Walnut Creek Municipal Code Art. 1 Title, Scope and General

The regulations in this chapter shall be known as the "Walnut Creek Building Regulations," may be cited as such, and will be referred to within this chapter as "this code."

The following referenced codes, as adopted in Title 9 of the Municipal Code, shall be administered in accordance with this chapter, shall be considered part of the requirements of this code, and shall be known, designated and referred to as the "Building and Safety Codes" for the City of Walnut Creek:

a. Building Code, as set forth in Chapter 1 of this title.

b. Electrical Code, as set forth in Chapter 3 of this title.

c. Plumbing Code, as set forth in Chapter 4 of this title.

d. Housing Code, as set forth in Chapter 5 of this title.

e. Mechanical Code, as set forth in Chapter 6 of this title.

f. Dangerous Buildings Code, as set forth in Chapter 7 of this title.

g. Earthquake Hazard Reduction in Existing Buildings, as set forth in Chapter 14 of this title.

h. Energy Code, as set forth in Chapter 17 of this title.

i. Historical Building Code, as set forth in Chapter 18 of this title.

j. Fire Code, as set forth in Chapter 19 of this title.

k. Residential Code, as set forth in Chapter 20 of this title.

l. Green Building Code, as set forth in Chapter 21 of this title.

m. Existing Building Code, as set forth in Chapter 22 of this title.

(§ 3, Ord. 2201, eff. 1/1/2020)

The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, occupancy, and maintenance or use of all buildings and structures, electrical conductors and equipment, plumbing and drainage systems, mechanical systems, heating, ventilating, cooling, refrigeration systems, or other heat-producing appliances, swimming pools, spas or hot tub systems, or solar energy systems within this jurisdiction.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)

The provisions of this code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of any buildings and structures, electrical conductors and equipment, plumbing and drainage systems, mechanical systems, heating, ventilating, cooling, refrigeration systems, or other heat-producing appliances, swimming pools, spas or hot tub systems, or solar energy systems within this jurisdiction.

Additions, alterations, repairs and replacement of buildings, structures, equipment or systems shall comply with the provisions for new buildings, structures, equipment and systems except as otherwise provided in Section 9-0.5.104 of this code.

Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)

a. Additions, Alterations or Repairs. Additions, alterations or repairs may be made to any building, structure, or electrical conductors and equipment, plumbing and drainage systems, mechanical systems, swimming pools, spas or hot tub systems, or solar energy systems without requiring the existing systems to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure or system. Additions, alterations or repairs shall not cause an existing building, structure or system to become unsafe, unhealthy or overloaded.

Minor additions, alterations and repairs to existing buildings, structures, or electrical conductors and equipment, plumbing and drainage systems, mechanical systems, swimming pools, spas or hot tub systems, or solar energy systems may be installed in accordance with the law in effect at the time the original installation was made, when approved by the Building Official.

b. Existing Installations. Buildings, structures, electrical conductors and equipment, plumbing and drainage systems, mechanical systems, swimming pools, spas or hot tub systems, or solar energy systems lawfully in existence at the time of the adoption of this code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life, health or property has been created by such building, structure, equipment or systems.

c. Changes in Building Occupancy. Electrical conductors and equipment, plumbing and drainage systems and mechanical systems which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Building Code, shall comply with all requirements of this code which may be applicable to the new use or occupancy.

d. Maintenance. All buildings and structures, electrical, plumbing and drainage systems, mechanical systems, swimming pools, spas, hot tubs, and solar energy systems, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or his or her designated agent shall be responsible for maintenance of such systems and equipment. To determine compliance with this subsection, the Building Official may cause any such systems or equipment to be reinspected.

e. Moved Buildings. Buildings or structures, electrical, plumbing and drainage systems, mechanical systems, swimming pools, spas, hot tubs, and solar energy systems or equipment which are a part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this code for new installations.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided any such alternate has been approved and the use authorized by the Building Official.

The Building Official may authorize any alternate material, design or method of construction, provided he finds the proposed material, design or method of construction is satisfactory for the intended use and complies with the intent of the provisions of this code and that the material, design or method of construction offered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, fire resistance, durability, safety, and sanitation.

The Building Official shall require sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. The details of any action granting approval of an alternate shall be recorded and shall be entered in the files of the code enforcement agency.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)

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

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternate materials or methods, 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 in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall specify the testing procedures.

All tests shall be performed by an approved agency. Reports of tests shall be retained by the Building Official for the period required for retention of public records.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)

Repealed by §3, Ord. 2159, eff. 1/1/17.

(§ 3, Ord. 2120, eff. 1/2/2014)

Whenever there exists a conflict between the provisions of this chapter and the provisions of a building and safety code, the provisions that establish the higher standards of safety or that are more restrictive shall govern.

(§ 3, Ord. 2120, eff. 1/2/2014)

Any person who violates any provision of this title shall be deemed guilty of a misdemeanor or an infraction.

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in Section 1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment.

(§ 1, Ord. 1711, eff. 12/1/1988; and § 2, Ord. 2065, eff. 1/1/2008)