CHAPTER 15.04
CONSTRUCTION CODES – ADOPTED BY REFERENCE
Section
15.04.020 Incorporation of reference material
15.04.040 Modifications to the California Building Code
15.04.050 Modifications to the California Residential Code
15.04.060 Modifications to the California Electrical Code
15.04.070 Modifications to the California Mechanical Code
15.04.080 Modifications to the California Plumbing Code
15.04.100 Construction and applicability
15.04.110 Construction permits and inspection fees
15.04.130 Fees for permits and inspection
15.04.010 PURPOSE.
The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling building, plumbing, heating and electrical installations of all buildings and structures within the City.
(Ord. 956, § 2, passed 01-27-2020)
15.04.020 INCORPORATION OF REFERENCE MATERIAL.
Subject to applicable sections of this title, the following primary and secondary codes are hereby adopted and incorporated into the Fort Bragg City Code by reference and as having the full legal effect as if their respective contents were set forth verbatim herein:
A. California Administrative Code, 2019 Edition, Part 1, as published by the International Code Council.
B. California Building Code, 2019 Edition, Part 2, Volumes I and II, together with Appendix C (Agricultural Buildings); Appendix G (Flood Resistant Construction); Appendix H (Signs); and Appendix I (Patio Covers) as published by the International Code Conference subject to the changes and modifications set forth in § 15.04.040 and other provisions of this title.
C. California Residential Code, 2019 Edition, Part 2.5, together with Appendix H (Patio Covers); Appendix J (Existing Building and Structures); Appendix K (Sound Transmission); Appendix R (Light Straw-Clay Construction); Appendix S (Strawbale Construction); and Appendix V (Swimming Pool Safety Act), as published by the International Code Council, subject to the changes and modifications set forth in § 15.04.050 and other provisions of this title.
D. California Electrical Code, 2019 Edition, Part 3, together with Annex H (Administration and Enforcement) as published by the National Fire Protection Association subject to changes and modifications set forth in § 15.04.060 and other provisions of this title.
E. California Mechanical Code, 2019 Edition, Part 4, as published by the International Association of Plumbing and Mechanical Officials subject to the changes and modifications set forth in § 15.04.070 and other provisions of this title.
F. California Plumbing Code, 2019 Edition, Part 5, together with Appendix A (Recommended Rules for Sizing the Water Supply System); Appendix B (Explanatory Notes on Combination Waste and Vent Systems); Appendix D (Sizing Storm Water Drainage Systems); Appendix I (Installation Standard); Appendix J (Combination of Indoor and Outdoor Combustion and Ventilation Opening Design), as published by the International Association of Plumbing and Mechanical Officials, subject to the changes and modifications set forth in § 15.04.080 and other provisions of this title.
G. California Energy Code, 2019 Edition, Part 6, as published by the International Code Council.
H. California Historical Building Code, 2019 Edition, Part 8, as published by the International Code Council.
I. California Existing Building Code, 2019 Edition, Part 10, as published by the International Code Council.
J. California Green Building Standards Code, 2019 Edition, Part 11, as published by International Code Council.
K. California Referenced Standards Code, 2019 Edition, Part 12, as published by the International Code Council.
(Ord. 956, § 2, passed 01-27-2020)
15.04.030 DEFINITIONS.
Whenever any of the following names or terms are used in any of the compilations adopted by reference by this chapter such names or terms shall have the following meanings:
BUILDING OFFICIAL refers to the Community Development Director of the City or his or her contracted official or designee;
ENFORCEMENT AGENCY shall refer to the Building Inspection Department of the City or designated department or entity.
(Ord. 956, § 2, passed 01-27-2020)
15.04.040 MODIFICATIONS TO THE CALIFORNIA BUILDING CODE.
The California Building Code, 2019 Edition, as adopted in § 15.04.020(B), is adopted with the following changes and modifications:
Section 105.3.2 shall be amended to read as follows:
Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the City Council.
Section 105.5 shall be amended to read as follows:
Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 180 calendar days from the submittal of the revisions.
For permits which have not expired, the Building Official is authorized to grant one or more extensions of time for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.
Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a reinstatement fee established by the City Council.
Section 109.6 shall be amended to read as follows:
Refunds.
1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.
3. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.
Appendix H: Signs: Section H101.1 shall be amended to include the following as a second paragraph:
Notwithstanding any other provision of this appendix, all external lighting for signs shall be designed to be shielded or downcast in order to minimize the illumination of the nighttime sky.
Appendix H: Signs: Section H101.2 shall be amended to read as follows:
Signs exempt from permits. The following signs are exempt from the requirements to obtain a permit before erection:
1. Non-illuminated signs painted on exterior surface of existing permitted or legal nonconforming buildings or structures.
2. Temporary signs announcing the sale or rent of property.
3. Signs erected by transportation authorities.
4. Projecting signs not exceeding 2.5 square feet (0.23 m 2).
5. The changing of moveable parts of an approved sign that is designed for such changes, or the repainting or repositioning of display matter shall not be deemed an alteration.
6. Temporary signs on grade that are no higher than 7 feet in height above grade and no more than 32 square feet in size.
Exemption from the permit requirements of this Section shall not be deemed to grant authorization for any work done in any manner in violation of the provisions of Titles 17 or 18 of the Fort Bragg Municipal Code, or any other laws or ordinances of this jurisdiction.
Appendix H: Signs: Section H105.3 shall be amended to read as follows:
Wind load. Signs shall be designed and constructed to withstand wind pressure as provided for in Chapter 16. Exception: The Building Official may waive the engineering design requirements for signs if he/she finds that the signs will not create a hazard to private or public property due to the type, size, location or placement of the sign.
Appendix H: Signs: Section H105.4 shall be amended to read as follows:
Seismic load. Signs designed to withstand wind pressures shall be considered capable of withstanding earthquake loads, except as provided for in Chapter 16. Exception: The Building Official may waive the engineering design requirements for signs if he/she finds that the signs will not create a hazard to private or public property due to the type, size, location or placement of the sign.
(Ord. 956, § 2, passed 01-27-2020)
15.04.050 MODIFICATIONS TO THE CALIFORNIA RESIDENTIAL CODE.
The California Residential Code, 2019 Edition, as adopted in § 15.04.020(C), is adopted with the following changes and modifications:
Section R105.3.2 shall be amended to read as follows:
Time limitation of application. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the City Council.
Section R105.5 shall be amended to read as follows:
Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 180 calendar days from the submittal of the revisions.
For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.
Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a reinstatement fee established by the City Council.
Section R108.5 shall be amended to read as follows:
Refunds.
1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.
3. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.
(Ord. 956, § 2, passed 01-27-2020)
15.04.060 MODIFICATIONS TO THE CALIFORNIA ELECTRICAL CODE.
The California Electrical Code, 2019 Edition, as adopted in § 15.04.020(D), is adopted with the following changes and modifications:
Annex H, Section 80.15, Electrical Board, is deleted.
Annex H, Section 80.19(E) shall be amended to read as follows:
(E) Fees and Fee Refunds.
(1) Any political subdivision that has been provided for electrical inspection in accordance with the provisions of Article 80 may establish fees that shall be paid by the applicant for a permit before the permit is issued.
(2) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
(3) The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.
(4) The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
(5) The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.
Annex H, Section 80.19(H) shall be amended to include the following as a new paragraph (4):
(4) Time limitation of application. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the City Council.
Annex H, Section 80.19(H)(7) shall be amended to include the following new paragraph (5):
(5) Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 180 calendar days from the submittal of the revisions.
For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.
Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a reinstatement fee established by the City Council.
Annex H, Section 80.23, Notices of Violations, Penalties: Subsection (B)(3) is deleted.
Annex H, Section 80.27, Inspector Qualifications, is deleted.
(Ord. 956, § 2, passed 01-27-2020)
15.04.070 MODIFICATIONS TO THE CALIFORNIA MECHANICAL CODE.
The California Mechanical Code, 2019 Edition, as adopted in § 15.04.020(E), is adopted with the following changes and modifications:
Section 104.3.3 shall be amended to read as follows:
Section 104.3.3 Time Limitation of Application. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in any time, for periods of not more than 180 calendar days each. Each extension requires payment of a fee as established by the City Council.
Section 104.4.3 shall be amended to read as follows:
Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 180 calendar days from the submittal of the revisions.
For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.
Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official.
In order to renew action on an expired permit, the permit holder shall pay a reinstatement fee established by the City Council.
Expiration of Plan Review. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the City Council.
Section 104.5, Subsection 104.5.3, Fee Refunds, shall be amended to read as follows:
Fee Refunds.
1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.
3. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.
(Ord. 956, § 2, passed 01-27-2020)
15.04.080 MODIFICATIONS TO THE CALIFORNIA PLUMBING CODE.
The California Plumbing Code, 2019 Edition, as adopted in § 15.04.020(F), is adopted with the following changes and modifications:
Section 104.4.3 shall be amended to read as follows:
Expiration: Every permit issued shall become invalid if the work on the site authorized by such permit is not commenced within one (1) year (365 calendar days) after the issuance of said permit and an inspection resulting in an approval of the work has not been obtained; or if after the first inspection approval the work does not receive an inspection resulting in an approval every year (365 calendar days). However, this provision will not apply if the permit was issued to legalize previously unpermitted construction. In those cases, the timelines for the permit to remain valid will correspond with any timelines the Department has set for compliance. Extensions may be granted as indicated in this section. The submittal of revisions to issued permits, if pursued in good faith as determined by the Building Official, shall extend the building permit 180 calendar days from the submittal of the revisions.
For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official.
Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a reinstatement fee established by the City Council.
Expiration of Plan Review. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the City Council.
Section 104.5.3 shall be amended to read as follows:
Fee Refunds.
1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit.
3. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment.
Section 603.5.7 shall be amended to read as follows:
Outlets with Hose Attachments. Potable water outlets with hose attachments, other than water heater drains, boiler drains, and clothes washer connections, shall be protected by a nonremovable hose bibb-type backflow preventer, a nonremovable hose bibb-type vacuum breaker, or by an atmospheric vacuum breaker installed not less than 6 inches (152 mm) above the highest point of usage located on the discharge side of the last valve. In climates where freezing temperatures occur, a listed self-draining frost-proof hose bibb with an integral backflow preventer or vacuum breaker shall be used. One exterior hose bibb supplied by potable water shall be installed on each structure containing a Group R, Division 3 or Division 1 Occupancy.
(Ord. 956, § 2, passed 01-27-2020)
15.04.090 CURBS AND SIDEWALKS.
A. Curbs and sidewalks shall be required and constructed along the frontage of any public street, upon any lot, parcel or piece of ground upon which any new construction in excess of 250 square feet of floor space is being built; or upon which any alteration or improvements are being made the cost of which exceeds 50% of the value of the existing structure prior to the construction of said alterations or improvements.
B. The construction of the sidewalk and curb shall be in conformance with the California Building Code referred to in § 15.04.020 and in conformance with the standards set forth in Chapter 12.04.
C. Curb cuts are to be utilized such that road or parking lot runoff drains to a landscaped feature.
(Ord. 956, § 2, passed 01-27-2020)
15.04.100 CONSTRUCTION AND APPLICABILITY.
The regulations and provisions contained in the body of this title shall prevail over any inconsistent provision contained in any primary or secondary code adopted hereby; provided, however, that in the case of inconsistent regulations, no regulation shall prevail which is less stringent than the regulations established by the State of California.
(Ord. 956, § 2, passed 01-27-2020)
15.04.110 CONSTRUCTION PERMITS AND INSPECTION FEES.
Except as otherwise exempted by the California Building Code and/or other City ordinances, no person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, occupy, remove, convert, or demolish any building or structure in the area of the City or cause the same to be done without first obtaining a separate building permit for each such building or structure as required by this title. Permits shall be issued and fees collected by the Building Official or his or her designee. The schedule of fees collected are set by resolution by the City Council as may be amended from time to time.
(Ord. 956, § 2, passed 01-27-2020)
15.04.120 FIRE ZONE DEFINED.
For the purpose of this chapter the entire City is Fire Zone Three.
(Ord. 956, § 2, passed 01-27-2020)
15.04.130 FEES FOR PERMITS AND INSPECTION.
Except as otherwise exempted by the California Building Code or City ordinance, no person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, occupy, remove, convert or demolish any building or structure, or install, alter or repair any plumbing, heating or electrical items, without first obtaining a permit or combination of any such permits for each such building or structure. Any person filing applications for permits shall, at the time of filing an application therefor, pay to the Building Department the fee set forth by the City as the fee schedule is amended and adopted from time to time. A copy of the latest fee schedule in effect is on file with the City Clerk.
(Ord. 956, § 2, passed 01-27-2020)
15.04.140 PENAL PROVISIONS.
A. The Building Official of the City or the Acting Building Inspector as designated by the City Manager shall have the authority to issue citations for violations of the following chapters of this code:
1. Chapter 15.04 (Construction Codes – Adopted by Reference);
2. Chapter 15.08 (Building and Fire Department Permits);
3. Chapter 15.12 (House Numbering);
4. Title 17 (Chapters 17.10 through 17.98);
5. Title 18 (Chapters 18.10 through 18.98).
B. The persons designated in subsection (A) of this section (hereinafter referred to as Building Official) shall have the power to issue citations within the City pursuant to those sections of this code set forth in subsection (A) of this section. The Building Official is authorized by the ordinance codified in this section to arrest persons, without a warrant, whenever the Building Official has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of state statute or City ordinance which the Building Official has a duty to enforce.
C. In any case in which a person is arrested pursuant to subsection (A) or (B) of this section, and the person arrested does not demand to be taken before a magistrate, the Building Official making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.6) of the California State Penal Code. The provisions of such chapter (5C of the Penal Code) shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.
D. Violations of Chapters 15.04, 15.08, 15.12, and Titles 17 and 18 are declared to be infractions, and upon conviction thereof are punishable as provided in Chapter 1.12.
(Ord. 956, § 2, passed 01-27-2020)