the written permission of the certified, licensed, or registered professional or a successor, if any, who signed the original plans and specifications and a written permission of the owner of such building, or by order of a proper court.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)

Any notice required to be served on a person pursuant to the provisions of building regulations adopted by this title shall be deemed served when made in writing and either personally delivered to such person or deposited in the U.S. mail, registered and postage prepaid, addressed to such person's last known address. However, when a notice is required to be served on the owner of any premises on which a building or structure, building service equipment or sign is located, such notice may be served by depositing a copy of same in the U.S. mail, registered and postage prepaid, addressed to the owner of the premises at the owner's address as it appears on the last equalized assessment roll of the county of Lassen. Service of a notice by mail in the manner provided by this section shall be effective on the date of mailing and the failure of any person to receive such notice shall not affect the validity of the notice.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)

A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the building official under the building regulations adopted by this chapter, may apply to the city manager for administrative review of such determination or action.

B. Applications for Administrative Review. Applications for the administrative review of a determination made or action taken by a building official shall be in writing and shall be filed in the office of the city manager no later than 15 days following the date such determination or action was made or taken, or where a written notice of such determination or action is required to be served, the date such notice is served, provided that the city manager may extend the time for filing an application for good cause shown. In addition to setting forth a request for administrative review of a determination made or action taken by the building official, such application shall contain a brief statement of the reasons why the applicant believes that such determination or action does not comply with the building regulations adopted by this title and the relief requested by the applicant from such determination or action.

C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of a determination made or action taken by the building official, the city manager shall consider the application and render a decision either affirming the determination or action of the building official or reversing or modifying such determination or action. Prior to rendering a decision, the city manager may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision, provided notice of the date, time, and place of such hearing is served a reasonable time prior to such hearing on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the city manager a written request for notice of such decision. After rendering a decision the city manager shall promptly inform the building official of the decision and cause a notice of the decision to be served on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision.

D. Stay of Determination Made or Action Taken by Building Official Pending Administrative Review. Any determination made or action taken by the building official, save and except for an order revoking a permit, an order to stop work on a building or structure, building service equipment or sign, an order to vacate a building or structure, or an order to disconnect building service equipment which is made by the building official, shall be stayed pending a decision of the city manager on an application for administrative review of such determination or action.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)

A. Right to Appeal. Any person aggrieved by a decision of the city manager following the filing of an application for the administrative review of a determination made or action taken by the building official, may appeal such decision to the city council by filing a written request within 15 days of the notice of decision of the city manager and accompanied by a fee as may be set by the city council.

B. Stay of Decision of City Manager Pending Appeal. Any decision of the city manager on an application for administrative review of a determination made or action taken by the building official, save and except for a decision affirming or modifying an order revoking a permit, an order to vacate a building or structure, building service equipment or sign, or an order to disconnect building service equipment which was made by the building official pursuant to this title, shall be stayed pending a decision of the city council on such appeal.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)

A person shall be deemed "aggrieved" for purposes of the administrative review of a determination made or action taken by the building official and for purposes of the appeal of a decision of the city manager following the filing of such application for administrative review, if such determination, action or decision has a significantly greater effect on such person than on the public in general.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)

The building regulations adopted by this title shall not apply to nor govern any building or structure, building service equipment, or sign where the local regulation of such building or structure, building service equipment, or sign is preempted by any federal or state law; provided, however, that the purpose of this section is merely to confirm existing law and is not intended to grant an exemption or exclusion from compliance with the city's building regulations in any instances where the city may exercise jurisdiction under the laws of the federal and state government as well as this code.

(Ord. 17-1007 § 1, 2017; Ord. 20-1021 § 1, 2020; Ord. 22-1038 § 1, 2022)