Chapter 15.04
BUILDING CODE AND REGULATIONS**
Sections:
15.04.010 California Building Code adopted.
15.04.030 Fees for building development and related permits.
15.04.075 Fire suppression sprinklers.
15.04.260 Building permit issuance.
15.04.270 Housing appeals board and access appeals board.
** Prior ordinance history: Ords. 17, 99, 138, and 162, 185, 75-101 and 79-14 and prior code §12.101.
15.04.010 California Building Code adopted.
The city of Kerman hereby adopts the California Title 24 Building Standards Code (California Building Standards Code) by reference. The California Building Standards Code is marked accordingly and is on file in the office of the building division of the city of Kerman. In particular, the following are hereby adopted:
A. 2022 California Administrative Code--CCR Title 24, Part 1, as published by the International Code Council;
B. 2022 California Building Code--CCR Title 24, Part 2 (Volumes 1 and 2), and including Chapter 1, Division II, Scope and Administration, and Appendix H--Signs, Appendix I--Patio Covers, Appendix J--Grading, and Appendix P--Emergency Housing, as published by the International Code Council;
C. 2022 California Residential Code--CCR Title 24, Part 2.5, including Chapter 1, Division II, Scope and Administration, and all appendices excepting Appendix AL--Fees, as published by the International Code Council;
D. 2022 California Electrical Code--CCR Title 24, Part 3, including Article 89 and Annex H, as published by the National Fire Protection Association;
E. 2022 California Mechanical Code--CCR Title 24, Part 4, including Chapter 1, Division II, Administration, and all appendices, as published by the International Association of Plumbing and Mechanical Officials;
F. 2022 California Plumbing Code--CCR Title 24, Part 5, including Chapter 1, Division II, Administration, and all appendices, as published by the International Association of Plumbing and Mechanical Officials;
G. 2022 California Energy Code--CCR Title 24, Part 6, and all appendices, as published by the International Code Council;
H. 2022 California Historical Building Code--CCR Title 24, Part 8, including Appendix A, as published by the International Code Council;
I. 2022 California Fire Code--CCR Title 24, Part 9, including Chapter 1, Division II, Administration, including all appendices, as published by the International Code Council;
J. 2022 California Existing Building Code--CCR Title 24, Part 10, including Chapter 1, Division II, Administration, and all appendices, as published by the International Code Council;
K. 2022 California Green Building Standards Code--CCR Title 24, Part 11, including Chapter 1, Division II, Administration, as published by the International Code Council;
L. 2022 California Referenced Standards Code, including all appendices, as published by the International Code Council. (Ord. 23-03 §1, 2023; Ord. 20-02 §1, 2020: Ord. 17-02 §1, 2017: Ord. 13-02 §1, 2013: Ord. 07-08 §1, 2007: Ord. 02-05 §1, 2002: Ord. 85-07 (part), 1985).
15.04.030 Fees for building, development and related permits.
Any person applying for a permit for building, remodeling, development, or demolition permit or for a plan check identified in Exhibit A attached to the ordinance codified in this section shall pay to the city a fee calculated to pay the reasonable cost of the service, inspection, regulations or review provided. The fees for each permit as of the effective date of the ordinance codified in this section shall be as set forth in Exhibit A. The fees established on Exhibit A may be revised by resolution of the city council after such notice and hearing as may be required by applicable law. (Ord. 02-05 §2, 2002: Ord. 97-06 §§4, 5, 1997; Ord. 85-07 (part), 1985).
15.04.075 Fire suppression sprinklers.
Notwithstanding any other provision of this code, standard automatic fire suppression sprinkler systems shall be installed and maintained in accordance with the latest adopted edition of the Uniform Fire Code and its appendices as promulgated by the International Conference of Fire Officials in all new and remodeled commercial and industrial (i.e., nonresidential) occupancies exceeding five thousand square feet of gross floor area. When the above areas have eaves or overhangs exceeding a distance of three feet from the wall or support, gross roof areas shall be used to determine the need for automatic fire sprinklers. The determination of total square footage includes but is not limited to covered walkways, patios, porches, or any architectural feature attached to or within ten feet of the structure. In existing buildings where an automatic sprinkler system does not exist, and a change in the character of occupancy or uses is made which would require remodeling pursuant to a building permit, or where the gross floor area is increased, and the gross floor area exceeds the above five thousand square feet before or after the alteration or addition, an approved automatic sprinkler system shall be installed throughout the structure. This section shall be subject to the provisions set forth in Section 3804 of the Uniform Building Code. (Ord. 89-02 §1, 1989).
15.04.090 Walls and fences.
Walls and fences shall only be constructed after first having obtained a building permit when required pursuant to Section 15.04.010. (Ord. 23-07 §1, 2023; Ord. 02-05 §3, 2002: Ord. 85-07 (part), 1985).
15.04.260 Building permit issuance.
No building permit shall be issued to any person unless the work to be performed thereon conforms with all or any part of the master plan of the city. (Ord. 85-07 (part), 1985).
15.04.270 Housing appeals board and access appeals board.
In order that the provisions of this chapter may be reasonably applied in instances where practical difficulties or unnecessary hardship would result from an overly strict application of the requirements hereof, or in cases where the property owner or builder has a good faith dispute with the building official regarding application or interpretation of the requirements, the property owner or builder may appeal to the housing appeals board established pursuant to the California Building Code Section 113, consisting of one resident of the city of Kerman, and two building officials from two neighboring cities or counties. The appeals board shall have the power to affirm, modify or reverse the decision of the building official so as to accomplish the purposes of the requirements of this title.
The city hereby establishes an access appeals board as required by California Health and Safety Code Section 19757.5 to hear and rule on decisions rendered by the building official regarding the Americans with Disabilities Act and California access codes. The access appeals board will consist of five members, the three members of the housing appeals board and two additional members who are physically handicapped within the meaning of Health and Safety Code Section 19957.5. Members of the housing appeals board or the access appeals board shall not be employees of the city. The access appeals board shall have the power to affirm, modify or reverse the decision of the building official so as to accomplish the purposes of the requirements of this title and other applicable law.
The appeal to either appeals board shall be made by filing a written notice of the appeal with the city clerk within thirty days of the challenged decision of the building official. The notice of appeal shall set forth the grounds or basis for the appeal, and be accompanied by a deposit as set forth in Exhibit A adopted as part of Section 15.04.030. The deposit shall be applied to pay one-half the cost of attendance and decision by the neighboring building officials. The city shall pay the other half of the costs.
The city clerk shall set the matter for hearing and provide mailed notice of the time and place of the hearing at least seven days in advance of the hearing. At the hearing the property owner or builder shall show cause on the grounds specified in the notice of appeal why the challenged decision should be reversed or modified. Either appeals board may continue the hearing from time to time, and its finding on appeal shall be final. (Ord. 13-02 §3, 2013: Ord. 02-05 §4, 2002: Ord. 85-07 (part), 1985).
15.04.280 Investigations.
The building official, or his authorized representative, shall have the authority to enter any building or premises for the purpose of investigating the existence of suspected or reported damage or defects which constitute an immediate danger to himself life or an immediate hazard to public safety or health. Notwithstanding an other provision of the code to the contrary, excepting emergency situations, the building official or his authorized representative shall not enter any building or premises without the consent of the owner or occupant thereof, unless he possesses an investigation warrant authorizing entry and investigation of the premises. No person shall hinder or prevent the building official or his authorized representative, while in the performance of the duties described in this section, from entering upon and into any and all premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of this chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein. (Ord. 85-07 (part), 1985).
15.04.290 Violation--Penalty.
It is unlawful for any person, firm or corporation to violate any of the provisions of this chapter, or the provisions of any permit issued under this chapter; and each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any such violation is committed, continued or permitted. Any work performed or structure maintained or constructed contrary to the provisions of this chapter, or the provisions of any permit issued under this chapter shall constitute a public nuisance. (Ord. 85-07 (part), 1985).