CHAPTER 15. BUILDING REGULATIONS

ARTICLE 1. UNIFORM BUILDING, MECHANICAL AND HOUSING CODE

7-15-1000 ADOPTION OF CALIFORNIA CODES:

In compliance with Health and Safety Code 17958, the State Building Standards Code, including the following California Codes adopted, incorporated and modified thereby, as adopted by the State Building Standards Commission pursuant to Health and Safety Code Section 17922, is hereby referred to, adopted and made part of this article with the same effect as per Health and Safety Code Section 18938 and is fully set forth herein:

(a)    The California Building Code, California Code of Regulations, Part 2, Volumes 1 and 2 including Appendix C, F, G, H, I, and J, 2010 Edition, published by the International Code Council.

(b)    The California Fire Code, California Code of Regulations, Title 24, Part 9, 2010 Edition, published by the International Code Council.

(c)    The California Mechanical Code, California Code of Regulations, Title 24, Part 4, including all appendices thereto, 2010 Edition, as published by the International Code Council.

(d)    The California Electrical Code, California Code of Regulations, Title 24, Part 3, 2010 Edition, published by the International Code Council.

(e)    The California Plumbing Code, California Code of Regulations, Title 24, Part 5, 2010 Edition, published by the International Code Council.

(f)    The California Historical Building Code, Title 24, Part 8, 2010 Edition, as published by the International Code Council.

(g)    The California Residential Code, Title 24, Part 2.5, 2010 Edition, as published by the International Code Council, as further described and modified by Article 23 of this Chapter 15 of Part VII of this Ordinance Code.

(h)    The California Administrative Code, Title 24, Part 1, 2010 Edition, published by the International Code Council, as further described by Article 24 of this Chapter 15 of Part VII of this Ordinance Code.

(i)    The California Energy Code, Title 24, Part 6, 2010 Edition, published by the International Code Council, as further described by Article 25 of this Chapter 15 of Part VII of this Ordinance Code.

(j)    The California Green Building Standards Code, Title 24, Part 11, 2010 Edition, published by the International Code Council, as further described by Article 26 of this Chapter 15 of Part VII of this Ordinance Code.

(k)    The California Standards Code, Title 24, Part 12, Title 24, Part 12, 2010 Edition, published by the International Code Council, as further described by Article 27 of this Chapter 15 of Part VII of this Ordinance Code.

References throughout this Chapter and the uncodified ordinances of the County of Tulare to any one or more or all of these California Codes shall mean these California Codes as adopted in, and modified by, the State Building Standards Code except as changed or modified by this chapter. The procedures and proceedings provided in said California Codes may, at the discretion of the Resource Management Agency Director or authorized representatives, or Fire Chief, be used in place of procedures and proceedings that may be provided elsewhere in this Ordinance Code. Except as otherwise provided in this Chapter, all of the provisions of said California Codes shall apply to all of the unincorporated territory of the County of Tulare.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1005 ADOPTION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS:

The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Conference of Building Officials is hereby referred to, adopted and made a part of this Article with the same effect as if fully set forth herein. The procedures and proceedings provided in said Uniform Code may, in the discretion of the Building official, be used in place of procedures and proceedings that may be provided elsewhere in this Ordinance Code. Except as otherwise provided in this Chapter, all of the provisions of said Uniform Code shall apply to all of the unincorporated territory of the County of Tulare.

(Amended by Ord. No. 3218, effective 02-25-99).

7-15-1010 DEFINITIONS:

Whenever any of the following terms are used in said uniform codes, such terms shall have the following meanings:

(a)    "Building Official" shall mean the Planning and Development Director of the County of Tulare.

(b)    "Chief Appointing Authority of the City" shall mean the Board of Supervisors of the County of Tulare.

(c)    "Chief of the Fire Department" shall mean the County Fire Warden of the County of Tulare.

(d)    "City" shall mean the County of Tulare or the unincorporated territory of the County of Tulare, as the text may require.

(e)    "Governing Body" shall mean the Board of Supervisors of the County of Tulare.

7-15-1015 DELETION AND ADOPTION OF CERTAIN CODE PROVISIONS:

A.    The following sections of said California Codes are not adopted:

(a)    Appendices A, B, D, and K of the California Building Code, 2010 Edition.

(b)    Section 1.8.8 of Chapter 1, Division I of the California Building Code, 2010 Edition.

(c)    Section 113, Board of Appeals, of Chapter 1, Division II of the California Building Code, 2010 Edition.

(d)    Chapter 31 F, Marine Oil Terminals, of the California Building Code, 2010 Edition.

(e)    Section 108 of Chapter 1, Division II, California Fire Code, 2010 Edition.

(f)    Appendix A of the California Fire Code, 2010 Edition.

(g)    Appendices I, L, M, O and R of the California Residential Code, 2010 Edition.

(Amended by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1020 PERMIT FEES:

All fees shall be adopted by the Board of Supervisors by resolution and may be amended from time to time and the established fee schedules shall, except as otherwise provided in this Code, be collected in full in advance before the issuance of the corresponding permit.

(Amended by Ord. No. 3184, effective 6-7-97; amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3262, effective 10-2-01; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1025 SAME: DEPOSITS:

Applicants for permits may establish and maintain deposits in amounts not to exceed One Thousand Dollars ($1,000) with the Planning and Development Department for the purpose of making payment of fees for such permits as are required by this Chapter. The establishment of any such deposit shall be made only at the discretion of the Director of the Planning and Development Department, shall include authorization for the Planning and Development Department to apply the balance of such deposits against any fee established under this Chapter, and shall provide for the payment of no interest. With the establishment of a deposit, an applicant may apply for any permit required by this Chapter by telephone or facsimile transmission (FAX) in accordance with procedures established by the Director of the Planning and Development Department, if the current balance of the deposit is adequate to cover the applicable fee. The balance of any deposit shall be returned to the applicant after reasonable notice and request.

7-15-1030 EXCEPTIONS:

Those buildings which would otherwise be classified as "Group U" occupancy under the California Building Code and considered as agricultural buildings under Appendix C of the California Building Code may be exempt from the inspection fee provisions of Section 7-15-1020 (Permit Fees). In order for these structures to fall under the Ag Exempt status, there cannot be any utilities to the building with the exception of one lighting circuit; provided the electrical source comes from another structure.

(Amended by Ord. No. 3147, effective 1-19-96; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1035 VOLUNTARY APPLICATION:

Whenever the owner of a building, which is exempted from the application of this Article, voluntarily applies for a permit under said California codes, such building shall thereafter be subject to all of the provisions of said California codes of this Article and shall be subject to all fees established from time to time. (Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1036 C&D DEBRIS RECYCLING AND REUSE PLAN:

Applicants must comply with Tulare County Ordinance Code sections 4-03-1500 et. seq. prior to any permit being issued under this Chapter.

(Added by Ord. No. 3321, effective 01-24-06)

7-15-1040 REVIEW AND ACTION BY THE RESOURCE MANAGEMENT DIRECTOR:

The Resource Management Director shall determine whether the proposed construction and the real property involved comply with the following:

(a)    That it is proper to issue such permit under the provisions of section 66499.34 of the Government Code of the State of California. If said property fully complies with said section 66499.34, the Resource Management Director shall so certify on the permit. If said property does not fully comply with said section 66499.34, the Resource Management Director shall refer the matter to the Site Plan Review Committee pursuant to section 7-03-1015 of this Ordinance Code and the building permit shall not be issued until the matter has been resolved in accordance with said section 7-03-1015 and the other related sections in Chapter 3 (commencing with section 7-03-1000) of Part VII of this Ordinance Code, and until the property fully complies with the requirements of said section 66499.34.

(b)    That the proposed construction and property comply with all of the provisions of Ordinance No. 352 as amended, any interim zoning ordinances, and the provisions of Chapter 19 (commencing with section 7-19-1000) of Part VII of this Ordinance Code that apply to the property. The building permit shall not be issued until the Resource Management Director certifies on the permit that such construction will not be in violation of said ordinances.

(c)    That the proposed construction and property complies with the provisions of Section 7-19-1548 of this Ordinance Code pertaining to access or that the access, if not existing, will be developed prior to occupancy to the standards established in Section 7-19-1548 of this Ordinance Code. A building permit shall not be issued until existence of sufficient right-of-way easement rights to allow compliance with Section 7-19-1548 has been demonstrated by a recorded grant deed or court judgment. Occupancy under the building permit shall not be allowed until the Resource Management Director certifies compliance with Section 7-19-1548.

(d)    That the proposed construction and property comply with the requirements of any other provisions of State law or this Ordinance Code which are enforced by the County Resource Management Agency. The building permit shall not be issued until the Resource Management Director certifies on the permit that such construction will not be in violation of said laws and ordinances.

(Amended by Ord. No. 3254, effective 3-20-01, formerly titled: "Review and Action by Planning and Development Director:")

7-15-1045 IMPOSITION OF FEES: INTERIM SCHOOL FACILITIES:

(a)    If a school district in which residential development is proposed has made the findings specified in Section 7-21-1015 of this Ordinance Code and the Board of Supervisors has concurred in such findings and determined the fees payable by a developer in accordance with Sections 7-21-1020 and 7-21-1040 of this Code, the Planning and Development Director shall not issue a building permit for such residential development without requiring payment of the fees previously determined by the Board in accordance with the provisions of Section 7-21-1045 of this Ordinance Code.

(b)    The applicant may appeal the requirement of fees to the Board of Supervisors in accordance with Section 7-21-1030 of this Ordinance Code.

7-15-1050 APPEALS:

Except as otherwise provided, any determination made pursuant to this Chapter by the Resource Management Agency Director or authorized representative or the County Fire Chief may be appealed in writing to the Board of Supervisors of the County of Tulare. Such appeal shall be subject to the provisions of section 165 of the Tulare County Ordinance Code.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1055 DEDICATION AND IMPROVEMENTS:

Dedications of rights of way and construction of public improvements on property for which a building permit has been requested shall be governed by Article 19 (commencing with section 7-15-1940) of this Chapter.

7-15-1060 LEGISLATIVE AUTHORITY:

This Article shall constitute such a regulation as is referred to in Sections 17958 and 19101 of the Health and Safety Code of the State of California.

7-15-1065 VIOLATIONS AND PENALTIES:

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, demolish, convert, equip, use, occupy or maintain any building or structure, or any portion thereof, in the unincorporated territory of Tulare County, contrary to or in violation of said California Building Code, California Mechanical Code, California Historical Code, California Plumbing Code, California Residential Code, California Electrical Code, California Energy Code, California Green Building Standards Code or Uniform Code for the Abatement of Dangerous Buildings, or of this Article, or to cause, permit, or suffer the same to be done. It shall also be unlawful for any person to erect, install, alter, repair, relocate, add to, replace, use or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the unincorporated territory of Tulare County contrary to or in violation of any of the provisions of said California Mechanical Code, or of this Article, or to cause, permit, or suffer the same to be done. Any person violating any of the provisions of said California Codes, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of said California Codes or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

Any person violating any of the provisions of the California Historical Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of the California Historical Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

ARTICLE 3. CALIFORNIA FIRE CODE

7-15-1115 ADOPTION OF CALIFORNIA FIRE CODE, TITLE 24, PART 9:

Except as otherwise provided in this Article, the code and standards known as the California Fire Code, Title 24, California Code of Regulations, Part 9, 2010 Edition, together with the Appendices thereto, and the California Fire Code Standards referenced therein, published by the International Code Council, are hereby referred to, adopted and made part of this Article as if fully set forth herein, and are hereby adopted as the Fire Code of the County of Tulare, and shall hereinafter be referred to as the "California Fire Code."

(Amended by Ord. No. 3227, effective 06-17-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1120 ENFORCEMENT:

The Fire Chief of the County of Tulare, or authorized representatives, shall enforce the California Fire Code, including Chapter 27 and Appendix H thereof, within the unincorporated areas of the County not within formally established fire protection districts. Enforcement issues regarding Chapter 27 and Appendix H not within the purview of the Tulare County Health Certified Unified Program Agency (CUPA) will be enforced by the Tulare County Fire Department.

The Fire Chief of Tulare County, or designees, and the Tulare County Assistant Director of Health Services, Environmental Health, shall jointly enforce Articles 22 and 34 of the California Fire Code. Nothing in this provision, Article or chapter shall be construed to limit or enlarge any enforcement of other authority or responsibility assigned to the Fire Chief or the Assistant Director of Health Services, Environmental Health, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1125 DEFINITIONS:

Whenever any of the following terms are used in the California Fire Code, such terms shall have the following meanings unless clearly indicated otherwise by the text:

(a)    "Fire Chief" or "Fire Code Official" shall mean the Fire Chief of Tulare County or his authorized representatives.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1130 AMENDMENTS MADE TO THE CALIFORNIA FIRE CODE:

The California Fire Code, together with the Appendices thereto, and California Fire Code Standards, are hereby amended and changed as follows:

(a)    Appendix A is not adopted.

(b)    Appendix B shall apply only to communities that have a water district with pressurized underground water mains and hydrants. For other areas, refer to NFPA 1142 as per this Ordinance Code.

(c)    Sections 108, 108.1, 108.2 and 108.3 of Chapter 1, Division II, are not adopted.

(d)    Section 105.6.14 is amended to read as follows:

105.6.14. Explosives. An operational permit is required for the manufacture, storage, handling, sale, or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 33 of this code, or when a local permit or approval from the Fire Chief is required by Title 19, California Code of Regulations, Division 1, Chapter 6 - Fireworks, or Chapter 10, Explosives.

(e)    Section 105.6.14 exception is deleted and replaced with the following:

Exception: Small arms ammunition of .75 caliber or less, cartridges for propellant-actuated power devices and cartridges for industrial guns, 20 pounds or less of smokeless powder, 5 pounds or less of black sporting powder providing such smokeless or black sporting powder is for the hand loading of small arms or small arms ammunition.

(f)    Exception #2 of Section 910.1 is not adopted.

(g)    The exception to subsection 105.6.30 of Chapter 1, Division II is not adopted. Three exceptions to be added to this section as follows:

1. Warming fires: a warming fire shall be defined as a fire for the warming of human beings, which fire shall not be larger than 3 feet in diameter. The ambient temperature must be less than 50 degrees Fahrenheit with no other reasonable alternative to provide warmth. The fuel must be clean, dry wood with no debris, trash, garbage, or other refuse. When the need for warming ends, no more fuel may be added and the fire must be extinguished.

2. Cooking fires: a cooking fire shall be defined as a fire used for preparing food for human consumption. Fuel for the fire must be clean, dry wood with no coatings, preservatives, other debris, trash, demolition material, refuse or garbage. Large cooking fires such as pit barbecue fires may be prohibited if they cause a smoke nuisance. When the cooking operation ends, no more fuel may be added to the fire and the fire must be extinguished.

3. Agricultural burns: an agricultural burn shall be defined as those fires used for the burning of agricultural waste or materials under permit from the State of California.

(h)    Section 307.1.1 is amended to read as follows:

Prohibited open burning: Open burning of household rubbish is prohibited.

(i)    Add new Section 3301.2 to read as follows:

3301.2 Permits. Permits shall be required as set forth in Section 105.6 and regulated in accordance with this section.

(Amended by Ord. No. 3227, effective 06-17-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1135 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

7-15-1140 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Fire Department’s decision to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1145 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS:

The Board of Supervisors, upon advice from the Fire Chief, or his authorized representatives, shall determine and specify by amendment to this Ordinance Code, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the California Fire Code. The Fire Chief shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1150 VIOLATIONS AND PENALTIES:

(a)    Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeal or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty:

1.    of an infraction for violation of any provisions, except the provisions of Chapter 33 (regarding Explosive Materials) of the Code; and/or

2.    of a misdemeanor for violation of any provisions of Chapter 33 (regarding Explosive Materials) of the Code.

(b)    Each offense shall be punishable as provided in section 125 of this Ordinance Code.

(c)    The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day the prohibited conditions are maintained shall constitute a separate offense.

(d)    The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions.

(e)    The application of the above penalties shall be in addition to any other liabilities imposed by law, including but not limited to the liabilities imposed pursuant to California Health and Safety Code, sections 12700, 12702 (a), 12702 (b), 12702 (c) and 13009 et seq.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1155 REPEAL OF CONFLICTING ORDINANCES:

All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed except as otherwise provided herein.

(Amended by Ord. No. 3407, effective 6-3-10)

7-15-1160 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of Board of Supervisors that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid.

ARTICLE 5. RELOCATION OF BUILDINGS

7-15-1210 DEFINITIONS:

Whenever any of the following terms are used in this Article, such terms shall have the following meanings:

(a)    "Building Official" shall mean the Planning and Development Director and any assistant or employee in his office designated as his representative.

(b)    "Instrument of credit" shall mean an instrument of credit from a financial institution which is subject to regulation by the State or Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

(c)    "Negotiable bonds" shall mean negotiable bonds of the kind approved for securing deposits of public money.

7-15-1215 RELOCATION PERMIT REQUIRED:

No building or structure may be relocated on or moved onto any real property in the unincorporated territory of the County until a valid relocation permit has been secured from the Building Official; provided, however, that such permit shall not be required for relocating the following types of buildings:

(a)    A contractor’s tool house, construction building or similar structure which is moved as construction requires.

(b)    Any building or structure to be relocated on a farm and to be used exclusively for the owner’s farming operations.

7-15-1220 PERMIT FEES:

The applicant for a relocation permit shall pay to the Building Official a fee of Fifty Dollars ($50.00) for the inspection of each building located within the County that is to be relocated. If the building or buildings to be relocated are situated outside of the County at the time of the inspection, the applicant shall pay to the Building Official a fee of Seventy-Five Dollars ($75.00) for the inspection of one (1) building, and an additional fee of Ten Dollars ($10.00) for each additional building owned by the applicant which is inspected on the same day that the first building is inspected.

7-15-1225 CERTIFICATION OF BUILDING OFFICIAL:

In accordance with sections 7-07-1000 through 7-07-1005 of this Ordinance Code, when an application for a relocation permit is filed, the Building Official shall review the application for compliance with the same laws and ordinances as specified in section 7-15-1040 of this Chapter, and shall take the same action in cases of apparent violations as specified in said section 7-15-1040. The relocation permit shall not be issued until the Building Official certifies that the property on which the building is to be relocated and the relocation of the building on such property will not be in violation of said laws and ordinances.

7-15-1230 DENIAL OF RELOCATION PERMIT:

Except as otherwise provided in section 7-15-1235, the Building Official shall not issue a relocation permit for any building or structure which is included within one or more of the following categories:

(a)    Is so constructed or is in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects in electrical wiring or any other substantial hazard, to the persons who will occupy or enter said building after relocation.

(b)    Is infested with rats or other vermin or the wood members of the building are infested with rot, decay or termites.

(c)    Is so unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy said building after relocation or, if not intended for occupancy by human beings, would make it unsuitable for its intended use.

(d)    Is so dilapidated, unsightly or in such a condition of deterioration or disrepair that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements within a radius of one thousand (1,000) feet from the proposed relocation site.

(e)    If the proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of the County.

(f)    If the structure does not conform to all applicable provisions of Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code of the State of California, and the rules and regulations promulgated thereunder, or does not conform to all applicable provisions of the California Building Code or any other law or ordinance.

(Amended by Ord. No. 3407, effective 6-3-10)

7-15-1235 REPAIR OF BUILDING: ISSUANCE OR DENIAL OF PERMIT:

If the building or structure to be moved fails to meet any of the standards set forth in section 7-15-1230, but it appears possible and practical for such defect to be corrected, the Building Official shall issue the relocation permit upon conditions as hereinafter provided. If the building or structure to be moved fails to meet any of the standards set forth in section 7-15-1230, and it does not appear possible or practical for such defects to be corrected, the Building Official shall deny the relocation permit.

7-15-1240 DEDICATIONS AND IMPROVEMENTS:

Dedications of right of way and construction of public improvements on property for which a relocation permit has been requested shall be governed by Article 19 (commencing with section 7-15-1940) of this Chapter.

7-15-1245 CONDITIONS OF PERMIT:

The Building Official in granting a relocation permit may impose thereon such terms and conditions as he may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure, so that the relocation of the building or structure will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which it is to be moved. The terms and conditions upon which each permit is granted shall be written upon the application or appended thereto in writing.

7-15-1250 SECURITY:

The Building Official shall not issue a relocation permit subject to terms and conditions until the person requesting the permit shall deposit security with the Building Official to assure that the requesting party will comply with all of the terms and conditions of the permit. Such security shall be in favor of the County of Tulare and shall be in one of the following forms:

(a)    One or more irrevocable performance bonds issued by one or more reputable corporate sureties duly and legally licensed to transact business in the State of California and bearing the name and address of said surety clearly upon the face of the bond provided.

(b)    A deposit of cash with the Building Official, or in escrow with a responsible escrow agent or trust company.

(c)    An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(d)    An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Tulare County Board of Supervisors.

(e)    A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.

Such security shall be in the amount of one hundred and ten percent (110%) of the estimated cost to the County to contract for the completion of the work required in order to comply with all of the terms and conditions should the requesting party fail to complete such work. Said estimated cost shall be determined by the Public Works Director.

7-15-1255 EXCEPTIONS:

No security need be posted or deposited if the Building Official finds that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or moving a building to an adjacent property of the same owner, and the Building Official determines that security is not necessary to assure compliance with the requirements of this Article.

7-15-1260 CONDITIONS OF SECURITY:

All security posted or deposited pursuant to this Article shall secure the performance of the following duties by the permittee:

(a)    That all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official.

(b)    That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit. If no time limit is specified in the permit, the work shall be completed within ninety (90) days after the date of the issuance of the permit. The time limit herein specified and the time limit specified in any permit issued may be extended for good and sufficient cause, either before or after said time period has expired, by a written order of the Building Official.

7-15-1265 NOTICE OF GRANTING PERMIT:

(a)    If the Building Official determines that he will issue a relocation permit, he shall post a notice on the property on which the building is to be relocated. The notice shall read substantially as follows:

NOTICE OF BUILDING RELOCATION

NOTICE IS HEREBY GIVEN that the Tulare County Planning and Development Director has determined that a permit will be issued to relocate an existing building onto this property, which is described as follows:

[insert description of real property]

Said permit will be issued in accordance with sections 7-15-1210 through 7-15-1300 of the Ordinance Code of Tulare County. Unless an appeal is filed in the office of the Clerk of the Board of Supervisors, Administration Building, County Civic Center, Visalia, California 93291, on or before the ___ day of __________, 19___, the relocation permit shall become fully effective and shall not be subject to an appeal filed thereafter.

Information on the relocation permit to be issued and the building to be relocated may be obtained from the Tulare County Planning and Development Director, Tulare County Courthouse, Room 111, Visalia, California, 93291.

Dated:

 

Tulare County Planning and Development Director

(b)    Said notice shall be posted on the front of the property on which the building is to be relocated within the street right of way. If the property fronts on more than one street, one such notice shall be posted on each street. If the proposed site of the relocated building is part of a larger parcel, said notices shall be posted at or near the proposed site of the relocated building.

7-15-1270 APPEAL:

(a)    Any interested person may appeal to the Board of Supervisors from the decision of the Building Official to issue, conditionally issue or deny a relocation permit. Such an appeal shall be in writing, shall be filed with the Clerk of the Board of Supervisors, and shall state why the issuance, conditional issuance or denial of the permit is improper under the provisions of this Article.

(b)    If the Building Official decides to issue or conditionally issue a permit, the notice of appeal must be filed in the office of the Clerk of the Board of Supervisors no later than ten (10) calendar days after the notice required by section 7-15-1265 of this Article is posted. If no appeal is filed within said ten (10) day period, the Building Official shall issue the permit on the next business day thereafter.

(c)    If the Building Official decides to deny a permit, the notice of appeal must be filed by the applicant for the permit in the office of the Clerk of the Board of Supervisors no later than ten (10) calendar days after he receives formal notice of such action from the Building Official.

(d)    Upon the filing of an appeal, the Clerk of the Board of Supervisors shall cause a notice of the time of the appeal hearing to be mailed to the appellant, to the applicant if he is not the appellant, and to the Building Official, not less than ten (10) calendar days prior to the date set for the appeal hearing.

(e)    After the appeal hearing, the Board of Supervisors may affirm, reverse or modify the decision of the Building Official, or refer the matter back to the Building Official for further action. The decision of the Board of Supervisors on the appeal shall be final.

(f)    If an appeal is taken from a denial of a permit, and the Board of Supervisors determines that the permit should be issued, the notice requirements of section 7-15-1265 of this Article shall thereafter be substantially complied with, either by the Board of Supervisors or the Building Official, prior to the issuance of the permit. If an appeal is thereafter filed within the time limits set forth in subsection (b) above, a new appeal hearing shall be held prior to issuance of the permit.

7-15-1275 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said Section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said Section 1094.6.

7-15-1280 NOTICE OF DEFAULT: COMPLETION OF WORK:

Whenever the Building Official determines that a default has occurred in the performance of any term or condition of a relocation permit, he shall give written notice of such default to the permittee, and to the surety if a surety bond has been posted, and to the financial institution issuing the instrument of credit if an instrument of credit has been posted. The notice of default shall state the work to be done, the estimated cost thereof and the period of time determined by the Building Official to be reasonably necessary for the completion of such work. If a surety bond has been posted, the surety shall cause the required work to be performed within the time specified in the notice and, if said work is not performed, the Building Official shall cause the required work to be done by contract or otherwise, in his discretion, and the County Counsel shall commence the necessary legal proceedings to recover the cost of performing the work plus ten percent (10%). If the security is in the form of a cash deposit, an instrument of credit or negotiable bonds, and the permittee does not perform the required work within the time specified in the notice of default, the Building Official shall use the funds available from such security and cause the required work to be done by contract or otherwise, in his discretion. Upon completion of said work, the balance, if any, of such cash deposit, or monies made available pursuant to an instrument of credit or negotiable bonds, after deducting therefrom the cost of performing the work, plus ten percent (10%), shall be returned to the permittee or his successors or assigns.

7-15-1285 DEMOLITION OF BUILDING:

In lieu of performing the work required in a relocation permit, a permittee may demolish the building which is subject to the permit and clean up the site to the satisfaction of the Building Official and, if there has been a default by the permittee, the surety shall have the same option.

7-15-1290 RELEASE OF SECURITY:

Any surety bond or instrument of credit posted as security pursuant to this Article shall remain in effect until the Building Official gives written notice to the interested parties that all of the terms and conditions of the relocation permit have been complied with. If security in the form of cash or negotiable bonds has been deposited, the Building Official shall return such security to the depositor or to his successors or assigns when all of the terms and conditions of the relocation permit have been complied with, except any portion of said security that has been used or deducted pursuant to the provisions of this Article.

7-15-1295 ACCESS TO PREMISES:

The Building Official, the surety and the duly authorized representatives of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work. In the event of any default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on behalf of the surety, or the Building Official or any person employed or engaged on his behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure. It shall be unlawful for any person to interfere with or obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety or of the County of Tulare who is engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions of such permit.

7-15-1300 VIOLATIONS:

Any person violating, or causing or permitting to be violated, any of the provisions of this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provisions of this Article is committed, continued or permitted.

ARTICLE 7. EXCAVATION AND GRADING

7-15-1350 PURPOSE:

The purpose of this article is to safeguard the public, minimize hazards to property, control erosion and protect against sedimentation of watercourses and protect the safety, use and stability of public rights of way by establishing standards and providing regulations to control excavation, grading and earthwork construction.

7-15-1355 GRADING REGULATIONS ADOPTED:

All grading activities are to occur pursuant to the provisions of Chapter 70 of the Uniform Building Code and this article. In the event of any conflict between the provisions of this article and Chapter 70 of the Uniform Building Code, this article shall prevail.

7-15-1360 GRADING ACTIVITIES EXEMPTED:

A grading permit shall be obtained before beginning any grading, excavation, fill, or dredging activities, except for the following. This section supersedes Section 7003 of the Uniform Building Code.

(a)    Grading for agricultural purposes, land leveling and related farm land grading including, but not limited to, the construction of stock ponds and access roads developed to support crop production or grazing activities, provided the grading does not obstruct a watercourse in violation of Chapter 15 of Part IV of this Ordinance Code.

(b)    An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure.

(c)    Cemetery graves.

(d)    Refuse disposal sites controlled by other regulations.

(e)    Excavations for wells, tunnels or utilities, including pipelines and conduits.

(f)    Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

(g)    Exploratory excavations under the direction of civil engineers, soil engineers or engineering geologists.

(h)    An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one and one half (1 1/2) horizontal to one vertical. This exception shall be applicable to the regrading of existing roads, provided the regrading is performed in accordance with the standards contained in this paragraph.

(i)    A fill which is less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical. This exception shall be applicable to the regrading of existing roads, provided the regrading is performed in accordance with the standards contained in this paragraph.

(j)    Grading associated with a soil or water conservation project regulated by the U.S. Department of Agriculture, Soil Conservation Service or the State of California Department of Water Conservation.

(k)    Grading for subdivisions approved pursuant to Chapter 1 of Part VII of this Ordinance Code or public projects conducted or approved by the Public Works Director.

(l)    Grading for which a grading and slope stabilization plan was prepared in accordance with Section 18.7.A.2.a of Ordinance No. 352 and approved by the Site Plan Review Committee pursuant to Section 16.2 of Ordinance No. 352.

(m)    Grading projects not otherwise exempt under this section, where grading will require movement of 1250 cubic yards of material or less, provided grading is to take place on slopes of less than thirty percent (30%) and does not obstruct a drainage course; or where the grading is to take place on slopes of less than five percent (5%).

7-15-1365 REGULAR GRADING:

Where grading is not exempt under Section 7-15-1360, but will require movement of five thousand cubic yards of material or less, the grading project will be a "regular grading" project for the purpose of applying this article and Section 7014 of the Uniform Building Code. However, such grading will not be considered "regular grading" if the Planning and Development Director determines that the geologic and/or hydrologic characteristics of the site are such that the proposed grading project may adversely affect the public health or safety or damage property, improvements or watercourses in the vicinity of the site. If such a determination is made, the grading project shall conform to engineered grading requirements.

7-15-1370 ENGINEERED GRADING:

Where grading will require the movement of more than five thousand (5000) cubic yards of material, the grading project will be an "engineered grading" project for the purpose of applying this article and Section 7014 of the Uniform Building Code.

7-15-1375 GRADING PERMITS REQUIRED:

Except where exempted by Section 7-15-1360 of this article, no person shall do any grading without first obtaining a grading permit from the Planning and Development Director. Grading permit applications shall be filed in accordance with Section 7006 of the Uniform Building Code and as provided in Sections 7-15-1380 and 7-15-1385 of this Ordinance Code. A separate permit shall be required for each site, except as provided herein, and may cover both excavations and fills. Adjacent sites being graded as one integrated project shall be considered as one site for purposes of applying this article.

7-15-1380 PERMIT APPLICATION FILING REQUIREMENTS ENGINEERED GRADING:

In addition to the requirements set forth in Section 7006 of the Uniform Building Code, the following information shall be provided in conjunction with the plans and specifications for engineered grading:

(a)    Proposed use of the site necessitating grading.

(b)    The location of the source of material to be used for fill and/or location to which excavated material will be moved. If material is to be exported or imported, the location of the source or fill area shall be submitted before a grading permit will be issued.

(c)    Intended means of revegetation, including, if applicable, the location, species, container size and quantity of plant materials proposed, and the proposed time of planting.

(d)    Protective measures to be taken during and immediately following construction, such as hydro mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavating or of the sloping surfaces of fills.

7-15-1385 PERMIT APPLICATION FILING REQUIREMENTS REGULAR GRADING:

In addition to the requirements set forth in Section 7006 of the Uniform Building Code applicable to regular grading, two (2) copies of a plot plan shall be submitted in conjunction with each application for a regular grading permit. The plot plan shall be drawn to a scale which renders all information legible and shall contain the following information:

(a)    Name and address of the owner of the property.

(b)    The location of the property on which the proposed work is to be done by legal description, street address, Assessor’s Parcel Number or similar description that will readily identify and locate the property.

(c)    Names, location and dimensions of all adjoining streets, both public and private.

(d)    Proposed use of the site necessitating grading.

(e)    The property lines and property dimensions.

(f)    The location, size and shape of any structures presently on the site and proposed for construction, and their distance to property lines.

(g)    Location and nature of all utilities including septic tanks, leach fields, community sewage systems and potable water sources.

(h)    The location of prominent natural features including streams, creeks, drainage courses, irrigation ditches and large rock outcroppings.

(i)    The location, alignment and extent of the proposed grading activities.

(j)    The location of the source of material to be used for fill and/or location to which excavation material will be moved. If material is to be exported or imported, the location of the source or fill area shall be submitted before a grading permit will be issued.

(k)    The intended means of revegetation, if applicable, and protective measures to be taken during and following construction to prevent erosion of the cut faces of excavations or the sloping surfaces of fills.

(l)    A north arrow.

7-15-1390 WAIVER OF INFORMATION:

Upon written request by the grading project’s sponsor, the Planning and Development Director may waive any of the items required to be shown on or accompanied with plans and specifications or plot plan, as provided in Sections 7-15-1375, 7-15-1380 and 7-15-1385 of this Ordinance Code, if the Planning and Development Director determines that the filing of the information will not serve the purposes of this ordinance.

7-15-1395 GRADING PERMIT ISSUANCE:

The provisions of Section 303 of the Uniform Building Code are applicable to grading permits. The Planning and Development Director may require that grading operations and project designs be modified if delays occur which incur weather generated problems not considered at the time the permit was issued.

7-15-1400 FEES:

Fees for plan checking and grading inspection shall be in accordance with Section 7007 of the Uniform Building Code.

7-15-1405 BONDING:

Guarantees of performance may be required by the Planning and Development Director as set forth in Section 7008 of the Uniform Building Code.

7-15-1410 GRADING INSPECTION:

All grading operations for which a permit is required are subject to inspection by the Planning and Development Director and are to be performed in accordance with Section 7014 of the Uniform Building Code.

7-15-1415 COMPLETION OF WORK:

Completion of grading operations shall be in accordance with Section 7015 of the Uniform Building Code.

7-15-1420 GRADING STANDARDS:

All excavations and fills subject to a grading permit are to be constructed in accordance with the provisions of Sections 7009 through 7013 of the Uniform Building Code, and the following standards, unless otherwise recommended in the approved soils engineering and/or geology report:

(a)    Area of Cuts and Fills. Cuts and fills are to be limited to minimum amount necessary to provide stable embankments for required parking areas or street rights of way, structural foundations and adequate yard area or outdoor storage or sales area incidental to a non residential use.

(b)    Creation of Building Sites Slope Limitation. Grading for the purpose of creating a site for a building or structure shall be prohibited on slopes of greater than 30% except where it can be demonstrated through submitted grading and construction plans and specifications that the problems inherent in developing on such slopes can be mitigated.

(c)    Final Contours. Contours, elevations and shapes of finished surfaces are to be blended with adjacent natural terrain to achieve a consistent grade and natural appearance. Borders of cut slopes and fills are to be rounded off to a minimum radius of five feet to blend with the natural terrain.

(d)    Grading Near Watercourses. Grading, dredging or diking shall not alter any intermittent or perennial stream, or natural body of water shown on any USGS seven and one half (7 1/2) or fifteen (15) minute series map, except as permitted through approval of all required permits which may include, but is not limited to, a Stream or Lake Alteration Agreement from the California Department of Fish and Game, an Encroachment Permit from the California Reclamation Board and a drainage plan approved by the County of Tulare pursuant to Section 18.7.D.2 of Ordinance No. 352. Watercourses are to be protected as follows:

(1)    Watercourses shall not be obstructed unless an alternate drainage facility is approved which provides for the free flow of water.

(2)    Fill slopes shall not extend into natural watercourses or constructed channels.

(3)    Grading equipment shall not cross or disturb channels containing live streams without the implementation of siltation control measures approved by the Planning and Development Director.

(4)    Excavated materials shall not be deposited or stored in or alongside a watercourse where the materials can be washed away by high water or storm runoff.

(e)    Revegetation. Where natural vegetation has been removed through grading in areas not to be occupied by structures, such areas are to be replanted as set forth in this article to prevent erosion after construction activities are completed. Where cut slopes are not subject to erosion due to the erosion resistant character of the materials, such protection may be omitted.

(f)    Preparation for Revegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting.

(g)    Methods of Revegetation. Acceptable methods of revegetation include hydro mulching, or the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area. Other revegetation methods offering equivalent protection may be approved by the Planning and Development Director. Plant materials are to be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation demands.

(h)    Timing of Revegetation Measures. Permanent revegetation or landscaping should begin on the construction site as soon as practical and shall begin no later than six months after achieving final grades and utility emplacements.

(i)    Responsibility for Maintaining Revegetated Areas. The owner of the property shall be responsible for maintaining revegetated areas following final inspection approval.

7-15-1425 APPEALS:

Appeals of any determination as to conformance with the grading standards in this chapter may be filed in the manner provided in Section 165 of the Ordinance Code.

7-15-1430 NUISANCE AND HAZARD ABATEMENT:

Existing grading that has become hazardous to life or property is subject to Section 7004 of the Uniform Building Code.

7-15-1435 VIOLATIONS:

Any grading performed in violation of this Article shall be deemed an infraction, and upon conviction of the person(s) responsible thereof shall be punishable as provided in Section 125 of this Ordinance Code. Such person(s) shall be guilty of a separate offense for each and every day during any portion of which any violation of this Article is committed, continued or permitted by such person(s), and shall be punishable therefore as herein provided.

ARTICLE 9. CALIFORNIA ELECTRICAL CODE

7-15-1485 ADOPTION OF CALIFORNIA ELECTRICAL CODE:

Except as otherwise provided in this Article, the code entitled California Electrical Code, Title 24, California Code of Regulations, Part 3, 2010 Edition, as adopted and published by the National Fire Protection Association, which is incorporated by this reference into the National Electrical Code, as adopted in and modified by the State Building Standards Code except as changed or modified by this Chapter, is hereby referred to, adopted, and made a part of this Article with the same effect as if fully set forth herein, and is hereby adopted as the Electrical Code of the County of Tulare, and all of the provisions thereof shall apply to all of the unincorporated territory of the County of Tulare.

(Amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1490 "BUILDING OFFICIAL": "CHIEF ELECTRICAL INSPECTOR": DEFINITIONS:

The terms "Building Official" and "Chief Electrical Inspector," as used in the California Electrical Code, shall mean the Resources Management Agency Director or authorized representative.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1495 DELETION OF CERTAIN PROVISIONS:

The following provisions of the National Electrical Code are hereby deleted:

(a)    Section 203.

(b)    Section 304.

7-15-1500 LEGISLATIVE AUTHORITY:

This Article shall constitute such a regulation as is referred to in Sections 17958 and 19101 of the Health and Safety Code of the State of California.

7-15-1505 SCHEDULE OF FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1510 APPLICATION OF CALIFORNIA ELECTRICAL CODE:

This Article shall be applicable only to those buildings and structures which are subject to the California Building Code under Article 1 of this Chapter (commencing at section 7-15-1000); provided, however, that if the owner of a building or structure excepted from the application of this Article voluntarily applies for a permit under said Electrical Code, said building or structure shall thereafter be subject to all of the provisions of the Electrical Code and this Article; and provided further that an electrical permit shall be required for all circuses, carnivals, sideshows and all uses which are set forth in section 14 of Ordinance No. 352, regardless of whether or not any buildings or structures which are subject to the California Building Code are involved.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1515 VIOLATIONS:

It shall be unlawful for any person to make any installation, alteration or repair of any electrical wiring, device, appliance or equipment in the unincorporated territory of the County of Tulare contrary to or in violation of any provision the Electrical Code of the County of Tulare as adopted from time to time in section 7-15-1485 hereof, or to cause, permit or suffer the same to be done. Any person violating any of the provisions of said electrical code or of this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of said electrical codes or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said electrical codes or this Article is committed, continued or permitted.

ARTICLE 11. CALIFORNIA PLUMBING CODE

7-15-1565 ADOPTION OF CALIFORNIA PLUMBING CODE:

Except as otherwise provided in this Article, the code entitled "California Plumbing Code, Title 24, California Code of Regulations, Part 5, 2010 Edition," together with appendices thereto, as published by the International Code Council, as adopted and modified by the State Building Standards Code by the State Building Standards Commission pursuant to Health and Safety Code section 17922, and as amended by the provisions of this Ordinance Code, is hereby referred to, adopted and made a part of this Article with the same effect as if fully set forth herein and is hereby adopted as the Plumbing Code of the County of Tulare, and all the provisions thereof shall apply to all of the unincorporated territory of the County of Tulare.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1570 "ADMINISTRATIVE AUTHORITY": DEFINITION:

The term "Administrative Authority," as used in the Uniform Plumbing Code, shall mean the Planning and Development Director.

7-15-1575 WELLS:

The provisions of Chapter 13 (commencing with section 4-13-1000) of Part IV of this Ordinance Code shall prevail over the provisions of this Article and the California Plumbing Code with regard to the location of wells in relation to property lines, septic tanks and the other objects and land uses for which minimum distances are established by said Chapter 13.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1580 DELETION OF CERTAIN CODE PROVISIONS:

(Amended by Ord. No. 3218, effective 02-25-99)

Repealed by Ord. No. 3407.

7-15-1585 SCHEDULE OF FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1590 APPLICATION OF CALIFORNIA PLUMBING CODE:

This Article shall be applicable only to those buildings and structures which are subject to the California Building Code under Article 1 of this Chapter (commencing at section 7-15-1000) as it presently exists and as it may hereafter be amended; provided, however, that if the owner of a building or structure excepted from the application of this Article voluntarily applies for a permit under said Plumbing Code, said building or structure shall thereafter be subject to all of the provisions of the Plumbing Code and this Article.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-1595 LEGISLATIVE AUTHORITY:

This Article shall constitute such a regulation as is referred to in sections 17958 and 19101 of the Health and Safety Code of the State of California.

7-15-1600 VIOLATIONS AND PENALTIES:

It shall be unlawful for any person to install, remove, alter, repair or replace any plumbing, gas or drainage piping work or any fixture or water heating or treating equipment in a building or premises, or to perform any other act, contrary to or in violation of any provision of the California Plumbing Code or this Article, or to cause, permit or suffer the same to be done. Any person violating any of the provisions of said Plumbing Code or this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of said Plumbing Code or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Plumbing Code or this Article is committed, continued or permitted.

Any person violating any of the provisions of the California Historical Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of the California Historical Code, or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

ARTICLE 12: BARRIERS AROUND OUTDOOR SWIMMING POOLS

7-15-1610 DETERMINATIONS: PURPOSE:

The Board of Supervisors hereby determines that privately owned, outdoor swimming pools in residential settings are potentially dangerous to members of the public and are attractive nuisances if freely accessible and unbarricaded. The purpose of this Article is to provide minimum standards to safeguard life and limb, health, property and public welfare by requiring that access to outdoor swimming pools associated with, constructed as an improvement to or located on properties containing or adjacent to buildings or structures falling within Group R Occupancies as defined in the California Building Code be restricted by barricades meeting minimum design, construction, quality of materials, location and maintenance standards as set forth herein.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3407, effective 6-3-10)

7-15-1611 APPLICATION: SCOPE: EXCEPTIONS:

The provisions of this Article shall apply to swimming pools constructed or installed on properties containing or adjacent to Group R Occupancies buildings or structures as defined or designated by the California Building Code adopted from time to time under the provisions of Article 1 of this Chapter. The provisions of this Article shall not apply to public swimming pools as defined and regulated by the California Health and Safety Code, sections 116025 through 116068.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3407, effective 6-3-10)

7-15-1612 PROHIBITION:

It shall be unlawful for any person to install and construct any outdoor swimming pool as herein defined as an improvement to or located on property containing or adjacent to properties containing buildings or structures falling within Group R Occupancies as defined in the California Building Code unless such outdoor swimming pool is totally surrounded by a barrier meeting the standards set herein before the outdoor swimming pool is plastered or filled with water and the barrier is maintained at all time while the outdoor swimming pool is in place. When a barrier is required by the Chapter at the time of construction or installation of an outdoor swimming pool, it shall be unlawful for any person to maintain the swimming pool after its construction or installation without such barrier.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3407, effective 6-3-10)

7-15-1613 PROHIBITION: EXCEPTIONS:

This Article and the prohibition, standards and requirements set forth herein shall not apply to the following:

(a)    Indoor pools;

(b)    Plastic, collapsible or otherwise portable pools and spas of which all parts are above ground level;

(c)    Lakes, reservoirs, ponds, ponding basins, irrigation canals and ditches, and dairy sumps in which water may be stored, collected or transported;

(d)    Swimming pools constructed or installed prior to January 1, 1997, and maintained since that date;

(e)    Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials-Emergency Performance Specification (ASTM-ES 13-89).

(Added by Ord. No. 3173, effective 1-16-97.)

7-15-1614 NOT EXCLUSIVE REGULATION:

This Article is not the exclusive regulation of swimming pools or the barriers surrounding such structures within the County. It shall supplement and be in addition to other regulating statutes, ordinances and standards heretofore or hereafter enacted by the State, the County or other legal entity or agency having jurisdiction except the Swimming Pool Safety Act set out in California Health and Safety Code section 115920 et seq. This Article shall supersede the Swimming Pool Safety Act or any successor act to the extent provided in California Health and Safety Code section 115922(e).

(Added by Ord No. 3173, effective 1-16-97.)

7-15-1615 ADMINISTRATION, INSPECTION AND ENFORCEMENT:

The Planning and Development Director shall administer this Article, shall cause any required inspections to be performed under this Article and shall enforce the requirements of this Article.

(Added by Ord. No. 3173, effective 1-16-97.)

7-15-1620 DEFINITIONS:

For this purposes of this Article, the following words, terms, and phrases shall have the following meanings unless clearly indicated otherwise by the text:

(a)    "Aboveground pool", "In-ground pool" and "On-ground pool" shall have the same meanings as the term "swimming pool".

(b)    "Barrier" shall mean a fence, wall, building wall or a combination thereof, which completely surrounds and obstructs or controls access to the swimming pool.

(d)    "Indoor swimming pool" shall mean a swimming pool which is totally contained within a residential or other structure and surrounded on all four sides by the walls of said structure.

(e)    "Outdoor swimming pool" shall mean any swimming pool which is not an indoor swimming pool.

(f)    "Planning and Development Director" shall mean the Planning and Development Director of the County of Tulare or his authorized representative.

(g)    "Swimming pool" shall mean any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in-ground, aboveground, and on-ground swimming pools, fixed in place wading pools, hot tubs, portable, and nonportable spas except as provided in section 7-15-1613.

(Added by Ord. No. 3173, effective 1-16-97.)

7-15-1630 BARRIERS: REQUIREMENTS:

Every swimming pool otherwise subject to the prohibition of Section 7-15-1612 shall be totally surrounded by a barrier in accordance with this Article. Every barrier required by this Article shall be installed, constructed, and maintained in accordance with the following standards and requirements:

(a)    The barrier shall be located within One Thousand (1000) Feet of the pool edge or no further than the legal boundary of the parcel upon which the outdoor swimming pool is located, whichever distance is shorter.

(b)    The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.

(c)    Barriers shall be constructed so as to withstand a minimum of 10 pounds per lineal foot.

(d)    Openings in the barrier shall not allow passage of a 4-inch diameter sphere.

(e)    Solid barriers which do not have openings, such as masonry or stone walls, shall not contain indentations or protusions except for tooled masonry joints.

(f)    Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 2 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in width.

(g)    Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 3/4 inches in width.

(h)    The maximum mesh size for barriers made of chain link fence shall be 2 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 2 inches. The wire mesh shall not be less than 13 gauge.

(i)    Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 2 inches.

(j)    Barriers shall be constructed prior to plaster inspection.

(Added by Ord. No. 3173, effective 1-16-97.)

7-15-1631 BARRIERS: EXCEPTIONS:

The walls of a dwelling may be used as a part of a barrier. To the extent that the walls of a dwelling are used as part of a barrier, the requirements of Sections 7-15-1630 shall not apply.

(Added by Ord. No. 3173, effective 1-16-97.)

7-15-1632 BARRIERS: ACCESS GATES:

Access gates in any barrier shall comply with the requirements and standards:

(a)    Access gates shall comply with the requirements set out in Section 7-15-1630.

(b)    Access gates shall be equipped to accommodate a locking device.

(c)    Pedestrian-access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the ground:

(1)    the release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate; and

(2)    the gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.

(Added by Ord. No. 3173, effective 1-16-97.)

7-15-1633 BARRIER: ACCESS BY LADDER OR STEPS:

Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps shall meet the one of the following requirements:

(a)    the ladder or steps shall be capable of being secured, locked or removed to prevent access, or

(b)    the ladder or steps shall be surrounded by a barrier which meets the requirements of section 7-15-1630.

In addition, when the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere.

(Added by Ord. No. 3173, effective 1-16-97.)

7-15-1645 VIOLATIONS:

Any person violating any provisions of this Article shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of any provision of this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Article is committed, continued or allowed.

(Added by Ord. No. 3173, effective 1-16-97.)

ARTICLE 13. SUPPLEMENTAL INSPECTION OF MOBILEHOME FACILITIES

7-15-1650 APPLICATION:

This Article applies only to mobilehomes and travel trailers which are used for human habitation and which are not located in a mobilehome or trailer park operated under a permit issued by the State of California.

7-15-1655 DEFINITIONS:

(a)    "Mobilehome" as used in this Article includes both mobilehomes and travel trailers as those terms are defined in section 18200 et seq. of the Health and Safety Code of the State of California.

(b)    All other terms used in this Article which are used in section 18200 et seq. of the Health and Safety Code shall have the same meaning as in said provisions of State law.

7-15-1660 PURPOSE:

The Planning and Development Director, who is responsible for the enforcement of Articles 1, 9 and 11 of this Chapter, has determined that, in a great many cases, mobilehome accessory buildings and structures, equipment and facilities located outside of a mobilehome to supply gas, water and electricity to a mobilehome, and equipment and facilities for the disposal of sewage are seriously damaged or destroyed by the removal of a mobilehome from the property and/or the moving in of a mobilehome. This special problem with regard to moving mobilehomes makes necessary the adoption of this Article in order to protect the public health, Safety and general welfare.

7-15-1665 SUPPLEMENTAL INSPECTION:

Whenever a mobilehome is removed from a parcel of property and the same or a different mobilehome is thereafter moved onto the property, a new inspection of all buildings, structures, equipment and facilities referred to in section 7-15-1660 of this Article which are located on the property shall be made before habitation of the mobilehome is commenced. Such inspection shall be made by the County Building Engineer to determine whether such buildings, structures, equipment and facilities comply with the requirements of Articles 1, 9 and 11 of this Chapter. The owner of the property shall file an application for such an inspection in the form prescribed by the County Building Engineer.

7-15-1670 FEES:

In lieu of the fees ordinarily required pursuant to Articles 1, 9 and 11 of this Chapter, a flat fee of Seventy Dollars ($70.00) shall be paid to the Planning and Development Director to cover the cost of the supplemental inspection of all buildings, structures, equipment and facilities on the property for which permits were previously issued pursuant to said Articles 1, 9 and 11 for the issuance of a certificate of occupancy. However, the regular procedures and fees required under Articles 1, 9 and 11 of this Chapter shall be applicable to any work to be performed in order to bring such buildings, structures, equipment and facilities into conformity with said Articles 1, 9 and 11.

7-15-1675 FEES: MOBILEHOME INSTALLATION PERMITS:

In accordance with section 18613 of the Health and Safety Code of the State of California any person desiring a permit required by section 1028 of Title 25 of the California Administration Code (The Mobilehome Parks Act) shall at the time of filing an application therefore, pay a fee as required by the following schedule:

SCHEDULE OF FEES

(1) Application filing fee

$10.00

(2) Installation permit

$70.00

(3) Reinspection fee

$60.00

If the inspection or reinspection exceeds one hour the applicant shall pay an additional fee to the Planning and Development Director equivalent to Fifteen Dollars ($15.00) for each thirty (30) minutes or fractional part in excess of one hour. The Planning and Development Director shall withhold the Certificate of Occupancy until the additional fee, if any, is paid.

7-15-1680 DEDICATIONS AND IMPROVEMENTS:

Dedications of right of way and construction of public improvements on property for which a certificate of occupancy has been requested pursuant to this Article shall be governed by Article 19 (commencing with section 7-15-1940) of this Chapter.

7-15-1685 CERTIFICATE OF OCCUPANCY:

After inspection by the Planning and Development Director, and when he has determined that the buildings, structures, equipment and facilities on the property comply with all of the requirements of Articles 1, 9 and 11 of this Chapter, he shall issue a new certificate of occupancy under the Uniform Building Code and include an annotation that all requirements of said Articles 1, 9 and 11, and of this Article, have been complied with.

7-15-1690 VIOLATIONS:

It shall be unlawful for any person to commence habitation of a mobile home, which has been moved onto real property, in place of a mobile home previously removed, until the supplemental inspection has been made, and a new certificate of occupancy issued, in accordance with the provisions of this Article. Any person violating any of the provisions of this section shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.

ARTICLE 15. UNSAFE AND SUBSTANDARD BUILDINGS

7-15-1740 ADOPTION OF PORTION OF CALIFORNIA ADMINISTRATIVE CODE:

The Rules and Regulations which are presently set forth in the State Housing Law Regulations, Articles 1 through 8 of Subchapter 1 of Chapter 1 of Part 1 of Title 25 of the California Administrative Code, sections 1 through 134, inclusive, are hereby referred to, adopted and made a part of this Article with the same effect as though fully set forth herein and shall be applicable in the unincorporated territory of Tulare County.

7-15-1745 DEFINITIONS:

Whenever any of the following terms are used in the Rules and Regulations adopted by this Article, such terms shall have the following meanings:

(a)    The term "enforcement agency" shall mean the Planning and Development Department of the County of Tulare.

(b)    The term "governing board" shall mean the Board of Supervisors of the County of Tulare.

7-15-1750 POSTING SIGNS:

Immediately upon determining any building or portion thereof to be substandard, the Planning and Development Department may post upon each exit of the building a notice in substantially the following form:

D A N G E R

DO NOT ENTER

UNSAFE TO OCCUPY

This building has been determined to be substandard and a nuisance and may be dangerous to enter or occupy. It is an infraction to remove or deface this notice without permission of the Tulare County Planning and Development Department.

(Tulare County Ordinance Code section 7-15-1750.)

Planning and Development Department
County of Tulare
Courthouse, Room 111
Visalia, California 93291
(209) 733-6281

The right to post said notice is in addition to the other notices and posting requirements of the Rules and Regulations adopted by this Article. Any person who removes or defaces any notice posted pursuant to this section without the permission of the Tulare County Planning and Development Department shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.

7-15-1755 USE OF ADMINISTRATIVE RULES AND REGULATIONS:

As an alternative to the procedures set forth in the Rules and Regulations adopted by this Article, any other procedure for the repair or demolition of unsafe or substandard buildings in the Uniform Codes adopted by section 7-15-1000 of this Ordinance Code may be followed for the repair or demolition of unsafe or substandard buildings.

7-15-1760 STATEMENT OF EXPENSE: COLLECTION:

(a)    In the event that the cost of razing or removing a building or structure exceeds the proceeds from the sale of any materials, then the amount of the net expense of abating such nuisance, may be made a special assessment against the property pursuant to section 25845 of the Government Code of the State of California by order of the Board of Supervisors. Such order by the Board of Supervisors may be adopted concurrently with or at any time after the adoption of the statement of expense and shall direct the County Auditor to place such special assessment on the tax roll against the property on which the building or structure was located. The assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable. If any person pays the expenses of abatement prior to the placement of the special assessment on the tax roll, then the County Auditor shall not place the special assessment on the tax roll.

(b)    In lieu of following the procedure set forth in subsection (a) of this section, the Board of Supervisors may determine that the net expense to the County of abating the nuisance shall be a personal obligation of the property owner and direct the County Counsel to bring legal action to collect said net expense.

ARTICLE 17. FIRE FLOW AND FIRE PROTECTION

7-15-1810 PURPOSE:

The purpose of this Article is to require that minimum fire flow and fire protection standards be met and improvements be provided for certain buildings and structures prior to the issuance of a building permit or relocation permit. These standards and improvements are necessary to protect the health, safety and welfare of the residents of the County and to safeguard property from the damages caused by fire. This Article shall be liberally construed for the accomplishment of this purpose.

7-15-1815 NOT EXCLUSIVE REGULATION:

This Article is not the exclusive regulation of fire flow and fire protection standards, improvements and procedures within the County. It shall supplement and be in addition to other regulating statutes, ordinances and standards heretofore or hereafter enacted by the State, the County or other legal entity or agency having jurisdiction.

7-15-1820 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Article:

(a)    "Applicant" shall mean any person who files an application with the Planning and Development Director to obtain a building permit or relocation permit of the type specified in section 7-15-1825 of this Article.

(b)    "Planning and Development Director" shall mean the Planning and Development Director of the County of Tulare or his authorized representative.

(c)    "Days" shall mean calendar days.

(d)    "Fire flow" shall mean the rate, pressure and duration of the flow of water available to suppress, contain and control fires within buildings and structures and to protect surrounding property from damages which may result from such fires.

(e)    "Fire Warden" shall mean the Fire Warden of Tulare County or his authorized representative.

(f)    "Public Works Director" shall mean the Public Works Director of Tulare County or his authorized representative.

7-15-1825 SCOPE OF ARTICLE: EXCEPTIONS:

This Article shall apply to all building permits issued pursuant to Article 1 (commencing with section 7-15-1000) of this Chapter and all relocation permits issued pursuant to Article 5 (commencing with section 7-15-1210) of this Chapter, except for the following:

(a)    Permits for the construction or relocation of single family residences and permits for any additions thereto.

(b)    Permits for the construction of new buildings or structures which are accessory to the main use of the property and which do not exceed one thousand (1,000) square feet in area.

(c)    Permits for the construction or relocation of buildings or structures, and permits for any additions thereto, which are classified as Group U Occupancy under the California Building Code as adopted by Article 1 (commencing with section 7-15-1000) of this Chapter.

(Amended by Ord. No. 3147, effective 1-19-96; amended by Ord. No. 3407, effective 6-3-10)

7-15-1830 PERMITS: ISSUANCE:

No permit of the type specified in section 7-15-1825 of this Article shall be issued by the Planning and Development Director until:

(a)    The Fire Warden, or the Board of Supervisors after an appeal hearing, determines and certifies in writing that the proposed construction or relocation complies with the requirements of this Article.

(b)    The Public Works Director certifies in writing that the applicant has entered into an agreement for construction of the improvements required by this Article and deposited the required security when such an agreement and security are required under the provisions of this Article.

(c)    All Fire Warden inspection fees required by this Article are paid.

7-15-1835 ADOPTED STANDARDS:

Except as otherwise provided in this Article, the minimum fire flow and improvement standards shall conform to Appendix B of the California Fire Code in those communities that have a water district with pressurized underground water mains and fire hydrants as adopted by Sections 7-15-1115 and 7-15-1130 (a) of this ordinance code. In areas that do not have a pressurized underground water supply system, the water flow standard shall be NFPA 1142 as adopted by Article 22, Sections 7-15-2315 and 7-15-2320 of this ordinance code.

(Amended by Ord. No. 3407, effective 6-3-10)

7-15-1840 ALTERNATIVE STANDARDS AND IMPROVEMENTS:

If an applicant determines that it will be unduly burdensome or difficult to comply with the fire flow and improvement standards required by section 7-15-1835 of this Article, he may apply to provide alternative safeguards, appliances, systems or materials in lieu of full compliance with said fire flow and improvement standards. Said safeguards, appliances, systems or materials may include, but shall not be limited to, automatic detection, alarm and signaling systems, automatic sprinkler, water spray or chemical fire extinguishing systems, standpipes and hose, fixed or portable fire extinguishers, fire resistive building materials, breathing apparatus, or any other fire extinguishing system, appliance or material. Prior to starting a project, an applicant may consult with the Fire Warden and ascertain what alternative safeguards, appliances, systems or materials would be acceptable in lieu of full compliance with said fire flow and improvement standards.

7-15-1845 APPLICATION TO FIRE WARDEN: FEES: COSTS:

An applicant who desires to provide alternative safeguards, appliances, systems or materials, as authorized by section 7-15-1840 of this Article, may file a written application therefore with the Fire Warden. Said application shall specifically set forth the reasons for any such modification, reduction or alteration and the alternative safeguards, appliances, systems or materials which he wishes to provide. Such application shall be accompanied by a fee in the amount of 0 Dollars ($0) to defray the expenses of investigating the feasibility of said request. To assist in making the determination to allow use of such alternative safeguards, appliances, systems or materials, the Fire Warden may require that the alternative fire improvement plans be submitted to an independent engineering firm for the propose of preparing and submitting directly to the Fire Warden a detailed analysis of the viability of such alternative fire improvement plans. Payment of the services rendered by such firm shall be the responsibility of the applicant.

7-15-1850 INVESTIGATION AND DETERMINATION:

(a)    The Fire Department plan review staff shall review all applications for permits covered by the provisions of this Article and all applications to provide alternative safeguards, appliances, systems or materials and make such investigation as he deems necessary and appropriate. Upon the basis of the application for a permit, any application to provide alternative safeguards, appliances, systems or materials, any evidence submitted and the results of any investigation, the Department plan review staff shall determine the fire flow and fire protection standards, safeguards, appliances and systems to be complied with and provided by the applicant. The Fire Department plan review staff shall give written notice to the applicant, the Public Works Director and the Planning and Development Director of his determination. The written notice shall specifically provide whether or not the permit shall be issued, whether any conditions shall be attached thereto, whether any of the improvements required must be inspected by the Fire Department staff during or upon completion of installation or construction and, if so, which improvements must be inspected, and whether the applicant is required to enter into an agreement, and the amount of security to be provided in accordance with sections 7-15-1855 and 7-15-1860 of this Article.

(b)    When a complete automatic fire sprinkler system is installed as an alternative to the fire flow and improvement standards, in his discretion, the Fire Warden may reduce the required fire flow in accordance with the following schedule:

Area

Maximum Allowance
in Reduction

(1) 0 to 4,999 sq. ft.

100%

(2) 5,000 to 10,000 sq. ft.

50%

(3) Over 10,000 sq. ft.

25%

*    Where no public or private water systems are available for fire protection.

(c)    When an applicant plans to maintain his proposed structure clear of other structures as an alternative to the fire flow and improvement standards, in his discretion, the Fire Warden may reduce the required flow in accordance with the following schedule:

Distance of

Separation

Maximum Allowance
in Reduction

(1) Less than 50 feet

0

(2) 50 to 100 feet

10%

(3) 101 to 150 feet

15%

(4) In excess of 150 feet

25%

(d)    When fire resistive construction is used in a project as an alternative to the fire flow and improvement standards, in his discretion, the Fire Warden may reduce the required fire flow up to a maximum of 25%.

(e)    Except as provided in paragraph (b) above, the maximum accumulative reduction allowed is 50% of the required fire flow. In any event, no required fire flow shall be less than 500 gpm.

(Amended by Ord. No. 3407, effective 6-3-10)

7-15-1855 AGREEMENT:

Prior to the issuance of the permit, the applicant shall enter into an agreement with the County, through the Public Works Director, in compliance with the requirements of section 7-15-2005 of this Ordinance Code which may thereafter be extended in accordance with section 7-15-2010 of this Ordinance Code. However, such agreement shall only be required if improvements are to be constructed which are not included as part of the building or structure to be built or relocated on the property. Such improvements, not part of the building or structure, shall be installed and made serviceable prior to and during the construction of applicant’s building unless such improvement is otherwise modified or waived by the Fire Warden. Any improvements which are to be included as part of such building or structure shall be included as conditions of the building permit and no security shall be required. The Planning and Development Director shall not issue a certificate of occupancy until said conditions have been fully met and said improvements completely operational.

7-15-1860 SECURITY:

(a)    Prior to issuance of the permit, the applicant shall provide the Public Works Director with security in accordance with section 7-15-2015 of the Ordinance Code, sufficient to assure that the improvements required by the agreement entered into pursuant to section 7-15-1855 of the Article are installed and made operational in a satisfactory manner.

(b)    Where the security provided is in the nature of a financial guarantee, the amount shall be determined by the Fire Warden. To assist in making such determination, the Fire Warden may require that the fire improvement plans be submitted to an approved independent engineering firm for the purpose of estimating the cost of the improvements. Payment for the services rendered by such firm shall be the responsibility of the applicant.

7-15-1865 FIRE WARDEN INSPECTION FEES:

(a)    Where an agreement and security under section 7-15-1855 and 7-15-1860 of this Article are required, the fees to cover the cost of any required Fire Department inspections shall be paid to and collected by the Resource Management Agency Director prior to or at the time Applicant provides the security required by section 7-15-1860.

(b)    Where the installation or construction of the improvements required under this Article are to be included as part of the conditions of the building permit, the fees to cover the cost of any required Fire Department inspections shall be paid in the same manner and collected at the same time as building permit fees.

(c)    Unless otherwise provided, the fees that are paid to cover the cost of the Fire Department inspections required under this Article shall be those adopted by the Board of Supervisors by resolution and shall be in addition to the fees for Fire Department review of plans and permit applications established by section 7-15-1020 of this Ordinance Code.

(Amended by Ord. No. 3407, effective 6-3-10)

7-15-1870 APPEAL:

An applicant who wishes to appeal from any determination, except those made by the Fire Marshal under section 7-15-1875, by the Fire Marshal or the Resource Management Agency Director may do so to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Amended by Ord. No. 3407, effective 6-3-10)

7-15-1875 VOLUNTARY INSPECTIONS:

From time to time, the Fire Department will receive requests for inspections of real or personal property for fire safety or fire insurance purposes unconnected with any permit or entitlement to use addressed by this Article. Such requests shall be subject to the following conditions and requirements:

(a)    Any person or entity voluntarily requesting a Fire Department inspection unconnected with a permit or County of Tulare land use or entitlement to use approval shall submit a written application for such inspection, which application shall be in the form and contain the information specified by the Fire Department, and shall pay the required inspection fees set out in subsection (c) below. If the person or entity making the request is not the owner of the property to be inspected, the application shall include written permission, in the form required by the Fire Department from the owner or the owner’s authorized agent for such inspections and for entry onto the property.

(b)    Each applicant for an inspection shall agree to hold the County and its officers, agents, and employees harmless from any and all causes of action, penalties, liabilities, or loss resulting from the issuance of any reports, statements or letters in regard to the requested inspection or resulting from claims or court actions arising out of any accidents, loss or damage to persons, including the County, its officers, agents and employees, or property, including the property of the County or its officers, agents and employees, occurring as a result of any activities related to and/or undertaken by the County, its officers, agents and employees to carry out the requested inspection, and said agreement shall be set forth in the application form.

(c)    Unless otherwise provided, the applicant shall pay the fees established by ordinance by the Board of Supervisors by resolution relative to voluntary inspections, which may be amended from time to time.

(d)    Nothing in this section shall be deemed to make it mandatory for the County or the Fire Department to perform any requested inspection. The decision to accept any application and grant and request for such an inspection shall rest solely with the fire department and such application may be rejected or any request may be denied without cause. There shall be no appeals to the Board of Supervisors concerning any decision, finding or activity of the Fire Department under this section.

(Amended by Ord. No. 3407, effective 6-3-10)

7-15-1880 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.

7-15-1885 TERMINATION OF PERMIT: ANNEXATION: FAILURE TO COMPLETE WORK:

The rights, duties and procedures pertaining to the termination of any permit, the annexation of the property on which the required improvements are to be constructed, the failure to complete the work in the manner required and the release of security, shall be in accordance with sections 7-15-2045 through 7-15-2060 of this Chapter.

7-15-1890 DUTY TO MAINTAIN IMPROVEMENTS: FAILURE TO MAINTAIN IMPROVEMENTS:

The building owner shall be responsible for maintaining and keeping in operating condition all sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers and any other fire protective or extinguishing system or appliance which is installed or required to be installed pursuant to this Article. Failure to maintain such fire protective or extinguishing system or appliance in an operating condition shall constitute an infraction.

ARTICLE 19. DEDICATIONS AND IMPROVEMENTS

7-15-1940 PURPOSES:

The purposes of this Article are as follows:

(a)    To require dedications of right of way and construction of necessary improvements in connection with the issuance of building permits, and certain other permits and certificates, pursuant to the police power of the County. In accordance with section 65909 of the Government Code of the State of California, the dedications and improvements required pursuant to this Article shall be reasonably related to the use of the property for which the permit or certificate is issued.

(b)    To require construction of required improvements in connection with final maps and parcel maps when such construction was deferred at the time of approval of the final map or parcel map in accordance with section 7-01-2075 or section 7-01-2450 of this Ordinance Code.

7-15-1945 SCOPE OF ARTICLE:

This Article applies to all permits and certificates which are issued for the following purposes:

(a)    Permits for construction of new buildings and structures issued pursuant to Article 1 (commencing with section 7-15-1000) of this Chapter, except those which are accessory to the main use of the property and contain less than one thousand (1,000) square feet of covered floor space, and except those buildings and structures that come within a Group U Occupancy under the Uniform Building Code as adopted by said Article 1.

(b)    Permits for all additions to existing buildings and structures except the following:

(1)    Additions to single family residences.

(2)    Additions to buildings and structures which are accessory to the main use on the property if the total covered floor area of the accessory building will be less than one thousand (1,000) square feet after the addition.

(3)    Additions to buildings and structures that come within a Group U Occupancy under the Uniform Building Code as adopted by Article 1 (commencing with section 7-15-1000) of this Chapter.

(c)    Permits for relocation of buildings and structures issued pursuant to Article 5 (commencing with section 7-15-1210) of this Chapter.

(d)    Certificates of occupancy of mobile homes and travel trailers issued pursuant to Article 13 (commencing with section 7-15-1650) of this Chapter.

(Amended by Ord. No. 3147, effective 1-19-96.)

7-15-1950 DEDICATION OF RIGHT OF WAY:

(a)    If the property on which the proposed building or structure will be located is two and one-half (2 1/2) acres or less in area, and the permit or certificate applied for pertains only to a single family residence or mobilehome or a building or structure accessory to such a residence or mobilehome, the applicant for the permit or certificate shall dedicate to the County the additional right of way required to widen any contiguous road in accordance with subsection (c) below.

(b)    If the property on which the proposed building or structure will be located is ten (10) acres or less in area, and the permit or certificate applied for pertains to a building or structure which is not a single family residence or mobilehome or a building or structure accessory to such a residence or mobilehome, the applicant for the permit or certificate shall dedicate to the County the additional right of way required to widen any contiguous road in accordance with subsection (c) below.

(c)    Dedications under this section shall be to widen the contiguous road to the ultimate right of way for the road as specified for road classifications in the improvement standards which are referred to in section 7-01-2025 of this Ordinance Code. If the property on which the building or structure will be located does not have any frontage on a County road, no dedication shall be required. The executed deed shall be submitted to the Public Works Director prior to the issuance of the permit or certificate.

7-15-1955 SAME: EXCEPTIONS AND MODIFICATIONS:

Regardless of the provisions of section 7-15-1950 of this Article, no dedication of right of way shall exceed the dedication which would be required under the procedure for parcel maps as set forth in section 7-01-2150 et seq. of this Ordinance Code. If no such dedication would be required if the property for which the permit or certificate is requested were a parcel being created under said parcel map procedure, then no dedication is required under this Article.

7-15-1960 SAME: EXCEPTIONS FOR TEMPORARY PERMITS:

Regardless of the provisions of section 7-15-1950 of this Article, no dedication of right of way shall be required if the building, structure, mobilehome or travel trailer can only be used or occupied for a period of one (1) year or less because of a restriction imposed by a use permit, variance or any other type of permit granted by a County officer, board or commission. However, if such use permit, variance or other permit is thereafter extended or renewed for the same building, structure, mobilehome or travel trailer so as to allow such use or occupation to continue for an additional period of time, and the total period of time under the original and the subsequent use permit, variance or other permit will exceed one (1) year, the County officer, board or commission shall require the permittee to dedicate right of way in full compliance with the provisions of this Article when granting the use permit, variance or other permit.

7-15-1965 SAME: WAIVER BY PUBLIC WORKS DIRECTOR:

If the Public Works Director determines that the additional right of way to be dedicated under section 7-15-1950 of this Article will not be beneficial to the County, or a city that might be the successor in interest to the County, or that the dedication will not be beneficial to the area served by the road, or that it will probably not be used for road widening even if it is dedicated, he may waive the requirement that such right of way be dedicated.

7-15-1970 SAME: ENCUMBRANCES:

Deeds conveying to the County the right of way required under this Article shall be properly executed by the owner of the property and by all parties having an interest in the property including, but not limited to, beneficiaries and trustees of deeds of trust and persons holding mortgages and liens on the property being dedicated.

7-15-1975 IMPROVEMENTS: OTHER THAN SUBDIVISIONS:

(a)    In addition to the dedications of right of way required under this Article, the person securing a permit or certificate shall also be required to construct certain improvements as a condition of issuance of the permit or certificate. The improvements which are to be constructed shall be curbs and gutters, road construction, and any other public improvements which will be located on the property for which the permit or certificate is issued and relate to a traffic or drainage problem arising from the property or the building, structure or mobilehome proposed to be constructed on or moved onto the property.

(b)    Improvements are not required under this section on private roads.

(c)    This section shall not apply to a person who is required to construct deferred final map or parcel map improvements pursuant to section 7-15-1995 of this Article.

7-15-1980 SAME: EXCEPTIONS AND MODIFICATIONS:

Regardless of the provisions of section 7-15-1975 of this Article, no improvements shall be required that exceed the required improvements under the procedure for parcel maps as set forth in section 7-01-2150 et seq. of this Ordinance Code. If a particular improvement would not be required if the property for which the permit or certificate is requested were a parcel being created under such parcel map procedure, then such an improvement shall not be required under this Article.

7-15-1985 SAME: EXCEPTIONS FOR TEMPORARY PERMITS:

Regardless of the provisions of section 7-15-1975 of this Article, no improvements shall be required if the building, structure, mobilehome or travel trailer can only be used or occupied for a period of one (1) year or less because of a restriction imposed by a use permit, variance or any other type of permit granted by a County officer, board or commission. However, if such use permit, variance or other permit is thereafter extended or renewed for the same building, structure, mobilehome or travel trailer so as to allow such use or occupation to continue for an additional period of time, and the total period of time under the original and the subsequent use permit, variance or other permit will exceed one (1) year, the County officer, board or commission shall include a condition requiring the permittee to construct all required improvements in full compliance with the provisions of this Article when granting the use permit, variance or other permit.

7-15-1990 SAME: WAIVER BY PUBLIC WORKS DIRECTOR:

(a)    If the Public Works Director determines that the construction of any improvements that would ordinarily be required under section 7-15-1975 of this Article will not be beneficial within the next twenty (20) years to either the County or the area served by the road or other improvement, he may waive the requirement that such improvements be constructed.

(b)    If the improvements required under section 7-15-1975 are in relation to a road that reasonably might be annexed to a city within the next twenty (20) years, the Public Works Director may waive the requirement that such improvements be constructed only if both the Public Works Director and the City Engineer of such city agree that the improvements will not be beneficial within the next twenty (20) years to either the County, the area served by the road, or the city. If the Public Works Director and the City Engineer do not agree on such waiver, the Public Works Director shall notify the Board of Supervisors of the disagreement and the Board, after hearing both positions, shall render the final decision at a regular public meeting.

7-15-1995 IMPROVEMENTS: DEFERRED SUBDIVISION AND PARCEL MAP IMPROVEMENTS:

(a)    When a final subdivision map has been approved, and construction of any improvements was deferred in accordance with section 7-01-2075 of this Ordinance Code, such deferred improvements shall also be constructed in accordance with the requirements of this Chapter. The person securing a permit or certificate shall be required to construct the deferred improvements which were required at the time of approval of the tentative subdivision map. Any agreement which has been entered into pursuant to section 7-01-1775 of this Ordinance Code shall also govern construction of such deferred improvements.

(b)    When a final parcel map has been approved, and construction of any improvements was deferred in accordance with section 7-01-2450 of this Ordinance Code, such deferred improvements shall also be constructed in accordance with the requirements of this Chapter. The person securing a permit or certificate shall be required to construct the deferred improvements which were required at the time of approval of the tentative parcel map. Any agreement which has been entered into pursuant to section 7-01-2335 of this Ordinance Code shall also govern construction of such deferred improvements.

7-15-2000 STANDARDS FOR IMPROVEMENTS:

The improvements required to be constructed pursuant to this Article shall be constructed in conformity with the improvement standards which are referred to in section 7-01-2025 of this Ordinance Code.

7-15-2005 AGREEMENT TO CONSTRUCT IMPROVEMENTS:

(a)    Prior to the issuance of the permit or certificate, the applicant shall enter into an agreement with the County wherein the applicant will be required to construct the required improvements by the following dates:

(1)    Prior to final inspection, or issuance of a certificate of occupancy for the work or project authorized by the permit or certificate, where the required security is provided pursuant to subsection (a) of section 7-15-2015 of this Article.

(2)    Within a period of six (6) months after the date of issuance of the permit or where the required security is provided pursuant to subsection (b) of section 7-15-2015 of this Article.

(b)    The Board of Supervisors shall approve a form agreement pertaining to the construction of such improvements. The Public Works Director, and duly authorized employees in his office, are authorized to execute, on behalf of the County of Tulare, such agreements in the approved form.

7-15-2010 EXTENSION OF TIME FOR COMPLETING IMPROVEMENTS: INCREASE IN SECURITY: APPEAL:

(a)    Under such an agreement between the County and the applicant, the Public Works Director shall be given the power to extend the time set forth in subsection (a)(2) of section 7-15-2005 of this Article beyond the initial six (6) month period specified in the agreement. The Public Works Director may grant such an extension of time when he finds good cause to do so. However, when he grants such an extension of time, he shall review the security previously deposited in accordance with section 7-15-2015 of this Article and if he determines that the estimated cost to the County to construct the required improvements has increased, the Public Works Director shall not extend the time for completion until the applicant has deposited additional security so that the total security is one hundred twenty five percent (125%) of the new estimated cost.

(b)    If an applicant is dissatisfied with the decision of the Public Works Director on a request for an extension of time or any additional security required by the Public Works Director, the applicant may appeal to the Board of Supervisors pursuant to the provisions of section 7-15-2030 of this Article, and the Board of Supervisors shall hear and decide said appeal in accordance with the provisions of said section 7-15-2030.

7-15-2015 SECURITY FOR IMPROVEMENTS:

The person requesting the permit or certificate shall provide the Public Works Director with security sufficient to assure that the requesting party will make the improvements required by this Article in accordance with said agreement. Such security shall be in one of the following forms:

(a)    An agreement by the requesting party that no portion of the work or project authorized by the permit or certificate shall be eligible for any required final inspection or issuance of a certificate of occupancy until the improvements required by this Article have been completed to the satisfaction of the Public Works Director and written evidence of such satisfaction has been filed by the Public Works Director with the Building and Planning Director. Such agreement may be executed by the Public Works Director and his duly authorized employees, on behalf of the County of Tulare, on a form approved by the Board of Supervisors.

(b)    A deposit of security with the Public Works Director in favor of the County of Tulare and in one of the following forms:

(1)    A deposit of cash with the Public Works Department, or in escrow with a responsible escrow agent or trust company.

(2)    An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(3)    An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Board of Supervisors.

(4)    A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.

Such security shall be in the amount of one hundred twenty five percent (125%) of the estimated cost to the County to construct the required improvements through contract with a contractor should the requesting party fail to comply with his agreement to construct the improvements. Said estimated cost shall be determined by the Public Works Director.

7-15-2020 DEFERRED IMPROVEMENTS: SECURITY BY DEPOSIT OR LIEN:

If the Public Works Director determines at any time that it is not feasible for the applicant or permittee, or in the best interests of the County, for the required improvements to be constructed within the periods of time set forth in section 7-15-2005 of this Article, the applicant or permittee shall, in lieu of complying or continuing to comply with section 7-15-2005 of this Article, do one of the following:

(a)    Make a deposit of money with the Public Works Director in an amount calculated as set forth in subsection (b) of section 7-15-2015 of this Article. When such a deposit has been made, the applicant shall thereafter have no further duties or liabilities in connection with the construction of the improvements. The deposit shall be held by the County, pursuant to an agreement between the applicant and the County, in a trust account and shall be used by the County solely to pay for the required work and the costs of managing the trust account. If the work has not been completed within twenty (20) years after the date of the deposit, the County shall return the amount deposited to the applicant or his heirs or assigns, along with interest thereon at a rate equal to the average rate of return earned by the County on its investments during those full calendar quarters during which the deposit was held, less one (1) full percentage point to be retained by the County to cover the costs of administering the trust account. The trust account agreement shall be on a form approved by the Board of Supervisors. The Public Works Director and duly authorized employees of his office are authorized to execute such agreements on behalf of the County on the approved form.

(b)    Enter into, or, if the applicant is not the owner, have the owner enter into an agreement with the County to construct the required improvements within sixty (60) days of receipt of a written demand by the Public Works Director. The agreement shall provide that failure to perform in a timely fashion shall entitle the County to make its own arrangements for construction of the improvements, and the cost thereof, including the reasonable costs of the Public Works Department in causing the work to be done and supervising it, shall constitute both a personal obligation of the owner and a lien on the real property for which the permit or certificate was issued. The term of the agreement shall be twenty (20) years from the date of issuance of the permit or certificate. The agreement shall be on a form approved by the Board of Supervisors and shall be executed by the Public Works Director or duly authorized employees in his office on behalf of the County. The agreement shall be recorded by the Public Works Director in the office of the County Clerk/Recorder/Assessor, and from the date of recordation shall be binding upon the heirs, successors, and assigns of the owner as a covenant running with the land. Making a deposit or entering into any agreements under the foregoing subsections shall not preclude the applicant, or owner if the applicant was not the owner, from requesting permission to complete the improvements at his own expense prior to the determination by the Public Works Director to require the construction. The Public Works Director may require, as a condition for granting such permission, that the owner or applicant take whatever measures the Director deems necessary to prevent such early construction from causing injury to the property of any public entity or private person other than the property owner. Upon completion of the improvements to the satisfaction of the Public Works Director, any deposit made hereunder shall be returned to the person who made the deposit or his heirs or assigns in the manner set forth in subsection (a) of section 7-15-2020 of this Article; any agreement made hereunder shall be canceled; and written notice of such cancellation shall be given and may be recorded in the manner set forth in subsection (a) of section 7-15-2060 of this Article.

7-15-2025 DETERMINATION OF REQUIREMENTS:

When an application for a permit or certificate which comes within the provisions of this Article is filed with the Building and Planning Director, he shall advise the Public Works Director of the filing of the application and necessary details concerning the property affected by the application. The Public Works Director shall determine the specific dedications and improvements which are required to be made under this Article, and shall advise the Building and Planning Director and the applicant of his determination.

7-15-2030 APPEAL:

When the applicant has been advised, pursuant to section 7-15-2025 of the Article, of the dedications and improvements that he will be required to make, he may appeal to the Board of Supervisors from the determination by the Public Works Director; provided, however, that a person required to construct deferred improvements in connection with a final map or a parcel map, pursuant to section 7-15-1995 of this Article, is not entitled to appeal with regard to the nature or extent of deferred improvements which he is required to construct. A notice of appeal shall be in writing, shall state specifically what requirement is being appealed from and shall be filed with the Clerk of the Board of Supervisors. The Clerk of the Board shall set the matter for hearing before the Board at a meeting to be held within twenty (20) days after the date of filing the appeal. The Clerk shall give notice of the time of the hearing to the person filing the appeal, the Public Works Director and the Planning and Development Director. The Board of Supervisors shall hear the matter de novo. The decision of the Board of Supervisors after such hearing shall be final and conclusive as to all things involved in the matter. The Clerk of the Board shall give written notice of the decision to the applicant, the Public Works Director and the Planning and Development Director.

7-15-2035 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.

7-15-2040 ISSUANCE OF PERMIT:

When the property to be dedicated for right of way and the improvements to be constructed have been determined in accordance with the provisions of this Article, and when the applicant has delivered the required deeds and has entered into the agreement required by section 7-15-2005 of this Article and provided the security for construction of the required improvements in accordance with section 7-15-2015 of this Article, or has made the deposit or entered into the lien agreement authorized by section 7-15-2020 of this Article, the Public Works Director shall authorize the Planning and Development Director to issue the permit or certificate.

7-15-2045 TERMINATION OF PERMIT:

When a person has entered into an agreement with the County to construct required improvements, and the permit or certificate which he was issued becomes null and void for any reason, without any work having been performed under the permit or certificate, and the improvements required by the agreement have not been constructed, the Public Works Director shall, at the request of said person, terminate the agreement by mutual consent of the parties and release the security.

7-15-2050 ANNEXATION BY CITY:

If the property on which the required improvements are to be constructed is annexed to a city prior to completion of the improvements, the County may assign to the City all of its rights and responsibilities in regard to said improvements conferred by this Article and transfer the security on deposit, if any, to the City Council of the City. The City Council, or the City official designated by the City Council, shall thereafter have the right to require and/or arrange completion of the improvements and, in this respect, the City Council or its designee shall be deemed to have all of the powers conferred upon the Public Works Director by this Article.

7-15-2055 FAILURE TO COMPLETE WORK:

Where security has been provided pursuant to section 7-15-2015 of this Article, failure to perform the work in the manner required by this Article within the time set forth in the agreement or upon expiration of any extension of time granted by the Public Works Director shall have the following consequences:

(a)    If the security was provided pursuant to subsection (a) of section 7-15-2015 of this Article, the Building and Planning Director or his duly authorized employees shall notify the Public Works Director in writing of any request for a final inspection or issuance of a certificate of occupancy. Upon receipt of such notice, the Public Works Director shall notify the Building and Planning Director of whether the required improvements have been completed in a satisfactory manner. The Building and Planning Director and his employees shall refuse to conduct any final inspection of, or issue any certificate of occupancy for, the work or project for which the permit or certificate was issued until the Building and Planning Director has received such written notification of satisfactory completion.

(b)    If the security was provided pursuant to subsection (b) of section 7-15-2015 of this Article, the Public Works Director shall mail a notice to the person who deposited the security at the address set forth in the agreement. The notice shall advise the person that if the required work is not completed in full compliance with the agreement within sixty (60) days after the date of mailing of the notice, the Public Works Director will cause the required work to be performed, and the security on deposit will be used to pay the costs of performing said work, including the reasonable costs of the Public Works Department in causing said work to be done and supervising it. The Public Works Director may have such work performed by contract or by any other means legally available. Upon completion of the work, the balance, if any, of such deposit, after deducting therefrom the cost of performing the work and the reasonable costs of the Public Works Department in causing the work to be done and supervising it, shall be returned to the person who made the deposit or his heirs, successors or assigns. If the security was in the form of cash or a cashier’s check made payable to the County, said deposit shall, if invested, earn interest thereon and a portion of that interest shall be returned with the return of the deposit in the manner prescribed by subsection (b) of section 53079 of the Government Code.

7-15-2060 RELEASE OF SECURITY:

(a)    When the person receiving the permit or certificate has completed the construction of improvements pursuant to this Article, he shall give written notice to the Public Works Director. If the Public Works Director determines that such work has been completed in a satisfactory manner in compliance with the provisions of all applicable statutes, ordinances, encroachment and other permits, and improvement standards, he shall authorize the release of the security. Where the security was provided pursuant to subsection (a) of section 7-15-2015 of this Article, the security shall be released by filing written notice thereof with the Building and Planning Director. Where the security was provided pursuant to subsection (b) of section 7-15-2015, the security shall be released by mailing notice thereof to the owner and returning the cash deposit or security instrument to the depositor or surety. Where the security was provided pursuant to subsection (b) of section 7-15-2020 of this Article, the security shall be released by mailing notice thereof in a recordable form to the owner. The owner shall have sole responsibility for recording this notice in the Office of the County Clerk/Recorder/ Assessor.

(b)    In those cases where more than one item or work is to be performed, the Public Works Director may, from time to time, authorize a partial release of such security, so long as sufficient security is retained to cover the uncompleted portion of the work.

ARTICLE 20. CALIFORNIA HISTORICAL BUILDING CODE, TITLE 24, PART 8

7-15-2115 ADOPTION OF CALIFORNIA HISTORICAL CODE, TITLE 24, PART 8:

Except as otherwise provided in this Article, specific chapters and articles of the code known as the California Historical Code, Part 8 of Title 24, 2010 Edition, published by the International Code Council, are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "California Historical Code."

The California Historical Code is adopted in its entirety.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-2120 ENFORCEMENT:

The Fire Chief and Building Official of the County of Tulare or their authorized representatives shall enforce the California Historical Code in buildings or properties designated as qualified historical buildings or properties, within the unincorporated areas of the County not within formally established fire protection districts. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Fire Chief and Building Official and their authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-2125 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

County agencies may charge fees, when actively involved in an appeal of a local enforcement decision that has gone to the State Historical Building Safety Board.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-2130 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Fire Department’s decision, Building Official’s decision, or the decision of any county agency to the Board of Supervisors as per section 165 of the County Ordinance Code. If further appeal is necessary, it shall be appealed to the State Historical Building Safety Board as per Health and Safety Code Section 18960 (c) (1, 2 & 3).

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-2135 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Historical Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of the California Historical Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

7-15-2145 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this Article or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Supervisors that it would have passed all other portions of the ordinance codified in this Article independent of the elimination herefrom of any such portion as may be declared invalid.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11)

ARTICLE 21. TITLE 19, CALIFORNIA CODE OF REGULATIONS

7-15-2215 ADOPTION OF TITLE 19, CALIFORNIA CODE OF REGULATIONS:

Except as otherwise provided in this Article, specific chapters and articles of the code known as Barclays, Title 19, Division 1, California Code of Regulations, published by Thomson/West are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "Title 19, California Code of Regulations."

The adopted chapters and articles shall be as follows:

Chapter 1 – General Fire and Panic Safety Standards (Articles 1, 2, 3, and 4).

Chapter 1.5 – Construction Materials and Equipment Listings.

Chapter 2 – Tents, Awnings and Other Fabric Structures (Articles 2, 3, 4 and 5).

Chapter 3 – Fire Extinguishers (Articles 1 – 11).

Chapter 4 – Fire Alarm Systems and Devices.

Chapter 5 – Automatic Fire Extinguisher Systems.

Chapter 6 – Fireworks.

Chapter 8 – Regulations Relating to Flame-retardant Chemicals, Fabrics and Application Concerns.

Chapter 10 – Explosives.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2220 ENFORCEMENT:

The Fire Chief of the County of Tulare or his or her authorized representatives shall enforce Title 19, California Code of Regulations, within the unincorporated areas of the County not within formally established fire protection districts. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Fire Chief or his or her authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2225 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2230 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Fire Department’s decision, or the decision of any county agency, to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2235 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS:

The Board of Supervisors, upon advice from the Fire Chief and his authorized representatives, shall determine and specify by amendment to this Ordinance Code, after giving affected persons an opportunity to be heard, any new materials or processes for which permits are required in addition to those now enumerated in Title 19, California Code of Regulations. The Fire Chief shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2240 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of Title 19, California Code of Regulations, or this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of Title 19, California Code of Regulations, or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2245 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this Article or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of Board of Supervisors that it would have passed all other portions of the ordinance codified in this Article independent of the elimination herefrom of any such portion as may be declared invalid.

(Added by Ord. No. 3407, effective 6-3-10)

ARTICLE 22. NFPA 1142, WATER SUPPLIES FOR SUBURBAN AND RURAL FIRE FIGHTING

7-15-2315 ADOPTION OF NFPA 1142 – WATER SUPPLIES FOR SUBURBAN AND RURAL FIRE FIGHTING:

Except as otherwise provided in this Article, specific chapters and articles of the code known as NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting, 2007 Edition, published by the National Fire Protection Association are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "NFPA 1142". This standard shall be adopted in its entirety without amendments.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2320 APPLICABILITY:

This standard shall apply as relates to water supplies in all unincorporated areas of the county that do not have a pressurized underground water supply system. It does not apply to those communities that are served by water districts that do have an underground water supply system that is pressurized and that provide fire hydrants for fire department use.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2325 ENFORCEMENT:

The Fire Chief of the County of Tulare or his or her authorized representatives shall enforce NFPA 1142 within the unincorporated areas of the County not within formally established fire protection districts. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Fire Chief or his or her authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2330 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2335 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Fire Department’s decision to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2340 NEW MATERIALS, PROCESSES WHICH MAY REQUIRE PERMITS:

The Board of Supervisors, upon advice from the Fire Chief and his authorized representatives shall determine and specify by amendment to this Ordinance Code, after giving affected persons an opportunity to be heard, any new materials or processes for which permits are required in addition to those now enumerated in NFPA 1142. The Fire Chief shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2345 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of NFPA 1142 or this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of NFPA 1142 or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3407, effective 6-3-10)

7-15-2350 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this Article or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of Board of Supervisors that it would have passed all other portions of the ordinance codified in this Article independent of the elimination herefrom of any such portion as may be declared invalid.

(Added by Ord. No. 3407, effective 6-3-10)

ARTICLE 23. CALIFORNIA RESIDENTIAL CODE, TITLE 24, PART 2.5

7-15-2410 ADOPTION OF CALIFORNIA RESIDENTIAL CODE, TITLE 24, PART 2.5:

Except as otherwise provided in this Article, specific chapters and articles of the code known as the California Residential Code, Part 2.5 of Title 24, 2010 Edition, published by the International Code Council, are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "California Residential Code."

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2415 ENFORCEMENT:

The Fire Chief and Building Official of the County of Tulare or their authorized representatives shall enforce the California Residential Code in buildings or properties within the unincorporated areas of the County not within formally established fire protection districts. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Fire Chief or Building Official or their authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2420 AMENDMENTS MADE TO THE CALIFORNIA RESIDENTIAL CODE:

The California Residential Code, together with the Appendices thereto, is hereby amended and changed as follows:

a)    Appendices I, L, M, O and R are not adopted.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2425 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2430 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Fire Department’s or Building Department’s decision, or the decision of any county agency, to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2435 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Residential Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of the California Residential Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2440 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this Article or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Supervisors that it would have passed all other portions of the ordinance codified in this Article independent of the elimination herefrom of any such portion as may be declared invalid.

(Added by Ord. No. 3421, effective 2-10-11)

ARTICLE 24. CALIFORNIA ADMINISTRATIVE CODE, TITLE 24, PART 1

7-15-2510 ADOPTION OF CALIFORNIA ADMINISTRATIVE CODE, TITLE 24, PART 1:

Except as otherwise provided in this Article, specific chapters and articles of the code known as the California Administrative Code, Part 1 of Title 24, 2010 Edition, published by the International Code Council, are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "California Administrative Code." The California Administrative Code is adopted in its entirety.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2515 ENFORCEMENT:

The Building Official of the County of Tulare and his/her authorized representatives shall enforce the California Administrative Code in buildings or properties within the unincorporated areas of the County not within formally established fire protection districts. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Building Official or his/her authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2520 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2525 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Building Department’s decision, or the decision of any county agency, to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2530 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Administrative Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of the California Administrative Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2535 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this Article or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Supervisors that it would have passed all other portions of the ordinance codified in this Article independent of the elimination herefrom of any such portion as may be declared invalid.

(Added by Ord. No. 3421, effective 2-10-11)

ARTICLE 25. CALIFORNIA ENERGY CODE, TITLE 24, PART 6

7-15-2610 ADOPTION OF CALIFORNIA ENERGY CODE, TITLE 24, PART 6:

Except as otherwise provided in this Article, specific chapters and articles of the code known as the California Energy Code, Part 6 of Title 24, 2010 Edition, published by the International Code Council, are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "California Energy Code." The California Energy Code is adopted in its entirety.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2615 ENFORCEMENT:

The Building Official of the County of Tulare and his/her authorized representatives shall enforce the California Energy Code in buildings or properties within the unincorporated areas of the County not within formally established fire protection districts. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Building Official or his/her authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2620 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2625 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Building Department’s decision, or the decision of any county agency, to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2630 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Energy Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of the California Energy Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2635 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this Article or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Supervisors that it would have passed all other portions of the ordinance codified in this Article independent of the elimination herefrom of any such portion as may be declared invalid.

(Added by Ord. No. 3421, effective 2-10-11)

ARTICLE 26. CALIFORNIA GREEN BUILDINGS STANDARDS CODE, TITLE 24, PART 11

7-15-2710 ADOPTION OF CALIFORNIA GREEN BUILDINGS STANDARDS CODE, TITLE 24, PART 11:

Except as otherwise provided in this Article, specific chapters and articles of the code known as the California Green Buildings Standards Code, Part 11 of Title 24, 2010 Edition, published by the International Code Council, are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "California Green Buildings Standards Code." The California Green Buildings Standards Code is adopted in its entirety.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2715 ENFORCEMENT:

The Building Official of the County of Tulare and his/her authorized representatives shall enforce the California Green Buildings Standards Code in buildings or properties within the unincorporated areas of the County not within formally established fire protection districts. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Building Official or his/her authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2720 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2725 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Building Department’s decision, or the decision of any county agency, to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2730 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Green Buildings Standards Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of the California Green Buildings Standards Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2735 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this Article or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Supervisors that it would have passed all other portions of the ordinance codified in this Article independent of the elimination herefrom of any such portion as may be declared invalid.

(Added by Ord. No. 3421, effective 2-10-11)

ARTICLE 27. CALIFORNIA STANDARDS CODE, TITLE 24, PART 12

7-15-2810 ADOPTION OF CALIFORNIA STANDARDS CODE, TITLE 24, PART 12:

Except as otherwise provided in this Article, specific chapters and articles of the code known as the California Standards Code, Part 12 of Title 24, 2010 Edition, published by the International Code Council, are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "California Standards Code." The California Standards Code is adopted in its entirety.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2815 ENFORCEMENT:

The Building Official of the County of Tulare and his/her authorized representatives shall enforce the California Standards Code in buildings or properties within the unincorporated areas of the County not within formally established fire protection districts. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Building Official or his/her authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2820 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2825 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person can appeal the Building Department’s decision, or the decision of any county agency, to the Board of Supervisors as per section 165 of the County Ordinance Code.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2830 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Standards Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. Any person in violation of the California Standards Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11)

7-15-2835 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this Article or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Supervisors that it would have passed all other portions of the ordinance codified in this Article independent of the elimination herefrom of any such portion as may be declared invalid.

(Added by Ord. No. 3421, effective 2-10-11)