Wheatland Municipal Code Ch. 15.05 California Building Code

The 2022 California Building Code (codified in Part 2 of Title 24 of the California Code of Regulations), and Appendices C, I, J, L, and O to such Code, as based upon the 2021 International Building Code (IBC) published by the California Building Standards Commission, are hereby adopted by reference and incorporated in the Wheatland Building Code, subject to the amendments, deletions and additions set forth in this chapter. Copies of these documents are maintained in the office of the city's designated building official.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Section 105.2 Work exempt from permit, of the 2022 California Building Code is hereby amended by adding a sentence to read as follows:

R105.2 Work exempt for permit. Any work that is exempt from a building permit shall remain subject to other applicable City ordinances, resolutions, and regulations, including, but not limited to, the City's Subdivision Ordinance, Zoning Code, and design review requirements.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Section 105.2 Work exempt from permit — Building exceptions, of the California Building Code is amended to read as follows:

Building #1. One story detached residential accessory buildings used as tool and storage sheds, playhouses, or similar uses as determined by the City, provided the square footage does not exceed 120 square feet and the structure is built entirely above grade and is not located on a maintenance easement, on a public utilities easement, or on front and side street setbacks as required by the City's Zoning Code. The structure shall not exceed the height requirements set forth in the City's Zoning Code. The eave overhangs shall not extend more than 12 inches beyond the exterior wall of the structure. For fire protection purposes, the structure's location on the property shall be in compliance with the California Residential Code and the California Building Code, as those codes may be amended from time to time. All construction shall be in compliance with acceptable standards for construction as outlined in the Wheatland Building Code. Detached residential accessory structures on any size lot or parcels that include electrical and plumbing work shall not be exempt from building permit requirements.

Building #5. Item #5 is hereby deleted.

Building #6. Sidewalks and driveways, provided they are not part of an accessible path of travel required by the Wheatland Building Code.

Building #9. Prefabricated swimming pools accessory to a Group R3 occupancy that are less than 24 inches deep, do not exceed 5,000 gallons, and are installed entirely above grade and derive power from an existing ground fault circuit interrupter receptacle are exempt from the City's building permit requirements.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 495, 1/9/2024)

Section 105.5 Expiration, of the California Building Code is hereby amended to read as follows:

105.5 Expiration. Every permit issued by the City's Building Official under the provisions of this Code shall expire and become null and void if the building or work authorized by such permit is not commenced within 180 days after the date of issuance of the permit, or if the building or work authorized by the permit is suspended or abandoned for a period of 180 days at any time after the work is commenced.

Any person holding an unexpired permit, or where a permit has been expired for less than 180 days, under which work has commenced may apply for an extension of time to complete the work under that permit provided no changes have been or will be made to the plans that were originally submitted to the City. Renewal fees shall be determined by the Building Official per the provisions of Yuba County Code Title X, Chapter 10.05, Article 4, Section 10.05.430.

Any person holding a permit expired for 180 days or more or a permit that has been revoked or voided shall be subject to the provisions for permit reinstatement per the provisions of Yuba County Code Title X, Chapter 10.05, Article 4, Section 10.05.430.

For the purpose of this section, commencement of work shall be defined as the successful completion, inspection, and approval of the entire foundation system for the permitted building or structure, including the placement of concrete. If the permit is for a building or structure that does not include a foundation, then the City's Building Official or designee will determine that the work has commenced if, in the discretion of the Building Official or his or her designee, the amount of work completed shows a good faith effort to substantially perform the work authorized by the permit.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 495, 1/9/2024)

Section 1.8.4.2 Fees, and 109.2 Schedule of permit fees, of the California Building Code are hereby amended to read as follows:

Section 109.4 Work commencing before permit issuance, of the California Building Code is amended to read as follows:

109.4 Work commencing before permit issuance. Any person who commences any work for which a permit is required without first having obtained such permit shall be subject to a fee established by the Building Official. Such fee shall be in addition to the required permit fee and plan review fee. This provision shall not apply to emergency work when it is proved to the satisfaction of the Building Official that the work was urgently necessary and that it was not practical to obtain the required permit before commencement of the emergency work. In all such emergency cases, a permit must be obtained as soon as it is practical to do so. If there is an unreasonable delay in obtaining such permit, the applicable fee shall be charged notwithstanding the earlier emergency.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 495, 1/9/2024)

Section 1505.1.3 Roof coverings within all other areas, of the 2022 California Building Code is hereby amended to read as follows:

1505.1.3 Roof coverings within all areas. The roof covering on any structure regulated by this Code shall be a Class A roof assembly as classified in Section 1505.2. An existing structure with an existing wood shake or shingle roof shall replace the entire roof with a Class A roof assembly when increasing the area of the existing roof by a third or more, or when repairing, altering or replacing one third or more of the existing roof area.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Section 3109.2, California Swimming Pool Safety Act is hereby amended to add the following:

3109.2 California Swimming Pool Safety Act. A barrier complying with, California Swimming Pool Safety Act Section 115923, shall be installed to separate the pool from the general public in addition to the requirements of California Swimming Pool Safety Act Section 115922.

(Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Section C101.1 Scope, of the 2022 California Building Code is hereby amended by adding an Item #9 to read as follows:

C101.1 Scope. Item #9. Enclosed structures, other than within the dwelling unit, used exclusively for the cultivation of agricultural crops, such as medical or recreational marijuana.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Section C102.4 Allowable height and area, of the 2022 California Building Code is hereby added to read as follows:

C102.4 Allowable height and area. Buildings classified as Group U for the cultivation of marijuana shall not exceed the height and area limitations as set forth in the City of Wheatland Zoning Code Section 18.61.040, Indoor Cultivation.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Section C105 Permits required, of the 2022 California Building Code is hereby added to read as follows:

C105 Permits required. No person shall use any dwelling or structure for the cultivation of marijuana without first having to obtain a building, electrical and mechanical permit complying with the provisions of this Code and Chapters 15.07 and 15.08, as applicable.

Any dwelling or structure used for the cultivation of marijuana shall have a ventilation and filtration system that prevents marijuana plant odors from exiting the interior of the dwelling or structure complying with the California Mechanical Code, non-hazardous Product Conveying Systems.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Appendix "J" Section J101.1 Scope, of the 2022 California Building Code is hereby amended to read as follows:

J101.1 Scope. All references to the "Building Official" within this appendix are hereby amended to read "Building Officials" or "City Engineer". All grading operations within the City shall be performed in accordance with the applicable provisions of the Wheatland Building Code, the City's grading policies as established in the approved public works improvement standards, and any other City rules and regulations pertaining to grading operations.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Appendix "J" Section J101.2 Flood hazard areas of the 2022 California Building Code is hereby amended to read as follows:

J101.2 Flood hazard areas. All grading in flood hazard areas shall be performed in accordance with Chapter 15.20, Federal Management Agency (FEMA) regulations and guidelines, and any other City rules and regulations pertaining to grading operations in flood hazard areas.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Appendix "J" Section J101.3 Fees, of the 2022 California Building Code is hereby added to read as follows:

J101.3 Fees. Fees relating to grading permits shall be assessed in accordance with City's current established fee schedule.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Appendix "J" Section J103.1 Permits required, of the 2022 California Building Code is hereby amended to read as follows:

J103.1 Permits required. Except as specified in Section J103.2 of this Chapter, no person shall perform any grading over 10 cubic yards without first having obtained a grading permit from the City Engineer. A separate permit shall be obtained for each site and may cover both excavations and fills. Any site disturbance/grading over one acre in size or a land development project also may require an additional storm water discharge permit from the Regional Water Quality Control Board under the National Pollutant Discharge Elimination System (NPDES) program.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Appendix "J" Section J103.2 Exemptions, of the 2022 California Building Code is hereby amended by deleting Items #2, #5, and #6.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)

Appendix "J" Section J110.1 General, of the 2022 California Building Code is hereby amended to read as follows:

Section J110.1 General. Erosion control shall be in accordance with applicable provisions of the Erosion and Sediment Control Guidelines of the High Sierra Resource Conservation District and the City's erosion control grading requirements. Storm Water Pollution Prevention Plans shall be enforced in accordance with applicable federal, state and local laws and regulations, including the City's Public Works requirements.

(Ord. 451 § 5, 2013; Ord. 462 § 4, 2017; Ord. 469 § 4, 2018; Ord. 471 § 4, 2020; Ord. 495, 1/9/2024)