Yreka Municipal Code Ch. 11.01 Uniform Codes

This chapter is enacted for the purpose of adopting rules and regulations pursuant to the State Housing Law and the Health and Safety Code, for the protection of the public health, safety and general welfare of the occupant and the public governing the creation, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court area, sanitation, ventilation and maintenance of any building used for human habitation; provided, however, that nothing in the codes adopted in this chapter shall be construed to prevent any person from performing his own building, mechanical, plumbing or electrical work when performed with the permits in compliance with this chapter.

(Ord. No. 831, § 3, 11-15-2012)

Whenever any of the following names or terms are used in this chapter or in any of the codes adopted by reference by this chapter, unless the context directs otherwise, such names or terms so used shall have the meaning ascribed thereto by this section:

(a) "Board of appeals," "housing advisory and appeals board" and any other reference to the appellate body, mean the board of appeals for the city of Yreka made up of five building official members who are building officials and/or building inspectors and/or construction industry personnel who are located within the jurisdictions of Siskiyou and Shasta Counties, appointed on a case-by-case basis. Building officials are well versed in the technical and administrative provisions of construction codes.

(b) The "accessibility appeals board" shall mean the board of appeals for the city of Yreka plus an additional two members having demonstrated experience dealing with accessibility standards and their applications, appointed on a case-by-case basis.

(c) All decisions by the board of appeals and by the accessibility appeals board shall be submitted in writing to the city council for final review. All actions found by the city council to be based on incomplete or inadequate analysis shall be referred back to the appropriate board for further deliberations.

(d) "Building official," "plumbing official," "chief," "electrical inspector," "fire code official," "administrative authority" and similar references to a chief administrative position mean the chief building official of the city of Yreka; provided, however, that:

(1) Where such terms are used in connection with those duties imposed by statute or ordinance upon the county health officer the terms shall include the county health officer;

(2) For the purpose of implementing the Uniform Building Code (Dangerous Building), Volume IV, Uniform Code for the Abatement of Dangerous Buildings, the term "authorized representative" of the "building official" shall refer to and include the director of environmental health and such personnel of the Siskiyou County department of environmental health as he may designate.

(e) "Building department," "electrical department," "plumbing department," "department of fire prevention," "office of administrative authority" or "housing department" means the building department of the city.

(f) "City clerk" means the ex officio clerk of the city council.

(g) "City council" or "mayor" means the governing elected officials of the city of Yreka.

(h) "Fire chief" means the chief of the fire department of the city wherein a particular building is or is to be located, or, for any area not within the city limits, the same shall mean the county fire warden designated by the board of supervisors.

(i) "Safety assessment" is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

(Ord. No. 831, § 3, 11-15-2012)

Subject to the modifications and amendments contained in this chapter, the following primary and secondary codes are adopted and incorporated into the codes of the city by reference and as having the same legal effect as if their respective contents were set forth in this chapter and which may be amended and/or corrected from time to time:

(a) The 2010 California Building Code (CBC) which references the International Building Code, 2009 Edition, together with Appendix J, as published by the International Code Council, Inc., and state amendments.

(b) The Uniform Housing Code, 1997 Edition, as published by the International Council of Building Officials, is adopted by reference as the housing code of the city.

(c) The 2010 California Plumbing Code which references the Uniform Plumbing Code, 2009 Edition, together with the appendices thereto, and state amendments as published by the International Association of Plumbing and Mechanical Officials is adopted by reference as the plumbing code of the city.

(d) The 2010 California Electric Code which references the National Electrical Code, 2008 Edition, as published by the National Fire Protection Association and state amendments is adopted by reference as the electrical code of the city.

(e) The 2010 California Mechanical Code which references the Uniform Mechanical Code, 2009 Edition, together with the appendices thereto, as published by the International Association of Plumbing and Mechanical Officials, and state amendments, is adopted by reference as the mechanical code of the city.

(f) The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Council of Building Officials, is adopted by reference as the dangerous buildings code of the city, with Section 205 amended as follows:

Section 205.1. In order to provide for final interpretation of provisions of this code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals as defined in City Code Section 11.01.020. The Building Official shall be an ex officio member of and shall act as secretary to said Board. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant, with a copy to the Building Official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official, who shall make them freely accessible to the public.

(g) The Uniform Sign Code, 1997 Edition, as published by the International Council of Building Officials, is adopted by reference as the sign code for the city with the following exception: Section 303 item 3 is deleted.

(h) The California Referenced Standards Code, 2010 Edition, together with appendices thereto, as published by the International Code Council, with state amendments, is adopted by reference as the building standards of the city.

(i) The 2010 California Fire Code which references the International Fire Code, 2009 Edition, as published by the International Code Council, including appendices, with state amendments, is adopted by reference as the fire code of the city.

(j) The California Building Standards Administrative Code, 1998 edition, as published by the International Conference of Building Officials, is adopted by reference as the building standards administrative code of the city, for fee schedules contained therein.

(k) The 2010 California Building Standards Administrative Code, as published by the California Building Standards Commission, is adopted by reference as the building standards administrative code of the city.

(l) The 2010 California Residential Code with Appendices (CRC), incorporating the 2009 edition of the International Residential Code, as published by the International Code Council, is adopted by reference as the residential code of the city.

(m) The 2010 California Green Building Standards Code, as published by the California Building Standards Commission, is adopted by reference as the green building standards code of the city.

(n) The California Energy Code, 2010 Edition published by the International Code Council, is adopted by reference as the energy code of the city.

(o) The California Historical Building Code, 2010 Edition published by the California Building Standards Commission, is adopted by reference as the historical building code of the city.

(p) The California Existing Building Code, 2010 Edition published by the California Building Standards Commission, is adopted by reference as the existing building code of the city.

(Ord. No. 831, § 3, 11-15-2012)

All construction, alteration, moving, demolition, repair and use of any building or structure within the city shall be made in conformance with the state code and any rules and regulations promulgated pursuant thereto and as they are amended from time to time, together with the amendments of such appendices as are specifically identified in this chapter as adopted by the city of Yreka.

(Ord. No. 831, § 3, 11-15-2012)

The city clerk shall maintain at least one copy of each primary code adopted by reference, and each secondary code pertaining thereto, at the office of the city clerk for public inspection while this chapter is in force.

(Ord. No. 831, § 3, 11-15-2012)

It is unlawful for any person, including utility companies, to connect electric power lines or liquefied petroleum gas or natural gas sources permanently to any building or structure for which a permit is required by this chapter until the final inspection has been made and the approval signed by the building inspector. This section shall not prohibit the erection and use of temporary power poles approved by the power company during the course of construction, when approved by the building official.

(Ord. No. 831, § 3, 11-15-2012)

No building permit shall be issued for which an encroachment or grading permit is required, unless and until the requirements prerequisite to the encroachment or grading permit have been met.

(Ord. No. 831, § 3, 11-15-2012)

No building permit shall be issued unless and until the building official is satisfied that the construction authorized by the permit will not violate any existing law or ordinance.

(Ord. No. 831, § 3, 11-15-2012)

It shall be the responsibility of anyone engaging in construction or demolition work to restrict the hours of work activity on the site as follows:

(a) No construction equipment shall be operated nor any outdoor construction or repair work shall be permitted within five hundred feet from any occupied residence except during the hours of seven a.m. to seven p.m., Monday through Saturday, and eight a.m. to five p.m., on Sunday. Interior work which would not create noise or disturbance noticeable to a reasonable person of normal sensitivity in the surrounding neighborhood shall not be subject to these restrictions.

(b) A request for an exception to the permitted construction hours and days may be granted by the chief building inspector for emergency work, to offset project delays due to inclement weather, for twenty-four-hour construction projects, or other similar occurrences.

(c) City projects determined by the director of public works to be emergencies shall be exempt from these provisions.

(Ord. No. 831, § 3, 11-15-2012)

(a) It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter.

(b) Any person, firm, corporation or other entity which violates any of the provisions of this chapter including any of the codes adopted by reference, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction shall be guilty of an infraction unless otherwise provided in this code.

(c) Any person, firm, corporation or other entity which is guilty of an infraction under this chapter shall be punished by:

(1) A fine not exceeding one hundred dollars for the first violation;

(2) A fine not exceeding five hundred dollars for a second or subsequent violation within one year.

Any failure to correct the condition for which the infraction is imposed within a period of seven days after the issuance of a citation, and for each seven-day period thereafter may be treated as a separate and additional violation subject to the same penalties set forth herein.

In addition to the penalties set forth above, any violation beyond the third conviction within a one-year period or any willful violation of this section which creates an immediate threat to the health, safety or welfare of the members of the public or the occupants of any structure in violation of this section may be charged as a misdemeanor punishable as provided in Chapter 1.04.

(d) In addition to the penalties set forth herein, any person, firm, corporation or other entity guilty of a violation of this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city in correction, abatement and prosecution of the violation.

(Ord. No. 831, § 3, 11-15-2012; Ord. No. 833, § 1, 12-20-2012)

(a) Pursuant to Section 836.5 of the California Penal Code, the chief building official, any deputy or assistant building official, agent or other employee of the building department of [the] city of Yreka is authorized to enforce the provisions of this chapter and to arrest or issue citations to violators thereof.

(b) The city manager shall have the power to designate by written order that particular officers and other individuals shall be authorized to enforce particular provisions of this chapter as described in subsection (a) of this section in addition to those persons set forth therein.

(c) Nothing in this chapter shall bar the city from using the enforcement procedures and penalties established in Title 1 of the Yreka Municipal Code.

(Ord. No. 831, § 3, 11-15-2012)

(a) Any contractor or subcontractor who applies for permits to do work within the city limits of the city shall be denied permits if he does not possess current valid city business licenses.

(b) Any permits issued in error to anyone not licensed by the city shall be revoked until such time as all fees are paid and licenses are valid.

(Ord. No. 831, § 3, 11-15-2012)

(a) Applications are to be signed by the property owner or a duly licensed contractor, engineer or architect.

(b) With each application for a building permit, and when required by the building official for enforcement of any provisions of this chapter, three sets of plans and specifications shall be submitted. The building official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.

(Ord. No. 831, § 3, 11-15-2012)

All structures or buildings classified in occupancy groups A, B, E, F, H, I, M, S and R-1 shall be designed in accordance with the Building and Professional Codes of the state of California.

(Ord. No. 831, § 3, 11-15-2012)

(a) The permits for occupancy groups A, B, F, E, H, I, M, S and R-1 will expire twelve months after issuance. The permit documents and plans or a retrievable document image of the permit documents and plans will be retained as a permanent record for the life of the structure.

(b) Permits for R-3 and U occupancy groups shall be valid for two years from the date of their issuance provided that the time limits of starting work or work stoppage are met. The permit documents and plans or a retrievable document image of the permit documents and plans will be retained as a permanent record for the life of the structure.

(Ord. No. 831, § 3, 11-15-2012)

Building permit fees shall be prescribed in Section 304 of the 1997 Uniform Administrative Code, except buildings shall be valued as determined by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.

(Ord. No. 831, § 3, 11-15-2012)

The city council shall establish a schedule of fees, as found in the master fee schedule, to be charged and collected for plan checking, inspection services performed, and for the issuance of permits. A copy of these fee schedules shall be kept in the office of the city clerk and shall be available for public inspection in all city offices where permits are issued.

(Ord. No. 831, § 3, 11-15-2012)

Chapter 1, Section 111.1 and CRC Section R110.1 shall be amended to add:

No building or structure shall be used or occupied without a certificate of occupancy. Such a certificate shall not be issued until compliance with all city requirements has been met. Occupying or using a structure without this approval constitutes a public nuisance.

(Ord. No. 831, § 3, 11-15-2012)

Chapter 1, Section 111.1 and CRC Section R110.1 shall be amended to add:

A certificate of occupancy shall not be issued until all applicable city ordinances, resolutions, regulations and the conditional use permit conditions have been complied with.

(Ord. No. 831, § 3, 11-15-2012)

Chapter 1 Section 110.3.10 and CRC Section R109.2 shall be amended to read as follows:

Final Inspection: To be made after final grading and the building is completed and ready for occupancy. This shall mean all electrical, plumbing and mechanical complete and ready for occupancy, as well as all floor covering installed and painting completed, as well as any required exterior landscaping complete with house, sidewalks and streets cleaned.

(Ord. No. 831, § 3, 11-15-2012)

CBC Chapter 16 & CRC R301.2 Climatic and Geographic Design Criteria

CBC 1608 & CRC R301.2.3 Snow Loads: are hereby amended as follows:

The minimum snow load in the City limits is 40 pounds per square foot for roof snow.

CBC 1609.3.2 Basic wind speed: is hereby amended to add as follows:

Siskiyou County is designated to be within a special wind region. In certain areas, the basic wind speed is higher, as determined by case studies and the approval of the building official.

The minimum Basic Wind Speed is 80 mph (b). For the area east of Butcher Hill, the minimum Basic Wind Speed is 90 mph (c). The wind speeds specified are "the Basic wind speed; m.p.h. Vfm)".

(Ord. No. 831, § 3, 11-15-2012)

In addition to the penalty provision provided in Section 11.01.090 of this chapter, violations of Chapter 11.01 shall be subject to enforcement and penalties as set out in Title 1 of the Yreka Municipal Code.

(Ord. No. 831, § 3, 11-15-2012)