Tehama Municipal Code Art. I Title, Scope and General

This chapter shall be known and cited as the "Uniform Administrative Code" (hereinafter referred to as "code").

(Ord. 1708 § 2(part), 1999)

The purpose of this code is to provide for the uniform administration and enforcement of the technical codes adopted by this jurisdiction.

The purpose of this code and the technical codes is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

(Ord. 1708 § 2(part), 1999)

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 and structures and building service equipment within this jurisdiction. Except as specifically provided in Chapter 15.28, the provisions of this code shall also serve as the administrative, organizational and enforcement rules and regulations for the installation of mobilehomes and commercial coaches within this jurisdiction.

(Ord. 1708 § 2(part), 1999)

A. General. Buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this section.

B. Additions, Alterations and Repairs. Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment.

Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or building service equipment to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of the building code or will obstruct the existing exits; will create a fire hazard; will reduce required fire resistance; will cause building service equipment to become overloaded or exceed their rated capacities; will create a health hazard or will otherwise create conditions dangerous to human life. A building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the building code for new buildings. A building plus new additions shall not exceed the height, number of stories and area specified by the building code for new buildings.

Additions or alterations shall not be made to an existing building or structure when the existing building or structure is not in full compliance with the provisions of the building code except when the addition or alteration will result in the existing building or structure being no more hazardous based on life safety, fire-safety and sanitation, than before such additions or alterations are undertaken.

EXCEPTION: Alteration of existing structural elements, or additions of new structural elements, which are not required by Section 15.02.140(d) and which are initiated for the purpose of increasing the lateral-force-resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that:

1. The capacity of existing structural elements required to resist forces is not reduced; and

2. The lateral loading to required existing structural elements is not increased beyond their capacity; and

3. New structural elements are detailed and connected to the existing structural elements as required by these regulations; and

4. New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations; and

5. An unsafe condition as defined above is not created.

Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the building official. Installation or replacement of glass shall be as required for new installations.

Minor additions, alterations and repairs to existing building service equipment installations may be made in accordance with the technical code in effect at the time the original installation was made, subject to approval of the building official, and provided such additions, alterations and repairs will not cause the existing building service equipment to become unsafe, insanitary or overloaded.

C. Existing Installations. Building service equipment lawfully in existence at the time of the adoption of the technical codes may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment.

D. Existing Occupancy. Buildings in existence at the time of the adoption of the building code may have their existing use or occupancy continued if the use or occupancy was legal at the time of the adoption of the building code, and provided continued use is not dangerous to life, health and safety.

Any change in use or occupancy of any existing building or structure shall comply with the provisions of Section 15.02.390 of this code and 3405 of the UBC.

E. Maintenance. Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed. The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment. To determine compliance with this subsection, the building official may cause a structure to be reinspected.

F. Moved Buildings. Alterations or repairs to buildings or structures moved into or within this jurisdiction that are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the building official. The installation or replacement of glass shall be as required for new installations.

Minor additions, alterations and repairs to moved building service equipment installations may be made in accordance with the technical codes in effect at the time the original installation was made, subject to the approval of the building official, and provided such additions, alterations and repairs will not cause the moved building service equipment to become unsafe, unsanitary or overloaded.

G. Temporary Structures. Temporary structures such as reviewing stands and other miscellaneous structures, sheds and canopies, or fences used for the protection of the public around and in conjunction with construction work, may be erected by special permit from the building official for a limited period of time. Buildings or structures erected under a special permit need not comply with the type of construction or fire-resistive time periods required by the UBC. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

H. Historic Buildings. Repairs, alterations and additions necessary for preservation, restoration, rehabilitation or continued use of a building, structure or its building service equipment shall be made in conformance with the State Historical Building Code, Part 8, Title 24, California Code of Regulations.

(Ord. 1708 § 2(part), 1999)

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

"Addition" is an extension or increase in floor area or height of a building or structure.

"Alter" or "alteration" is a change or modification in construction or building service equipment.

"Approved," as to materials, types of construction, equipment and systems, refers to approval by the building official as the result of investigation and tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

"Approved agency" is an established and recognized agency engaged in conducting tests or furnishing inspection services, when the agency has been approved by the building official.

"Building" is a structure used or intended for supporting or sheltering a use or occupancy.

"Building code" is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by the County of Tehama.

"Building department" shall mean the Tehama County Department of Building and Safety.

"Building, existing." "Existing building" shall mean a legally permitted building or structure that is: (a) currently listed on the tax assessor rolls, or (b) any building or structure for which construction was commenced before April 26, 1962, and completed by April 26, 1963.

"Building official" is the officer or other designated authority charged with the administration and enforcement of this code. The terms "administrative authority," "code official," "responsible official," "chief inspector," "chief of the department of building and safety," or other similar designation shall be considered synonymous with the term building official as they appear in this code or the technical codes.

"Building service equipment" refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use.

"County or jurisdiction" shall mean the County of Tehama when referring to a political entity, or an unincorporated area of said county when referring to area.

"Fire chief" shall mean the chief of the fire protection district or other special district maintaining a fire department pursuant to statutory authority to do so, wherein any building or structure is to be located, or in any area not within such district, the same shall mean the chief of the California Department of Forestry of the county.

"Listed" and "listing" are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions and which listings states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards.

"Occupancy" is the purpose for which a building, or part thereof, is used or intended to be used.

"Owner" is any person, agent, firm or corporation having a legal or equitable interest in the property.

"Permit" is an official document or certificate issued by the building official authorizing performance of a specified activity.

"Permittee" is the person to whom the permit has been issued; the legal owner of the property. This shall include any person to whom the permit has been transferred per Section 15.02.330(0).

"Person" is a natural person, heirs, executors, administrators or assigns, and also includes firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

"Repair" is the reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance.

"Shall," as used in this code, is mandatory.

"Structural observation" shall mean the visual observation of the structural system including but not limited to, the elements and connections at significant construction stages, and the completed structure for general conformance to the approved plans and specifications.

Structural observation does not include or waive the responsibility for the inspections required by Section 15.02.370.

"Structure" is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Technical codes" refers to the following codes adopted by the county of Tehama, which contain the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined:

Tehama County Code Chapter 15.04, Building Code (hereinafter referred to as "building code").

Tehama County Code Chapter 15.06, Residential Code (hereinafter referred to as "residential code").

Tehama County Code Chapter 15.08, Housing Code (hereinafter referred to as "housing code").

Tehama County Code Chapter 15.10, Green Building Code (hereinafter referred to as "green building code").

Tehama County Code Chapter 15.12, Dangerous Buildings Code (hereinafter referred to as "dangerous buildings code").

Tehama County Code Chapter 15.16, Plumbing Code (hereinafter referred to as "plumbing code").

Tehama County Code Chapter 15.20, Electrical Code (hereinafter referred to as "electrical code").

Tehama County Code Chapter 15.22, Mechanical Code (hereinafter referred to as "mechanical code").

Tehama County Code Chapter 15.24, Swimming Pool Code (hereinafter referred to as "swimming pool code").

Tehama County Code Chapter 15.26, Sign Code (hereinafter referred to as "sign code").

Tehama County Code Chapter 15.28, Mobilehome Code (hereinafter referred to as "mobilehome code").

Tehama County Code Chapter 15.40, California Administrative Code (hereinafter referred to as "state administrative code").

"UBC" means the most recent edition of the Uniform Building Code, as referenced in Tehama County Code, Chapter 15.04.

"UBC Standards" are those standards published in Volume 3 of the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by the county of Tehama.

"Valuation" or "value," as applied to a building and its building service equipment, shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs.

(Ord. 1708 § 2(part), 1999)

(Ord. No. 2086, § 2, 2-4-2020; Ord. No. 2127, § 2, 12-20-2022)

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

When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. In other conflicts where sanitation, life safety or fire-safety are not involved, the most restrictive provisions shall govern.

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.

When conflicts occur between specific provisions of this code and administrative provisions in a technical code which is then applicable within this jurisdiction, the provisions of this code shall prevail.

(Ord. 1708 § 2(part), 1999)

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.

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.

The building official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use. The details of an action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency.

(Ord. 1708 § 2(part), 1999)

Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the building official may grant modifications for individual cases. The building official shall first find that a special individual reason makes the strict letter of the technical code impractical and the modification is in conformity with the intent and purpose of the technical code, and that such modification does not lessen health, life safety and fire-safety requirements or any degree of structural integrity. The details of actions granting modifications shall be recorded and entered in the files of the code enforcement agency.

(Ord. 1708 § 2(part), 1999)

Whenever there is insufficient evidence of 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 no expense to the jurisdiction.

Test methods shall be as specified by the technical codes or by other recognized tests standards. In the absence of recognized and accepted test methods, the building official shall determine test procedures.

Tests shall be made by an approved agency. Reports of such tests shall be retained by the building official for the period required for the retention of public records.

(Ord. 1708 § 2(part), 1999)