Tulare Municipal Code Ch. 4.70 Building Regulations

A permit shall authorize only that work specified in the application therefore.

(1995 Code, § 4.70.010) (Ord. 02-1910, passed 11-19-2002)

In the use and enforcement of these codes whenever any of the following names or terms are used they shall be deemed and construed as follows.

ALL-WEATHER DRIVING SURFACE. A concrete or asphalt covering over base material and a roadbed compacted to 90% and of sufficient thickness to support the imposed loads of fire apparatus or that approved by the Fire Chief.

ASSISTANTS. Any police officer, inspector or other employee appointed or designated by the City Manager or the Planning and Building Director of the City of Tulare to carry out the functions of this chapter of the Code of the City of Tulare.

ATTORNEY. The City Attorney for the City of Tulare.

AUTHORITY HAVING JURISDICTION. The Building Division of the City of Tulare.

AUTOMATIC FIRE DETECTION SYSTEM. An approved system, which automatically detects a fire condition and actuates a fire alarm system device.

BUILDING OFFICIAL and/or ADMINISTRATIVE AUTHORITY. As used in these codes, the Planning and Building Director and his or her duly appointed deputies or designated representatives.

CITY. The City of Tulare.

DANGEROUS BUILDINGS CODE. The Uniform Code for the Abatement of Dangerous Buildings as adopted in Chapter 4.44 of the Code of the City of Tulare.

FIRE PREVENTION BUREAU. The City of Tulare Fire Department.

FIRE PREVENTION ENGINEER, FIRE MARSHAL or FIRE PREVENTION OFFICER. That chief officer designated by the Fire Chief as being in charge of the Fire Safety Division.

MUNICIPALITY. The City of Tulare.

PORTABLE HOT TUB OR SPA. A non-permanent structure intended for recreational bathing, in which all control, water-heating and water- circulating equipment is an integral part of the product, located entirely under the spa or hot tub skirt, and is cord connected rather than permanently electrically wired.

SPA OR HOT TUB LISTED SAFETY COVER. A locking safety cover that complies with the American Society for Testing Materials (ASTM) specifications and/or standards.

SWIMMING POOL. Any body of water within a structure constructed for the purposes of swimming and contains water over 18 inches deep. This includes without limitation all portable, moveable, collapsible, storable and permanent in-ground, above-ground and on-ground swimming pools, garden ponds, spas, hot tubs and wading pools.

TECHNICAL CODES. Codes of the City of Tulare and any other code(s) that may be adopted by resolution of the City Council.

THE BUILDING DEPARTMENT. The Building Division of the Planning and Building Department of the City of Tulare.

(1995 Code, § 4.70.020) (Ord. 02-1910, passed 11-19-2002)

No permit shall be required under this chapter for any recognized public utility company for the installation, alteration or repair of service lines or pipes for the use by such company in the distribution, generation, transmission and metering of gas, electricity or water, or for testing of the equipment.

(1995 Code, § 4.70.030) (Ord. 02-1910, passed 11-19-2002)

In addition to the fees adopted by this chapter, fees shall be charged when special inspection or information is requested by any person other than that covered by the code, and for other such inspections and items as may be determined by resolution of the City Council.

(1995 Code, § 4.70.040) (Ord. 02-1910, passed 11-19-2002)

(A) Any person, whether as principal, agent, employee or otherwise, interfering, obstructing or preventing, or causing the interference, of the enforcement or performance of any of the provisions of this chapter or the provisions of any code adopted by this chapter, by the Building Official or other authorized persons, and any person violating any of the provision of this chapter, shall be deemed guilty of a misdemeanor punishable by imprisonment not exceeding six months or by fine not exceeding $1,000, or by both fine and imprisonment. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from misdemeanor to an infraction.

(B) Any person convicted of an infraction under this chapter shall be punished by:

(1) A fine not exceeding $100 for a first violation;

(2) A fine not exceeding $200 for the second violation of this chapter within one year; and

(3) A fine not exceeding $500 for each additional violation of this chapter within one year.

(C) Any person found guilty of violating this chapter shall comply with provisions which he or she has been convicted of violating and shall abate and correct the illegal conditions which he or she has brought about by the erection, construction, enlargement, alteration, repair, improvement or conversion of which he or she has been convicted. The conviction and punishment of any violation shall not relieve such person of liability to be compelled in appropriate civil or criminal proceedings to correct prohibited conditions or remove prohibited structures.

(D) Each day that a violation continues shall be regarded as a new and separate offense.

(1995 Code, § 4.70.050) (Ord. 02-1910, passed 11-19-2002)

Any structure shall be substantially complete and pass a final inspection, as set forth in the California Building Code, and any improvements required by conditions of approval or California Building Code or zoning ordinance or any Engineering Department requirements shall be completed or bonded or a deposit submitted to the city, prior to occupancy or permanent connection of utilities. All projects for which a building permit is required shall receive the required final inspection upon completion of the project. It shall be the duty of the permit applicant to call for a final inspection. Building permits shall expire by limitation under the provisions of the California Building Code.

(1995 Code, § 4.70.060) (Ord. 12-09, passed 8-21-2012; Ord. 02-1910, passed 11-19-2002)

On all construction projects, there shall be provided adequate toilet facilities for all employees. The Building Official shall approve all toilet facilities.

(1995 Code, § 4.70.070) (Ord. 02-1910, passed 11-19-2002)

(A) Expiration. Notwithstanding the requirements of the individual codes adopted by this chapter, and subject to the exceptions provided below, every permit issued by the Building Official, under the provisions of this chapter, shall expire by limitation and become null and void if the building or work authorized by the permit is not completed by the owner, owner’s agent, or the permittee and approved by the city within the following time limits commencing on the date of the permit issuance.

(B) Re-issuance. After completion of all permit entitlements under the Uniform Building Code, the following time units shall apply for re-issuance of the permit:

Residential

Residential

(C) Exception.

(1) Upon written request of the owner or permittee, the Building Official may extend the period for completion of construction for a period not to exceed six months. The written request must be submitted to the Building Official prior to the date of expiration of the permit in question and shall demonstrate that:

(a) Due to circumstances beyond the owner or permittee’s control, construction could not be completed in the above specified construction time period;

(b) That reasonable progress has been made;

(c) That the condition of the property presents no health or safety hazard; and

(d) That the continuing delay will not create any unreasonable visual or physical detriment to the neighborhood.

(2) No permit shall be extended more than once.

(D) Note.

(1) REASONABLE PROGRESS. A demonstration that all means reasonably available to the permitee to complete the work within the prescribed time have been exhausted.

(2) REMODELING. Construction of work which constitutes construction, enlargement, alteration, erection, repair, demolition or improvement, of an existing building, structure or other improvement located on a piece of property.

(3) Every permit issued by the Building Official, under the provisions of this chapter, shall expire by limitation and become null and void. At which time the city will declare the unfinished project a public nuisance and seek abatement according to the code.

(1995 Code, § 4.70.080) (Ord. 02-1910, passed 11-19-2002)

(A) During repair, enlargement, construction, remodel, improvement or alteration, all property shall be maintained in a reasonably clean and well-kept manner.

(B) All lumber and building materials shall be neatly piled or stacked in a safe manner. All lumber and materials used in conjunction with a residential addition, remodel or repair shall be stored in the rear yard of the residential property or inside the building construction perimeter.

(C) Exception: Building materials may be stored in a front yard, as long as a safety hazard is not created, for a period not to exceed 30 days.

(D) The exterior walls and roofs of buildings or structures in connection with a residential addition, remodel or repair shall be covered with finished materials, in accordance with city-approved plans and the Building Code within six months from the commencement of construction. A waiver of this requirement may be obtained from the Building Official or his or her designated representative if the construction is screened from view from adjacent private occupied property, public property or public right-of-way with fencing materials approved by the Planning and Building Director.

(1995 Code, § 4.70.090) (Ord. 02-1910, passed 11-19-2002)

The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety as they relate to Group R. Division 3 dwellings, as described in Section 310.1 of Part 2 of the California Building Standards Code shall be the Fire Marshal of the City of Tulare.

(Ord. 07-29, passed 12-18-2007)