CHAPTER 15.04
CONSTRUCTION CODES – ADOPTED BY REFERENCE

Section

15.04.010    Purpose

15.04.020    Incorporation of reference material

15.04.030    Definitions

15.04.040    Modifications to the California Building Code

15.04.045    Modifications to California Electrical Code, California Plumbing Code and California Mechanical Code, 2016 Editions

15.04.050    Findings supporting modifications

15.04.060    Curbs and sidewalks

15.04.070    Construction and applicability

15.04.080    Construction permits and inspection fees

15.04.090    Fire zone defined

15.04.100    Fees for permits and inspection

15.04.110    Penal provisions

Statutory reference:

The Uniform Building Codes adopted by reference by Ord. 933, codified in Chapter 15.04, were enacted pursuant to the authority of Cal. Government Code §§ 50020 et seq. to comply with the requirements of the State Housing Law, Cal. Health and Safety Code §§ 17922 and 17958

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. 933, § 2, passed 09-25-2017)

15.04.020 INCORPORATION OF REFERENCE MATERIAL.

A.    This chapter refers to and incorporates into the Fort Bragg Municipal Code, in their entirety herein, the following primary and secondary code documents and materials:

1.    California Building Standards Code, 2016 Edition, Title 24 of the California Code of Regulations, including Part 2 (California Building Code), Part 7 (Elevator Safety Construction Code), Part 8 (California Historical Building Code), and Part 10 (California Building Conservation Code), as published by the International Code Council, subject to changes or modifications as set forth in this chapter.

2.    California Referenced Standards Code, Title 24, Part 12, 2016 Edition, as published by the International Code Council, subject to changes or modifications as set forth in this chapter.

3.    California Plumbing Code, 2016 Edition, as published by the International Association of Plumbing and Mechanical Officials, subject to changes or modifications as set forth in this chapter.

4.    California Mechanical Code, 2016 Edition, as published by the International Association of Plumbing and Mechanical Officials, subject to changes or modifications as set forth in this chapter.

5.    Uniform Housing Code, 1997 Edition.

6.    Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition.

7.    California Electrical Code, 2016 Edition, as published by the National Fire Protection Association, subject to changes or modifications set forth in this chapter.

8.    California Building Standards Administrative Code, Title 24, 2016 Edition, as published by the International Code Council.

9.    California Energy Code, California Code of Regulations, Title 24, Part 6, 2016 Edition.

10.    California Administrative Code, Title 25, Housing and Community Development, Chapters 2 and 3 as published by the Office of Administrative Hearings.

B.    Said reference materials shall be incorporated herein as same are modified and amended from time to time, including the latest adopted forms of said materials. A copy of each of said reference material in its latest form is on file in the Mendocino County Building Department office, 120 W. Fir Street, Fort Bragg, CA 95437.

(Ord. 933, § 2, passed 09-25-2017)

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 designee;

ENFORCEMENT AGENCY shall refer to the Building Inspection Department of the City.

(Ord. 933, § 2, passed 09-25-2017)

15.04.040 MODIFICATIONS TO THE CALIFORNIA BUILDING CODE.

A.    The California Building Code, 2016 Edition, as adopted in § 15.04.020, is adopted with the following changes and modifications:

1.    Chapter 1, Section 103 is deleted.

2.    Chapter 1, Section 105.2 shall be amended to read as follows:

105.2 Work Exempt from Permit. Exemptions from 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 standards for minimum setbacks and lot coverage requirements. Permits shall not be required for the following: Building:

a.    One story detached accessory buildings used for tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet.

b.    Fences not over 6 feet high.

c.    Retaining walls that are not over 4 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 III A liquids.

d.    Water tanks supported directly on grade if the capacity does not exceed 10,000 gallons and the ratio of height to diameter or width does not exceed 2:1.

e.    Sidewalks, decks, 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.

f.    Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

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

h.    Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy that are less than 24 inches deep, do not exceed 5000 gallons and are installed entirely above-ground.

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

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

k.    Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

l.    Signs no larger than six feet by eight feet, not more than six feet in height.

m.    Detached shade structures not more than 15 feet in height with no rigid roof covering or framing.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

3.    Chapter 1, Section 105.3.2 shall be amended to read as follows:

Section 105.3.2 Time limitation of application.

An application for a permit for proposed work shall be deemed to be abandoned one year after the date of filing, unless a permit is issued. No extensions are allowed.

Exceptions:

1)    If the Building Official has determined that the department has not followed policy.

2)    If the applicant can provide just cause satisfactory to the Building Official.

3)    If determined by the Building Official that the building, electrical, plumbing, mechanical, fire or energy codes have not changed so as to affect the construction requirements for the proposed work.

4.    Chapter 1, Section 105.5 shall be amended to read as follows:

Section 105.5 Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months from the date of issuance of such permit, or if the building, or work authorized by such permit receives no written compliance notice or inspection approval within a six month period. Before such work can be recommenced, a reinstatement shall first be obtained to do so, and payment of the fee pursuant to the fee resolution adopted by the City Council and as amended from time to time, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further such permit has not been reinstated twice before and that such suspension or abandonment has not exceeded one year. In order to renew action on a permit expired longer than one year or reinstated twice before, a new full permit fee shall be paid.

    Any Permittee holding an unexpired permit may apply for an extension of time of 180 days from the date the permit will expire and pay a extension fee pursuant to the fee resolution adopted by the City Council and as amended from time to time within which he/she may commence or continue work under that permit, when he/she is unable to commence or continue within the time required by this section. The Building Official may extend the time for action by the Permittee for a period not exceeding six months upon written request by the Permittee. No permit shall be extended more than twice. In order to renew action on a permit after expiration, the Permittee shall pay a fee pursuant to the fee resolution adopted by the City Council as amended from time to time.

5.    Chapter 1, Section 109.4 shall be amended to add the following:

Section 109.4.1 Where work has been performed or authorized by someone other than the present property owner and the present property owner acquired an interest in the property prior to January 1, 1987, then the investigative fee is hereby waived.

6.    Chapter 1, Section 109.6 shall be amended to read as follows:

a.    The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

b.    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 or (up to two years if said permit had been extended as per Section 105.5) after the date of issuance of the permit.

c.    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.

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.

7.    Chapter 1, Section 111.1 shall be amended to add the following:

Section 111.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefore as provided herein or has provided written authorization to use or occupy. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

Exception: Group R 3 or U occupancies

    No building or structure of the Group R, Division 3 Occupancy (dwellings) or U shall be used or occupied prior to obtaining the final inspection approval, except as exempted by Section 15.04.040(A)(2).

8.    Chapter 1, Section 111.2 shall be amended to read as follows:

Section 111.2 Certificate Issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this Code or other laws which are enforced by the code enforcement agency, the Building Official shall issue a Certificate of Occupancy which shall contain the following:

a.    The building permit number.

b.    The address of the building.

c.    The name and address of the owner.

d.    The occupancy type.

e.    The type of construction.

9.    Chapter 2, Section 202, Definitions: A new definition is added to read as follows:

a.    SUBSTANDARD BUILDING (RESIDENTIAL): General. Any building or portion thereof that is determined to be an unsafe building in accordance with Section 116 of the California Building Code, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard buildings.

b.    INADEQUATE SANITATION: Buildings or portions thereof shall be deemed substandard when they contain inadequate sanitation. Inadequate sanitation shall include, but not be limited to, the following:

(1)    Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house.

(2)    Lack of or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

(3)    Lack of or improper kitchen sink in a dwelling unit.

(4)    Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.

(5)    Lack of adequate heating facilities.

(6)    Lack of or improper operation of required ventilating equipment.

(7)    Lack of minimum amounts of natural light and ventilation required by this code.

(8)    Room and space dimensions less than required by this code.

(9)    Lack of required electrical lighting.

(10)    Dampness of habitable rooms.

(11)    Infestation of insects, vermin or rodents as determined by the health officer.

(12)    General dilapidation or improper maintenance.

(13)    Lack of connection to required sewage disposal system.

(14)    Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer.

c.    STRUCTURAL HAZARDS: Buildings or portions thereof shall be deemed substandard if they contain structural hazards. Structural hazards shall include, but not be limited to, the following:

(1)    Deteriorated or inadequate foundations.

(2)    Defective or deteriorated flooring or floor supports.

(3)    Flooring or floor supports of insufficient size to carry imposed loads with safety.

(4)    Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

(5)    Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

(6)    Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split or buckle due to defective material or deterioration.

(7)    Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

(8)    Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration.

(9)    Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety.

d.    NUISANCE: Buildings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings.

e.    HAZARDOUS ELECTRICAL WIRING: Electrical wiring that was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner shall be considered substandard.

f.    HAZARDOUS PLUMBING: Plumbing that was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not free of cross connections or siphonage between fixtures shall be considered substandard.

g.    HAZARDOUS MECHANICAL EQUIPMENT: Mechanical equipment that was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good and safe condition shall be considered substandard.

h.    FAULTY WEATHER PROTECTION: Buildings or portions thereof shall be considered substandard when they have faulty weather protection, which shall include, but not limited to, the following:

(1)    Deteriorated, crumbling or loose plaster.

(2)    Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

(3)    Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(4)    Broken, rotted, split or buckled exterior wall coverings or roof coverings.

i.    FIRE HAZARD: Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered substandard.

j.    FAULTY MATERIALS OF CONSTRUCTION: The use of materials of construction, except those that are specifically allowed or approved by the California Building Code, and that have been adequately maintained in good and safe condition, shall cause a building to be substandard.

k.    HAZARDOUS OR UNSANITARY PREMISES: The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions on a premises constitutes fire, health or safety hazards that shall be abated.

l.    INADEQUATE EXITS: Except for those buildings or portions thereof that have been provided with adequate exit facilities conforming to the provisions of the California Building Code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard.

        Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exits, or when other conditions exist that are dangerous to human life.

m.    INADEQUATE FIRE PROTECTION OR FIREFIGHTING EQUIPMENT: Buildings or portions thereof shall be considered substandard when they are not provided with the fire resistive construction or fire extinguishing systems or equipment required by the Building Code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

n.    IMPROPERTY OCCUPANCY: All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes that were not designed or intended to be used for such occupancies shall be considered substandard.

o.    DANGEROUS BUILDING (RESIDENTIAL, COMMERCIAL OR INDUSTRIAL): For the purpose of the California Building Code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.

(1)    Whenever any door, aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(2)    Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(3)    Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the California Building Code for new buildings of similar structure, purpose or location.

(4)    Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structure strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the California Building Code for new buildings of similar structure, purpose or location.

(5)    Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(6)    Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the California Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the California Building Code for such buildings.

(7)    Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(8)    Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

(9)    Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(10)    Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

(11)    Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

(12)    Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(13)    Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the California Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

(14)    Whenever any building or structure which whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength; (ii) fire resisting qualities or characteristics, or (iii) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

(15)    Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(16)    Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

(17)    Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(18)    Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

10.    Section 1208.4 is amended to read as follows:

Section 1208.4 An efficiency dwelling unit shall conform to the requirements of the Code except as herein provided:

a.    The unit shall have a living room of not less than 150 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two.

b.    The unit shall be provided with a separate closet.

c.    The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be provided.

d.    The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

11.    Section 1803.1.1 shall be amended to read as follows:

Section 1803.1.1 General. Foundations and soils investigations shall be conducted in conformance with Sections 1803.1.1.1 through 1803.7. Where required by the Building Official, the classification and investigation of the soil shall be made by a registered design professional.

    Exception 1: R and U occupancies, unless the Building Official determines that the areas of the foundation is likely to have expansive, compressible, shifting, liquefaction possibilities, high moisture content, slides, slumps, soils creep, high erosion, previous fill placement or any other unknown soil characteristics.

    Exception 2: Commercial building, industrial building or critical facility addition less than 250 square feet unless it is determined by the Building Official that the foundation will be in an area likely to have expansive, compressible, shifting, liquefaction possibilities, high moisture content, slides, slumps, soils creep, high erosion, previous fill placement or any other unknown soil characteristics.

12.    Appendix H, Signs. Section H105.1 shall be amended to add the following:

Exception: The Building Official may waive the requirements for engineering design requirements for signs if he/she finds that the signs will not be a hazard to the general public or private and public property due to the type, size, location or placement of the sign.

13.    Appendix J shall be amended to add the following.

J103.2 Exemptions. A grading permit shall not be required for the following:

a.    When determined by the Building Official, grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

b.    Cemetery graves.

c.    Excavations for wells, or trenches for utilities.

d.    Exploratory excavations performed under the direction of a registered design professional.

Exemption from the permit requirements of this appendix 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.

(Ord. 933, § 2, passed 09-25-2017)

15.04.045 MODIFICATIONS TO CALIFORNIA ELECTRICAL CODE, CALIFORNIA PLUMBING CODE AND CALIFORNIA MECHANICAL CODE, 2016 EDITIONS.

A.    The California Electric Code, 2016 Edition, as adopted in § 15.04.020, is adopted with the following change and modification:

1.    Section 105, Permits, shall be amended to read as follows:

[A] 105.5 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months from the date of issuance of such permit, or if the building, or work authorized by such permit receives no written compliance notice or inspection approval within a six month period. Before such work can be recommenced, a reinstatement shall first be obtained to do so, and the fee therefore shall be set by resolution of the City Council as amended from time to time for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further such permit has not been reinstated twice before and that such suspension or abandonment has not exceeded one year. In order to renew action on a permit which has been expired longer than one year or which has been reinstated twice before, a new full permit fee shall be paid.

    Any Permittee holding an unexpired permit may apply for an extension of time within which he/she may commence or continue work under that permit when he/she is unable to commence or continue within the time required by this section. The Building Official may extend the time for action by the Permittee for a period not exceeding six months upon written request by the Permittee. No permit shall be extended more than twice. In order to renew action of a permit after expiration, the Permittee shall pay a reinstatement fee.

B.    The 2016 Edition of the California Plumbing Code as adopted in § 15.04.020 is adopted with the following modification:

1.    Chapter 1 Section 104.4.3 shall be amended to read:

    Section 104.4.3 Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 12 months from the date of such permit, or if the work authorized by such permit receives no written compliance notice or inspection approval within a six month period. Before such work can be recommenced, a reinstatement shall first be obtained to do so, and the fee therefore shall be set by resolution of the City Council as may be amended from time to time for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such permit has not been reinstated twice before and that such suspension or abandonment has not exceeded one year. In order to renew action on a permit expired longer than one year or has been reinstated twice before, a new full permit fee shall be paid.

    Any Permittee holding an unexpired permit may apply for an extension of the time within which he/she may commence work under that permit when he/she is unable to commence work within the time required by this section. The Building Official may extend the time for action by the Permittee for a period not exceeding six months upon written request by the Permittee. No permit shall be extended more than twice. In order to renew action on a permit after expiration, the Permittee shall pay a reinstatement fee in an amount set by resolution of the City Council as may be amended from time to time.

2.    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.

C.    The 2016 Edition of the California Mechanical Code as adopted in § 15.04.020 is adopted with the following modification:

1.    Chapter 1, Section 104.4.3 shall be amended to read as follows:

    Sec. 104.4.3 Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months from the date of issuance of such permit, or if the building, or work authorized by such permit receives no written compliance notice or inspection approval within a six month period. Before such work can be recommenced, a reinstatement shall first be obtained to do so, and the fee therefore shall be set by resolution of the City Council as may be amended from time to time for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such permit has not been reinstated twice before and suspension or abandonment has not exceeded one year. In order to renew action on a permit which has been expired longer than one year or which has been reinstated twice before, a new full permit fee shall be paid in an amount set by resolution by the City Council as may be amended from time to time.

    Any Permittee holding an unexpired permit may apply for an extension of time within which he/she may commence or continue work under that permit, when he/she is unable to commence or continue within the time required by this section. The Building Official may extend the time for action by the Permittee for a period not exceeding six months upon written request by the Permittee. No permit shall be extended more than twice. In order to renew action on a permit after expiration, the Permittee shall pay a reinstatement fee in an amount set by resolution by the City Council as may be amended from time to time.

(Ord. 933, § 2, passed 09-25-2017)

15.04.050 FINDINGS SUPPORTING MODIFICATIONS.

Pursuant to §§ 17958.5 and 17958.7 of the California Health and Safety Code, the City Council makes the express finding that each of the modifications and changes set forth herein is needed and is reasonably necessary because of local climatic, geological and topographical conditions. Said local conditions include but are not limited to the following:

A.    Fort Bragg is a rural coastal city located between approximately 39 degrees and 40 degrees latitude. It has a moderate climate. It is not usually subject to severe snowstorms, windstorms or blizzards. Its location creates some degree of isolation and some difficulty in the transportation of building materials and in obtaining skilled and expert assistance for the construction or rehabilitation of rural dwellings.

B.    Fort Bragg has a housing shortage. Therefore it must utilize all existing housing which meets basic health and safety standards. Low cost housing is especially hard to find.

C.    State law mandates that the City of Fort Bragg adopt a general plan which makes adequate provision for housing its citizens. These modifications are an attempt by the City to achieve an acceptable housing inventory for its general plan.

(Ord. 933, § 2, passed 09-25-2017)

15.04.060 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. 933, § 2, passed 09-25-2017)

15.04.070 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. 933, § 2, passed 09-25-2017)

15.04.080 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. 933, § 2, passed 09-25-2017)

15.04.090 FIRE ZONE DEFINED.

For the purpose of this chapter the entire City is Fire Zone Three.

(Ord. 933, § 2, passed 09-25-2017)

15.04.100 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. 933, § 2, passed 09-25-2017)

15.04.110 PENAL PROVISIONS.

A.    The Building Official of the City or the Acting Building Inspector or Assistant 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, Title 17, and Title 18 are declared to be infractions, and upon conviction thereof are punishable as provided in Chapter 1.12.

(Ord. 933, § 2, passed 09-25-2017)