Victorville Municipal Code Art. 15 Military Base Reuse

The purpose of this Chapter is to safeguard life safety, fire safety, health or sanitation by establishing minimum requirements for building or structure reuse and allowing for a graduated compliance plan and timetable by which such requirements may be enforced within the jurisdictional boundaries of the City.

Existing Nonresidential Buildings or Other Structures Located on a Closed Military Base.

(a) As authorized by California Health and Safety Code, Section 33492, a building or other structure that is located on a military base (specifically George Air Force Base) closed by action of the Federal Defense Base Closure and Realignment Commission may comply with the requirements of this Code in a graduated manner over a period not to exceed ten years, provided that:

(1) The building or structure is in existence at the time the military base is selected for closure by action of the Federal Defense Base Closure and Realignment Commission;

(2) The building or structure is not in a Group R (residential) occupancy classification;

(3) The building or structure will be safe for its intended use and occupancy;

(4) The building or structure is under a lease from the federal government to VVEDA;

(5) The building or structure will be subleased to a private party; and

(6) The building or structure meets the compliance inspection and graduated compliance plan requirements set forth below.

(a) Before VVEDA enters into any sublease of the building or structure with a private party, they shall request the Building Official and the Fire Chief to inspect, or cause to be inspected, the building or structure for compliance with the code in accordance with the provisions of this Section.

(b) The Building Official and the Fire Chief shall issue a written report on their compliance findings to VVEDA prior to entering into a sublease. The Building Official and the Fire Chief may issue the compliance report jointly or separately at their discretion.

(Ord. No. 2389, § 3, 3-19-19)

The Building Official and the Fire Chief shall evaluate the building or structure using the codes in effect at the time of original construction. If they cannot determine what codes were in effect at the time of original construction, the Building Official and the Fire Chief shall jointly determine which codes are the appropriate ones to be used to evaluate the building or structure for purposes hereof.

(Ord. No. 2389, § 3, 3-19-19)

VVEDA shall be responsible for notifying the proposed subtenant of the final compliance inspection reports for such building or structure. VVEDA may give such notice by either attaching a copy of the final reports to the sublease or providing a copy of such reports to the subtenant.

(a) Complying Building or Structure. If, after performing the inspection required by Section 16-5.15.030, the Building Official and the Fire Chief concur that the building or structure meets current requirements for the new occupancy and will not be hazardous to life safety, fire safety, health or sanitation based on its intended use and occupancy, a certificate of occupancy will be issued by the development department with the approval of the fire department after the planned alteration work has been completed and approved.

(b) Remedial Work Required. If, after performing the inspection required by Section 16-5.15.030, the Building Official and the Fire Chief concur that remedial work is required before the intended use, and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation, that work must be done in conjunction with any planned alterations. All remedial work must either comply with current codes or be approved by the development department and the fire department as providing equivalent public safety. The building or structure may not be occupied until a certificate of occupancy has been issued by the development department.

(c) Graduated Compliance Plan. A graduated plan of compliance with the applicable codes may be approved with the concurrence of the Building Official and the Fire Chief provided that:

(1) The Building Official and the Fire Chief have issued a written determination that in their respective opinions the intended use and occupancy of the building or structure will not be hazardous to life safety, fire safety, health or sanitation. This determination may be issued jointly or separately at the discretion of the Building Official and the Fire Chief;

(2) The time for full compliance with the applicable codes does not exceed a period of ten years from the date that VVEDA enters into a sublease with the private party;

(3) All new work either complies with current codes or is approved by the development department and the fire department as providing equivalent public safety; and

(4) A temporary certificate of occupancy is issued by the development department with the approval of the fire department setting forth the approved graduated compliance plan and a timetable for full compliance with the applicable codes. The compliance plan and timetable may be amended only with the joint approval of the Building Official and the Fire Chief. In no event may the time allowed for full code compliance extend beyond the ten-year period.

(Ord. No. 2389, § 3, 3-19-19)

Notice of Violation. The development department and the fire department shall provide VVEDA with a copy of any notice of violation delivered to subtenant pursuant to Chapter 1.05 of this Code.

If compliance measures are not completed pursuant to Section 16-5.15.060, the certificate of occupancy shall be revoked.

The development department and the fire department may charge VVEDA fees for actual time and materials expended in responding to requests for inspection and performing other tasks associated with the graduated compliance plan program. Fees for permits and other services shall be as set forth in Chapter 5 Article 1 of this Code.