Trinity County Municipal Code Ch. 15.04 Building Code

This chapter shall be known and may be referred to in all proceedings as the "Trinity County building code ordinance."

(Ord. 378 §10, 1981)

This chapter is enacted as a result of requirement of state law and the determination that within the unincorporated area of this county certain types of construction require regulations to provide minimum standards to safeguard lives and property and protect the general public health, safety and welfare. The board of supervisors of the county has determined that the adoption of this chapter will assure enforcement of the regulations and restrictions at least equal to those imposed by the state building standards and state housing laws and to provide for their enforcement by the county building official.

(Ord. 1131 §1(part), 1990)

A. The regulations adopted by this chapter shall cover residential, commercial, industrial, mobile homes not within mobile home parks, and all other structures within the unincorporated area of the county, except the following:

1. Structures regulated by state law to the exclusion of local regulation;

2. Structures regulated under Part 2.1, Division 13 of the Health and Safety Code of California, Mobilehome Parks;

B. Nothing contained in this chapter shall be construed to prevent any person from performing his own building, plumbing or electrical work when performed pursuant to a permit obtained in compliance with the provisions of this chapter. Work authorized by said permit shall, in all respects, conform with the provisions of this chapter and the California Building Codes adopted hereby.

(Ord. 1280 §1, 2004; Ord. 378 §12, 1981)

A. "Agricultural Building(s)" (defined by section 202 of the California Building Code) is a structure designed and constructed to house implements, hay, grain, poultry, livestock, or other horticultural products. These structures shall not be a place of human habitation or a place where agricultural products are processed or packaged for retail sale; nor shall it be a place used by the public including but not limited to Hoop Houses, Greenhouses, and Wood Sheds.

B. "Building Department," "Electrical Department" or "Plumbing Department" means the office of the chief building inspector of the county of Trinity.

C. "Building Official," "Plumbing Official," "Chief Electrical Inspector," "Administrative Authority" and similar references to a chief administrative position mean the chief building inspector of Trinity County, or such assistants, deputies or employees authorized by the chief building inspector; provided, however, that where such terms are used in connection with those duties imposed upon the Health Officer, said terms shall mean health officer.

D. "Chapter" means the Trinity County building code.

E. "City" means the County of Trinity when referring to a political entity, or unincorporated area of such county when referring to area.

F. "City clerk" means the County of Trinity County clerk and ex officio clerk of the board of supervisors.

G. "City council" or "mayor" means the board of supervisors of the county of Trinity.

H. "Fence" means a barrier, railing, or other upright structure, typically of wood or wire, enclosing an area of ground to mark a boundary, control access, or prevent escape.

I. "Fire chief" means the head of the fire department, whether or not in a fire protection district, wherein any building is presently located or is to be located; the same shall mean the chief building inspector.

J. "Packaged" for the purpose of this title packaged means to package an agricultural product for the purpose of retail sales.

K. "Processing" for the purpose of this title means to alter an agricultural product from its original form based on occupancy to be determined by the building official.

(Ord. 378 §13, 1981; Ord. No. 1373, § I, 6-3-25)

This chapter shall not impose upon the county any liability or responsibility for damages resulting from defective construction, plumbing, electrical work, or from any violation of or noncompliance with any section or sections of this chapter, nor shall the county or any official or employee thereof be held to assume any special liability or responsibility for or by reason of the inspection authorized under this chapter.

(Ord. 378 §14, 1981)

The position of chief building inspector of the county is established.

(Ord. 378 §20, 1981)

The chief building inspector shall have the following duties:

A. To enforce all provisions of this chapter and the California Building Codes adopted by reference, together with all additions, deletions and modifications, except those specifically reserved to the health officer;

B. To review applications for building permits, issue permits, collect fees therefor, make inspections, issue certificates of occupancy and such functions as are imposed by the adoption of the California Building Codes, except those specifically reserved to the health officer, either in person or by such assistants, deputies or employees authorized by the board of supervisors;

C. To perform all related duties as may from time to time be assigned by the board of supervisors.

(Ord. 1280 §2 (part), 2004; Ord. 378 §21, 1981)

A. Adoption of the California Building Code. The California Code of Regulations Title 24, Part 2, volumes 1 and 2, the California Building Code, 2001 Edition and all amendments thereto and all subsequent editions thereof are adopted by this reference.

B. Adoption of the California Electrical Code. The California Code of Regulations Title 24, Part 3, the California Electrical Code, 2001 Edition and all subsequent editions thereof are adopted by this reference.

C. Adoption of the California Mechanical Code. The California Code of Regulations Title 24, Part 4, the California Mechanical Code, 2001 Edition and all amendments thereto and all subsequent editions thereof are adopted by this reference.

D. Adoption of the California Plumbing Code. The California Code of Regulations Title 24, Part 5, the California Plumbing Code, 2001 Edition and all subsequent editions thereof are adopted by this reference.

E. Adoption of the California Energy Code. The California Code of Regulations Title 24, Part 6, the California Energy Code, 2001 Edition and all subsequent editions thereof are adopted by this reference.

F. Adoption of the California Building Standards Administrative Code. The California Code of Regulations Title 24 Part 1, the California Building Standards Administrative Code, 2001 Edition and all amendments thereto and all subsequent editions thereof are adopted by this reference.

G. Adoption of State Guidelines for Straw-Bale Structures. Chapter 4.5 of Part 2.5 of Division 13 (Health and Safety Code Sections 18944.30 et seq.) of the Health and Safety Code of the state of California and all future amendments thereto are adopted by this reference. In adopting the guidelines contained therein, the board of supervisors of Trinity County expressly finds that the application of these guidelines to Trinity County is reasonably necessary because of local conditions. A copy of this subsection and the foregoing finding shall be filed with the State Department of Housing and Community Development.

H. Adoption of the California Fire Code. The California Code of Regulations Title 24, Part 9, the California Fire Code, 2022 Edition and all subsequent editions thereof.

I. Adoption of the California Green Building Standards Code. The California Code of Regulations Title 24, Part 11, the California Green Building Standards Code, 2022 Edition and all subsequent editions thereof.

(Ord. 1280 §3, 2004: Ord. 1272 §1, 2003; Ord. 1224 §1, 1999; Ord. 1212, 1996; Ord. 1131 §1(part), 1990)

(Ord. No. 1377, § I, 9-2-25)

Plumbing and heating vents referred to in the adopted codes shall termnate near the highest point of the roof as practical where the snow load is determined by the chief building inspector to be in excess of fifty pounds per square foot.

(Ord. 1280 §4, 2004; Ord. 378 §39, 1981)

No building permit shall be issued for any building which includes the construction, alteration or modification of any sewage disposal system unless and until approval has been issued therefor by the county health officer, or his duly authorized representative.

(Ord. 378 §40, 1981)

No building permit shall be issued if the proposed construction, alteration or repair would violate the provisions of any existing zoning or subdivision ordinance.

(Ord. 378 §41, 1981)

When the chief building inspector has determined that surface drainage on an existing site or on a proposed site is likely to interfere with the intended use such that it jeopardizes the health, safety or welfare of the persons using the premises or any adjacent property owners, he may require that there be submitted to him a report of a civil engineer licensed in the state of California, analyzing the surface drainage, its effects on the proposed or existing development, and proposed corrective action. The drainage problem shall be corrected to the satisfaction of the chief building inspector.

(Ord. 1280 §5, 2004: Ord. 378 §42, 1981)

No building permit shall be issued until the appropriate fees have been paid. The fees shall be as follows:

A. Minimum Fee. The minimum fee is fifteen dollars.

B. Computation of Fees. The total valuation used to compute fees shall be determined by the building official, either by the application of the Building Standards Valuation Data as published by the International Conference of Building Officials or by the actual costs of construction. Evidence showing the actual cost shall be in the form of contract or by other reliable evidence which would give a true account of such cost.

C. Exempt Fee. No permit fee shall be required to be paid by the United States, the state of California or its political subdivisions, nor any special district when such work is being done on the official properties of such agencies, and to be used for governmental or educational purposes.

D. Refunds. Refunds of all or any portion of permit fees paid pursuant to this section shall be made as directed by the board of supervisors and upon such conditions as the board of supervisors may provide.

E. Waiver of Fees. Building permit fees may be waived for qualified agencies, organizations, groups or individuals pursuant to the following procedure:

1. All requests for building permit fee waivers shall be made in writing from the agency, organization or group, based upon official action by such agency, organization or group and signed by a duly authorized officer or agent, or from an individual, to the board of supervisors.

2. Requests for waivers shall be made prior to the processing of the application or permit by the building officials.

3. Approval of an application for a building permit fee waiver shall be given only if the board of supervisors makes all of the following findings:

a. Payment of the fees would create a financial hardship for the agency, organization, group or individual;

b. The proposed project for which the fees are to be collected would provide a benefit to the public;

c. The processing of the application or permit by the building officials is of a routine nature;

d. In the case of a nonprofit corporation, the board must also find, based upon the facts provided by the applicant, that the organization provides significant public services in a manner that does not discriminate on the basis of age, sex, handicap, color, creed, religion or national origin.

4. Notwithstanding the requirements of subdivision 3 of this section, the board may approve a waiver where, in the opinion of the board, one of the following conditions exists:

a. A failure to waive the fees would likely prohibit an otherwise worthy public project from proceeding;

b. The applicant is prohibited by law from paying the fee.

(Ord. 1217, 1997: Ord. 1180 §1, 1993; Ord. 1153 §1, 1991: Ord. 1131 §1, 1990)

A. Title. This section shall be known and may be referred to as the "Trinity County Regulations for Mobile Home Installation."

B. Purpose. The purpose of this section is to enact regulations for the installation of mobile homes in the unincorporated territory of the county.

C. Authority. This section is adopted pursuant to the provisions of Sections 18300 and 18550 of the Health and Safety Code of the state in order to implement, interpret, and make specific the provisions of Sections 18300, 18613, 18614, 18550 and 18551 of the Health and Safety Code.

D. Enforcement Agency Defined. Whenever the term "enforcement agency" is used in this section, or in Title 25 of the California Code of Regulations, such terms shall mean the county building inspector.

E. Applicability of State Laws. All of the applicable provisions of Title 25 of the California Code of Regulations pertaining to mobile homes installed outside of mobile home parks, as may be amended from time to time, not specifically set forth in this section, are made a part of this section.

F. Fees. Any person requesting a mobile home installation permit pursuant to the provisions of this section shall pay the fees established in Title 25 of the California Code of Regulations.

(Ord. 1131 §2, 1990)

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure or mechanical equipment, subject to the regulations of this chapter, or to install or alter any plumbing, electrical wiring or fixtures therein in the unincorporated territory of the county unless a permit has been obtained therefor from the chief building inspector, except the following:

1. One-story detached accessory structures, provided that the floor area does not exceed one hundred twenty square feet and are only used for general storage.

2. Fences not over seven feet high unless parcel specific zoning does not allow. Fences shall still meet all zoning requirements as well as any requirements of the department of transportation.

3. Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed twenty to one.

5. Sidewalks and Driveways. Driveways and sidewalks within the right-of-way of county maintained roads require an encroachment permit from the county department of transportation.

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

7. Prefabricated swimming pools that are less than twenty-four inches deep.

8. Swings and other playground equipment.

9. Window awnings supported by an exterior wall that do not project more than fifty-four inches from the exterior wall and do not require additional support.

10. Decks not exceeding two hundred square feet in area, that are not more than thirty inches above grade at any point.

11. Agricultural Buildings.

a. Plumbing or Electrical Not Exempt. Any plumbing or electrical components will require a building permit and shall be required to meet the most current edition of the California Plumbing Code and California Electrical Code.

b. Letter of Intent. A letter of intent shall be filled out and submitted to the building division for review to ensure all ordinance requirements have been met as well as to ensure all zoning requirements are met.

c. Allowable Zoning Districts. Agricultural buildings shall be allowed in the following zoning districts and must meet all other Trinity County zoning requirements:

i. Unclassified or "U" district;

ii. Agricultural or "A" district;

iii. Agricultural preserve district or "AP" district;

iv. Agricultural forest;

v. Rural residential or RR district;

vi. SUDs that have an agriculture designation.

d. Zoning Clearance Required. Agricultural exempt structures are still subject to all applicable requirements that are associated with the subject parcel's zone and any other provisions in the Trinity County Zoning Ordinance; this includes, but not limited to overlay zoning districts (flood hazard, scenic conservation, special treatment, etc.).The chief building official shall issue the exemption upon confirming the subject parcel is correctly zoned and meets the requirements of this section.

(Ord. 378 §50, 1981; Ord. No. 1373, § I, 6-3-25)

It shall be unlawful to discharge into or permit to be discharged from any privy, cesspool, septic tank, container, sewer pipes or conduits, not connected to a public sewer system, sewage, polluted or contaminated water or any matter or substance offensive or injurious or dangerous to public health, where such water overflows and any land whatever including tidelands, or where such water empties, flows, seeps or drains into or adversely affects any springs, streams, rivers, lakes or other waters or any public highway within the county, or where such water is accessible to insects or rodents.

(Ord. 378 §51, 1981)

It is unlawful for any person, including utility companies, to connect electric power lines of natural gas or liquid petroleum gas sources to a building or structure for which a building permit is required by this chapter until the final inspection has been made and approved and approval signed by the chief building inspector.

(Ord. 378 §52, 1981)

It is unlawful for any person to use or occupy any building or structure to which electrical power is furnished by temporary services on power poles, pedestals, or service equipment mounted on buildings or other structures, for more than thirty days following completion or discontinuation of construction.

(Ord. 378 §53, 1981)

A. Any person, firm or corporation who violates any of the regulatory provisions of this chapter is guilty of an offense punishable as a misdemeanor or infraction. Any person convicted of a misdemeanor shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months in the county jail, or by both such fine and imprisonment. Any person convicted of an infraction shall be punished by a fine of not more than two hundred fifty dollars.

B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted, and shall be punished accordingly.

(Ord. 1082 §1, 1986: Ord. 378 §54, 1981)

A. Where, in any case, the provisions of the California Building Code shall apply to the construction, alteration, moving, demolition, repair and use of any buildings or structures located on any property within the county and the provisions have not been complied with, excluding dwellings and structures under construction or completed prior to July 1, 1973, the building inspector may cause to be recorded with the county recorder, a notice of noncompliance. The recorder shall, upon receipt thereof, record the notice of noncompliance with the deed of the affected property. Within ten days of the filing with the county recorder of the notice of noncompliance, the building inspector shall notify the owner of record of the property, by addressing a copy of the notice of noncompliance to the last known address of the owner of record of the property and depositing it in the United States mail.

B. Upon showing of proof of compliance pursuant to the California Building Code, as adopted when construction was commenced on the building or structure, the building inspector shall so notify the county recorder and the notice of noncompliance shall be removed of record.

(Ord. 1280 §2 (part), 2004; Ord. 1023 §1, 1983)

The building department appeals board is created to hear and decide appeals of orders, decisions, or determinations made by the county building official relative to the application and interpretation of the county code.

(Ord. 1281 §1 (part), 2004)

A. The building department appeals board shall consist of five members, each one representing a supervisorial district within the county. Each supervisor shall nominate one member who is a resident and registered voter from his or her supervisorial district and who is qualified by experience and training to pass on matters pertaining to building construction. Said nominations shall be confirmed by a majority vote of the board of supervisors.

B. The term of office for each member shall be four years. The initial terms for Districts 1, 3, and 5, shall expire January 31, 2006. The initial terms for District 2 and 4 shall expire January 31, 2008. Thereafter, terms shall expire on the first Monday after January 31st upon completion of the four year term.

C. Vacancies shall be filled by nomination and confirmation as above described.

D. Members can be removed from the board by a three-fifths vote of the board of supervisors.

(Ord. 1281 §1 (part), 2004)

A. The members of the board shall annually elect a chairperson who shall serve for a term of one year. The county building official shall serve as an ex-officio member and secretary of the board, but shall have no vote on any matter before the board.

B. The board shall hold meetings as necessary to hear appeals.

C. The board shall make such rules and regulations as are necessary to conduct its business.

D. The board shall hear appeals of decisions of the county building department and shall perform functions and duties and shall have such powers as prescribed by law, and in particular, as are prescribed in Section 105 of the California Building Code. The board is not empowered to waive requirements of the code.

(Ord. 1281 §1 (part), 2004)