Yuba County Municipal Code Art. 3 Administration

The Yuba County Building Department ("Building Department"), as part of the Community Development and Services Agency, is hereby charged with and shall enforce the provisions of this Code. The official in charge of the Building Department shall be known as the Chief Building Official.

(Ord. No. 1527)

The Chief Building Official ("Building Official") shall be appointed by the County Administrator of the jurisdiction.

(Ord. No. 1527)

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint deputies that shall act as technical officers, inspectors, plan examiners and other employees and/or outside contractors. Such employees and/or contractors shall have powers as delegated by the Building Official.

(Ord. No. 1527)

(a) General. The Building Official is hereby authorized and directed to enforce the administrative and technical provisions of this Code. The Building Official shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code.

(b) Applications and permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code. The Building Official may require as a condition of receiving a building permit that the permittee, or the permittee's designee, participate in a preconstruction meeting (CHSC 19872).

(c) Inspections. The Building Official shall make, or cause to make, all of the inspections required herein, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise. The Building Official is authorized to make, or cause to make, any other inspections deemed necessary to carry out the provisions of this Code.

(d) Identification. The Building Official and his or her deputies shall carry proper identification, issued by the Building Department, when inspecting structures or premises in the performance of duties under this Code.

(e) Right of entry. Where it is necessary to make an inspection to enforce the provisions of this Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

(f) Department records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and any notices. Such records shall be retained in the official records of the department for the period required by this Code in Section 10.05.470 (California Health and Safety Code §§ 19850-19853).

(g) Notices. The Building Official shall issue all necessary Notices, described herein, to ensure compliance with this Code.

(h) Liability. The Building Official, members of the board of appeals or current or past employees in good standing with the County, that is or was charged with the enforcement of this Code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer, or employee, past or current, because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by legal representative by the County of Yuba until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this Code.

(Ord. No. 1527)

(a) Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this Code, the Building Official shall have the authority to grant modifications for individual cases, upon written application of the owner or owner's representative along with good cause, provided the Building Official shall first find that special individual reason makes the strict letter of this Code impractical and the modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be documented and entered in the files of the Building Department.

(b) Listed and approved materials and equipment. Listed materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with their listing.

(c) Used materials and equipment. The use of used materials which meet the requirements of this Code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official.

(d) Unlisted, alternative materials, design and methods of construction and equipment. 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 that any such alternative has been approved. An alternative material, design or method of construction shall meet the satisfaction of the Building Official and may be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety.

(e) Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not listed or are not specifically provided for in this Code, shall consist of valid research reports from approved sources.

(f) Tests. 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 evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to 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 approve the testing procedures. Tests shall be performed by an approved testing agency. Reports of such tests shall be retained in the building department file.

(Ord. No. 1527)