Yuba County Municipal Code Art. 4 Permits, Document Submittal and Records

(a) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. As part of the application process and prior to permit issuance the permit applicant shall complete all necessary declarations regarding Worker's Compensation, Owner-Builder and State Contractor's Law (CHSC 19825-19829).

(1) Exception. Where, in an emergency situation, equipment replacements and/or repairs must be performed, the permit application shall be submitted within the next working business day to the Building Official.

(b) The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official may also prevent occupancy or use of a structure where in violation of this Code or of any other ordinances of this jurisdiction.

(Ord. No. 1527)

Exemptions from building permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction including but not limited to Development Code, Design Review and Zoning Regulations. Building permits shall not be required for the following:

A. Building.

1. One-story detached buildings not greater than 120 square feet used as storage sheds, playhouses or other uses accessory to a legally established, principally permitted use where the roof overhang is not more than 12 inches and no other services (plumbing, mechanical, electrical) are installed. Buildings shall not be placed or built within any mandatory setback or FEMA designated Flood Hazard Area and may be further regulated by the Development Code.

2. Fences not over seven feet high.

3. Oil derricks.

4. Walls constructed of concrete block, masonry block or equivalent material that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. (SEE 11.25.070:D)

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter or width is not greater than 2:1.

6. Outdoor surfacing such as sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Decks accessory to detached one- and two-family dwellings that are free-standing and not attached to any other structure; do not serve the exit door; and are not more than 30 inches above adjacent grade at any point. All decks shall at a minimum meet the requirements as set forth in Section R311.3 of the California Residential Code, Part 2.5.

8. General maintenance and finish work such as painting, flooring, cabinets, and counter tops.

9. Temporary motion picture, television and theater stage sets and scenery.

10. Prefabricated pools, accessory to a group R-3 Occupancy that are installed entirely above ground pursuant to the manufacturer's installation instructions, and that utilizes the equipment that is supplied with the pool and that equipment has not been altered. Exempted pools must comply with the California Swimming Pool Safety Act (reference California Health and Safety Code commencing with Section 115923).

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.

13. Decorative landscape features and structures that are accessory to detached one- and two-family dwellings, are free-standing and not attached to another structure, including the dwelling, and do not have a solid-covered roof including but not limited to arbors, trellises, and lattice work. Features or structure shall not be placed within any mandatory setback and may be further regulated by the Development Code.

14. Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches in height.

B. Electrical.

1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and television transmitting stations: The provisions of this Code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

C. Mechanical:

1. Portable, non-fixed, appliances and equipment utilizing power from a plug-cord connection to an existing receptacle.

2. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code.

3. Replacement of any minor part of a component piece of equipment that does not alter the approval of equipment or make such equipment unsafe.

4. Self-contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less.

D. Plumbing.

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

E. Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

F. Minor repairs. Minor repairs to buildings and/or structures for ordinary maintenance may not, at the discretion of the Building Official, require a building permit. Such repairs shall not include the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

(Ord. No. 1527; Ord. No. 1586)

A. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose. Unless the building official waives the need for any information listed below, the following shall accompany the application:

1. Scope of work—Identify and describe the work to be covered by the permit for which application is made.

2. Site/plot plan—Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work; see Section 10.05.450.B.5.

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section 10.05.450.

5. State the valuation of the proposed work.

6. Give such other data and information as required by the building official including but not limited to the declarations regarding Worker's Compensation, Owner-Builder and State Contractor's Law.

B. Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

C. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 12 months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official may grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated and an additional fee for permit processing, as set forth in Title XIII of the Yuba County Ordinance Code, shall be applied.

(Ord. No. 1527; Ord. No. 1586; Ord. No. 1611)

(a) Placement of permit and job-site placard. The building permit, or copy thereof, shall be kept on the site of the work until the completion of the project. In addition, the "Job Site" placard shall be posted at all times on the site in a conspicuous location, near the work being completed that is readily visible from the right-of-way or the driveway. Where a job site card has been issued, but has not been properly displayed, a stop work notice may be issued. Prior to any new inspections being schedule or made the fee for "Stop Work" as listed in Title XIII shall be paid.

(b) Expiration. Every permit issued shall expire, where no final approvals have been granted, 24 months after the issuance date. Where work on the site authorized by such permit has not commenced or if the work is suspended or abandoned for a period of 180 days after the time the work is commenced the permit authorizing such work shall become null and void. For the purposes of this Code, commencement of work shall mean successful completion of required inspections including their approvals (CHSC 19870:(5)).

(c) Suspension and revocation. The Building Official may suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Code.

(d) Permit renewal. Prior to permit expiration or where a permit has been expired for less than 180 days, the Building Official may renew a permit for one or more extensions of time. Extension shall be good for one calendar year. Where the permit has expired, the extension shall be requested in writing and justifiable cause demonstrated. The maximum fee for such extension shall be set in Title XIII of the Yuba County Ordinance Code and such fee may be reduced by pro-rating the amount on a per-month basis for the estimated time needed to final the permit.

(e) Permit reinstatement. One hundred eighty days or more after permit expiration or if a permit has been revoked or voided, the Building Official may reinstate an expired, suspended, revoked or voided permit where good cause has been presented in writing, construction documents have been previously approved or the documents have been modified to comply with this Code and the fee as prescribed by Title XIII of the Yuba County Ordinance has been paid. For the purposes of this provision, the reinstated permit shall be valid for the same time period as for a new permit.

(Ord. No. 1527)

A. General. The building official may issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official may, upon written request supported by good cause, to grant a one-time extension of not more than 90 days. An application for temporary permit shall be made to the building official and shall contain a plot plan that accurately, to a scale of ¼ inch per foot, identifies property lines, required setbacks (structure to structure, property lines to structures, septic and well locations), grading activities (a separate permit may be required), existing structures and the proposed structure. The application shall also contain a signed and notarized acknowledgement stating that the structure is temporary and must be removed by the permit expiration date and that failure to do so will result in the issuance of a Notice and Order to Abate Public Nuisance (pursuant to Chapter 7.36 of the Yuba County Ordinance Code) along with all applicable enforcement costs and penalties.

B. Conformance. Construction documentation and plan-check service as required by this code may be required by the Building Official; however the structure must conform to generally accepted construction and/or engineering practices and shall not pose a fire/life/safety hazard to the community. The building official shall collect the fee for temporary structures as prescribed in Title XIII of the Yuba County Ordinance Code. Inspections pursuant to this Section include, but are not limited to, apparent fire/life/safety hazards, verification of setbacks, construction method, ground-attachment, temporary plumbing and electrical services/fixtures. In addition, verification of the structure's final removal shall also be authorized by the permit.

C. Termination of approval. Where the temporary structure or use creates a hazard or is otherwise determined to be a public nuisance, the building official is authorized to terminate such permit for the temporary structure or use and to order the temporary structure or use to be discontinued. No refund of any fee paid pursuant to this section shall be reimbursed to the owner, applicant or authorized agent after a permit has been issued.

(Ord. No. 1527; Ord. No. 1560; Ord. No. 1586)

(a) Plan submittals.

(1) Shall contain sufficient information for the Building Official to review for code compliance.

(2) Consist of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in three (3) or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by law. Where special conditions exist, the Building Official may require additional construction documents to be prepared by a registered design professional.

a. Exception. The Building Official may waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Code.

(3) Be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and relevant laws, ordinances, rules and regulations, as determined by the Building Official.

(b) Plan information. Where specific or additional information is required by the Building Official, construction documents may include but not be limited to the following:

(1) Fire protection systems. Drawings for the fire protection system (s) shall be submitted to indicate conformance to this Code and the construction documents and shall be approved prior to the start of system installation.

(2) Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this Code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

(3) Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this Code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

(4) The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

(5) Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures and other improvements on the site, distances from lot lines and other required setbacks, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official may waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

(6) Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Yuba County Ordinance Code, Chapter 10.30, Federal Code of Regulations Chapter 44 and Section 1612.3.1 of the California Building Code.

(c) Deferred submittals.

(1) For the purposes of this Section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a specified period.

(2) Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official.

(3) Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Building Official.

(d) Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

(Ord. No. 1527)

(a) Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this Code and other pertinent laws or ordinances.

(b) Approval of documents. When the Building Official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative.

(c) Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this Code and has not been abandoned.

(1) Geotechnical Soils Reports. Where development has ceased, and land has laid fallow for two years or more, the approved geotechnical soils report maintained by the building department shall be updated with a supplemental geotechnical report. The supplemental report shall be issued by the same author of the original report. Where the original author is unable to provide the supplemental report the Building Official may accept a supplemental report from another certified individual, firm or corporation.

(d) Phased approval. The Building Official may issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

(e) Design Professional in responsible charge. When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

(1) The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

(Ord. No. 1527)

(a) Retention of construction documents (California Health and Safety Code § 19850). Commencing January 1, 2014, the building department shall maintain an official copy of plans for every building, for the life of the building, for which the building department issues a permit.

(1) Exception. This Section shall not apply to the following:

a. Single or multiple dwellings not more than two stories and a basement in height.

b. Garages and other structures appurtenant to buildings described in (1) above.

c. Farm or ranch buildings.

d. One-story, wood-framed buildings where the span between bearing walls does not exceed 25 feet.

(2) For the buildings described in the exception above, one set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work.

(b) Construction documents, plans and specifications as public records (California Health and Safety Code § 19851). Documents retained by the building department are public record and shall be open and available for inspection by the public, except for information specifically exempted under law shall be redacted from the file prior to inspection. The documents requested for inspection shall be made available as soon as practicable by the department, normally being one business day, and may only be viewed on the premises of the building department.

(c) Release of construction documents, plans and specifications (California Health and Safety Code § 19851). Documents, plans and specification may be released, in whole or in part, where the following provisions have first been met:

(1) Written permission from:

a. The certified, licensed or registered professional, or his/her successor, who signed the original documents.

b. The original or current owner of the building, or from the board of directors if the building is a common interest development.

c. The above requirements shall not apply where there is a proper order of the court or to any state agency.

(2) The person requesting copies or the release of documents shall also provide a signed affidavit, provided by the building department, which states following provisions:

a. That the copy of the plans shall only be used for the maintenance, operation, and use of the building.

b. That drawings are instruments of professional service and are incomplete without the interpretation of the certified, licensed, or registered professional of record.

c. That California Business and Professions Code § 5536.25 Subdivision (a) states that a licensed architect who signs plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to, or use of, those plans, specifications, reports, or documents where the changes are not authorized or approved by the architect that originally signed the plans.

(3) The requested documents shall not be released until a fee for administrative and reproduction costs have been paid to the department.

(Ord. No. 1527)