Chapter 9-0.5 ADMINISTRATION

CHAPTER 0.5. ADMINISTRATION Revised 2/23

Chapter 0.5 was hereby added to Title 9 of the Municipal Code by §2, Ord. 2065, effective January 1, 2008.

Article 1. Title, Scope and General

9-0.5.101 Title.

The regulations in this chapter shall be known as the "Walnut Creek Building Regulations," may be cited as such, and will be referred to within this chapter as "this code."

The following referenced codes, as adopted in Title 9 of the Municipal Code, shall be administered in accordance with this chapter, shall be considered part of the requirements of this code, and shall be known, designated and referred to as the "Building and Safety Codes" for the City of Walnut Creek:

a. Building Code, as set forth in Chapter 1 of this title.

b. Electrical Code, as set forth in Chapter 3 of this title.

c. Plumbing Code, as set forth in Chapter 4 of this title.

d. Housing Code, as set forth in Chapter 5 of this title.

e. Mechanical Code, as set forth in Chapter 6 of this title.

f. Dangerous Buildings Code, as set forth in Chapter 7 of this title.

g. Earthquake Hazard Reduction in Existing Buildings, as set forth in Chapter 14 of this title.

h. Energy Code, as set forth in Chapter 17 of this title.

i. Historical Building Code, as set forth in Chapter 18 of this title.

j. Fire Code, as set forth in Chapter 19 of this title.

k. Residential Code, as set forth in Chapter 20 of this title.

l. Green Building Code, as set forth in Chapter 21 of this title.

m. Existing Building Code, as set forth in Chapter 22 of this title. (§3, Ord. 2201, eff. 1/1/20)

9-0.5.102 Purpose.

The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, occupancy, and maintenance or use of all buildings and structures, electrical conductors and equipment, plumbing and drainage systems, mechanical systems, heating, ventilating, cooling, refrigeration systems, or other heat-producing appliances, swimming pools, spas or hot tub systems, or solar energy systems within this jurisdiction. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.103 Scope.

The provisions of this code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of any buildings and structures, electrical conductors and equipment, plumbing and drainage systems, mechanical systems, heating, ventilating, cooling, refrigeration systems, or other heat-producing appliances, swimming pools, spas or hot tub systems, or solar energy systems within this jurisdiction.

Additions, alterations, repairs and replacement of buildings, structures, equipment or systems shall comply with the provisions for new buildings, structures, equipment and systems except as otherwise provided in Section 9-0.5.104 of this code.

Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.104 Application to Existing Buildings, Structures and Systems.

a. Additions, Alterations or Repairs. Additions, alterations or repairs may be made to any building, structure, or electrical conductors and equipment, plumbing and drainage systems, mechanical systems, swimming pools, spas or hot tub systems, or solar energy systems without requiring the existing systems to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure or system. Additions, alterations or repairs shall not cause an existing building, structure or system to become unsafe, unhealthy or overloaded.

Minor additions, alterations and repairs to existing buildings, structures, or electrical conductors and equipment, plumbing and drainage systems, mechanical systems, swimming pools, spas or hot tub systems, or solar energy systems may be installed in accordance with the law in effect at the time the original installation was made, when approved by the Building Official.

b. Existing Installations. Buildings, structures, electrical conductors and equipment, plumbing and drainage systems, mechanical systems, swimming pools, spas or hot tub systems, or solar energy systems lawfully in existence at the time of the adoption of this code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life, health or property has been created by such building, structure, equipment or systems.

c. Changes in Building Occupancy. Electrical conductors and equipment, plumbing and drainage systems and mechanical systems which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Building Code, shall comply with all requirements of this code which may be applicable to the new use or occupancy.

d. Maintenance. All buildings and structures, electrical, plumbing and drainage systems, mechanical systems, swimming pools, spas, hot tubs, and solar energy systems, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or his or her designated agent shall be responsible for maintenance of such systems and equipment. To determine compliance with this subsection, the Building Official may cause any such systems or equipment to be reinspected.

e. Moved Buildings. Buildings or structures, electrical, plumbing and drainage systems, mechanical systems, swimming pools, spas, hot tubs, and solar energy systems or equipment which are a part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this code for new installations. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.105 Alternate Materials and Methods of Construction.

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided any such alternate has been approved and the use authorized by the Building Official.

The Building Official may authorize any alternate material, design or method of construction, provided he finds the proposed material, design or method of construction is satisfactory for the intended use and complies with the intent of the provisions of this code and that the material, design or method of construction offered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, fire resistance, durability, safety, and sanitation.

The Building Official shall require sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. The details of any action granting approval of an alternate shall be recorded and shall be entered in the files of the code enforcement agency. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.106 Modifications.

Whenever there are practical difficulties involved in carrying out the provisions of this code, the Building Official may grant modifications for individual cases, provided he or she shall first find that a special individual reason makes the strict letter of this code impractical and the modification is in conformity with the intent and purpose of this code and that such modification does not lessen health, life or any fire protection or safety requirements or any degree of structural integrity. The details of action granting modifications shall be recorded and entered in the files of the code enforcement agency. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.107 Tests.

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternate materials or methods, the Building Official may require tests as evidence of compliance to be made at no expense to the jurisdiction.

Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall specify the testing procedures.

All tests shall be performed by an approved agency. Reports of tests shall be retained by the Building Official for the period required for retention of public records. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.108 Conflict Between Building and Safety Codes.

Repealed by §3, Ord. 2159, eff. 1/1/17. (§3, Ord. 2120, eff. 1/2/14)

9-0.5.109 Conflict Between this Chapter and Building and Safety Codes.

Whenever there exists a conflict between the provisions of this chapter and the provisions of a building and safety code, the provisions that establish the higher standards of safety or that are more restrictive shall govern. (§3, Ord. 2120, eff. 1/2/14)

9-0.5.110 Penalty.

Any person who violates any provision of this title shall be deemed guilty of a misdemeanor or an infraction.

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in Section 1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

Article 2. Organization and Enforcement

9-0.5.201 Powers and Duties of Building Official.

a. General. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes he or she shall have the powers of a law enforcement officer.

b. Deputies. In accordance with the prescribed procedures and with the approval of the appointing authority, the Building Official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. He or she may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.

c. Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the Building Official or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violations of this code which make the building or premises unsafe, dangerous or hazardous, the Building Official or his or her authorized representative may enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the Building Official by this code, provided that if such building or premises be occupied he or she shall present his or her credentials to the occupant and request entry. If such building or premises is unoccupied, the Building Official or his or her authorized representative shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused the Building Official or his or her authorized representative, he or she shall have recourse to every remedy provided by law to secure entry.

d. Stop Orders. Whenever any work is being done contrary to the provisions of this code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop work until authorized by the Building Official to proceed with the work.

e. Authority to Disconnect Utilities in Emergencies. The Building Official or his or her authorized representative shall have the authority to disconnect electric, fuel-gas utility service, water or energy supplies to a building, structure, premises or equipment regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter.

f. Authority to Condemn Equipment. Whenever the Building Official ascertains that any electrical conductors or equipment, plumbing system, or other equipment, or portion thereof, regulated by this code has become unsanitary, hazardous to life, health or property, he or she shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective equipment after receiving such notice.

When such equipment or installation is to be disconnected, written notice of such disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of the building, structure or premises. When any equipment is maintained in violation of this code, and in violation of any notice issued pursuant to the provisions of this section, the Building Official shall institute any appropriate action to prevent, restrain, correct or abate the violation.

g. Connection After Order to Disconnect. No person shall make connections from any energy, water, fuel or power supply nor supply energy or fuel or water to any equipment regulated by this code which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment.

h. Liability. The Building Official, or his or her authorized representative, charged with the enforcement of this code acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Building Official or employee because of such act or omission performed by him or her in the enforcement of any provision of such codes shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction.

This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any equipment regulated herein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any approvals issued under this code.

i. Cooperation of Other Officials and Officers. The Building Official may request, and shall receive so far as is required in the discharge of his or her duties, the assistance and cooperation of other officials of this jurisdiction. (§1, Ord. 1711, eff. 12/1/88; §2, Ord. 2065, eff. 1/1/2008; §2, Ord. 2094, eff. 1/1/11)

9-0.5.202 Unsafe Equipment.

Any electrical conductors or equipment, plumbing system, or other equipment or materials regulated by this code, which is unsanitary, unsafe or which constitutes a fire or health hazard or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Any use of equipment or materials regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, unsanitary conditions, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Any such unsafe equipment or materials is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.203 Appeals.

Repealed by §2, Ord. 2094, eff. 1/1/11. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.204 Violations.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure, electrical conductor or equipment, plumbing or drainage systems, mechanical system, swimming pool, spa or hot tub, or solar energy system or equipment or cause or permit the same to be done in violation of this code. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

Article 3. Permits and Inspections

9-0.5.301 Permits.

a. Permits Required. Except as permitted in subsection (b) of this section, no building or structure, electrical conductor or equipment, plumbing and drainage systems, mechanical system, swimming pool, spa, hot tub or solar energy system regulated by this code shall be erected, constructed, enlarged, moved, converted, demolished, improved, installed, altered, repaired, replaced or remodeled unless a separate permit for each separate building or structure has first been obtained from the Building Official.

When electrical service has been discontinued to any residence or building or any kind for a period of thirty (30) days or more, such building shall be subject to reinspection before service shall be reactivated. A permit is required and a fee shall be paid for the inspection in the amount set forth in the resolution establishing fees and charges for various municipal services adopted by the City Council.

b. Exempt Work. A permit shall not be required for the following:

1. A building permit shall not be required for the following:

(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet.

(b) Fences not over seven (7) feet high.

(d) Retaining walls that are not over four (4) feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

(e) Water tanks supported directly on grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed 2:1.

(f) Sidewalks and driveways not more than thirty (30) inches above grade, not over any basement or story below, and not part of an accessible route.

(g) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(h) Temporary motion picture, television and theater stage sets and scenery.

(i) Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than twenty-four (24) inches deep, do not exceed five thousand (5,000) gallons and are installed entirely above ground.

(j) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

(k) Swings and other playground equipment accessory to detached one- and two-family dwellings.

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

(m) Nonfixed and movable fixtures, cases, racks, counters and partitions not over five (5) feet nine (9) inches in height.

(n) Decks accessory to a Group R-3 occupancy and not exceeding two hundred (200) square feet in area, that are not more than thirty (30) inches above grade at any point, are not attached to a dwelling and do not serve the required exit door.

2. An electrical permit shall not be required in the case of any work as follows:

(a) Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

(b) Electrical equipment used for radio and television transmissions, not including equipment and wiring for a power supply and the installation of towers and antennas.

(d) Listed cord-and-plug connected temporary decorative lighting in Group R-3 and U occupancies.

(e) Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts, and not capable of supplying more than fifty (50) watts of energy in Group R-3 and U occupancies.

(f) Reinstallation of attachment plug receptacles but not the outlets therefor in Group R-3 and U occupancies.

3. A plumbing permit shall not be required in the case of any repair work as follows: The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that should any concealed trap, drainpipe, water, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as hereinbefore provided. No permit shall be required for the cleaning of stoppages or the repairing of leaks in pipes, valves, or fixtures and the removal and reinstallation of water closets when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

4. A mechanical permit shall not be required for the following:

(a) A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.

(b) A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by the Mechanical Code.

(c) Replacement of any component part or assembly of an appliance that does not alter its original approval and complies with other applicable requirements of the Mechanical Code.

(d) Self-contained refrigeration system containing ten (10) pounds or less of refrigerant and actuated by motors of one (1) horsepower or less.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of this code or other laws or ordinances of this jurisdiction. (§3, Ord. 2201, eff. 1/1/20)

9-0.5.302 Application for Permits. Revised 2/23

a. Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Each such application shall:

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

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

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

4. Be accompanied by plans, diagrams, computations and specifications and other data as required in Subsection (b) of this section.

5. Be signed by the permittee, contractor or his or her authorized representative of the permittee, who may also be required to submit additional evidence to indicate such authority. Applicant must certify that the contents thereof are true and correct under penalty of perjury.

6. Give such other data and information as may be required by the Building Official.

7. State the valuation of any new building or structure or any addition, remodeling, alteration, or repair to an existing building.

Permits shall be issued only to:

1. State licensed contractors or their respective authorized representatives, and

2. for work the contractor is licensed by the State to perform.

EXCEPTION: Permits may be issued to owners certifying proof of exemption pursuant to the exemptions specified in Chapter 9, Division 3, Section 7044 of the State of California Business and Professions Code.

b. Plans and Specifications. Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the State to practice as such.

EXCEPTION: The Building Official may waive the submission of plans, calculations or other data if he finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code.

c. Information on Plans and Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations.

d. Design professional in responsible charge.

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

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

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

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

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

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

f. Buildings and structures located in flood hazard areas. New buildings or structures located in flood hazard areas, and existing buildings or structures where the proposed work constitutes substantial improvement or repair of substantial damage, shall comply with the requirements of Section 1612 of the Building Code or Section R322 of the Residential Code, as applicable. (§1, Ord. 1711, eff. 12/1/88; §2, Ord. 2065, eff. 1/1/2008; §3, Ord. 2120, eff. 1/2/14; §6, Ord. 2227, eff. 12/16/22)

9-0.5.303 Permit Issuance. Revised 2/23

a. Issuance. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with applicable laws under their jurisdiction. If the Building Official finds that the work described in an application or a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances and that the fees specified in Section 9-0.5.304 have been paid, he shall issue a permit therefor to the applicant.

When the Building Official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans.

The Building Official may issue a permit for the construction of a part of a building or structure, electrical work, plumbing and drainage system, mechanical work, or solar energy system before the entire plans and specifications for the whole building, structure or system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit may proceed at his or her own risk without assurance that the permit for the entire building, structure, work, or system will be granted.

No permit shall be issued until the applicant has complied with the requirements of Chapter 9 (Site Development), including, but not limited to, Section 9-9.205 (Frontage Improvements) of this Title and Chapter 1 (Subdivisions) of Title 10 (Planning and Zoning).

b. Retention of Plans. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work covered therein. One set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

c. Validity of Permit. The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinances of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.

The issuance of a permit based upon plans, specifications, computations and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications, and other data or from preventing building operations being carried on thereunder when in violation of this code or of other ordinances of this jurisdiction.

d. Expiration. On and after January 1, 2019, every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within twelve (12) months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of twelve (12) months after the time the work is commenced. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be one-half (1/2) the amount required for a new permit for such work based upon the valuation of remaining work to be completed and inspected, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one (1) year (three hundred sixty-five (365) days). In order to renew action on a permit that has expired for a period of one (1) year (three hundred sixty-five (365) days), the permittee shall pay a new full permit fee based upon the valuation of remaining work to be completed and inspected.

A permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.

Notwithstanding the above provisions, every permit issued by the Building Official under the provisions of this code shall expire and become null and void if the work authorized by such permit is not completed within four (4) years from the date of issuance of such permit. The Building Official may extend this time on written request by the permittee showing that circumstances beyond the control of the permittee have prevented the completion of the work, and further provided, the work has been ongoing and is continuing.

e. Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of this code or any other ordinance or regulation of the jurisdiction. (§1, Ord. 1711, eff. 12/1/88; §2, Ord. 2065, eff. 1/1/2008; §2, Ord. 2094, eff. 1/1/11; §6, Ord. 2227, eff. 12/16/22)

9-0.5.304 Fees.

a. General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the resolution establishing fees and charges as adopted by the City Council. The Building Official, with the written concurrence of the Community Development Director, may reduce plan review and/or permit fees where circumstances warrant. Any such action by the Building Official shall be documented for each case in the permanent record for the project.

b. Permit Fees. The permit fee for each permit shall be as set forth in the resolution establishing fees and charges as adopted by the City Council.

c. Plan Review Fees. When a plan or other data are required to be submitted by Subsection (b) of Section 9-0.5.302, a plan review fee shall be paid at the time of submitting plans and specifications for review.

1. The plan review fee for the building code shall be as set forth in the resolution establishing fees and charges for various municipal services as adopted by the City Council.

2. The plan review fee for electrical work shall be as set forth in the resolution establishing fees and charges as adopted by the City Council.

3. The plan review fees for plumbing and drainage work shall be as set forth in the resolution establishing fees and charges as adopted by the City Council.

4. The plan review fee for mechanical work shall be as set forth in the resolution establishing fees and as adopted by the City Council.

When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged based on the resolution establishing fees and charges as adopted by the City Council.

d. Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

e. Investigation Fees: Work Without a Permit.

1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued, or as set forth in the resolution establishing fees and charges for various municipal services as adopted by the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

This provision shall not apply to emergency work when it can be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

f. Fee Refunds.

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

2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended.

The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (§1, Ord. 1711, eff. 12/1/88; §2, Ord. 2065, eff. 1/1/2008; §2, Ord. 2094, eff. 1/1/11)

9-0.5.305 Inspections.

a. General. Buildings and structures, electrical work, plumbing and drainage systems, mechanical work, swimming pools, hot tubs, spas, solar systems and all construction or work for which a permit is required by this code shall be inspected by the Building Official, and certain types of construction shall have continuous inspection by special inspectors, as specified in Section 1704 of the Building Code.

Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the City of Walnut Creek. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the City of Walnut Creek shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the City of Walnut Creek shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

b. Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

c. Required inspections. The Building Official, upon notification, shall make the following inspections:

1. Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.

2. Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

3. Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required by Chapter 12 of the Municipal Code shall be submitted to the Building Official.

4. Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

5. Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly, a shear assembly, or a wet-wall enclosure.

6. Fire-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

7. Energy efficiency inspections. Inspections shall be made to determine compliance with energy codes and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.

8. Other inspections. In addition to the inspections specified above, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Building Official.

9. Special inspections. For special inspections, see Chapter 17 of the Building Code.

10. Final inspection. The final inspection shall be made after all work required by the building permit is completed.

d. Inspection agencies. The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

e. Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

f. Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.

g. Re-roofing. New roof coverings shall not be applied without first obtaining a re-roofing permit. An in-progress inspection shall be obtained from the City of Walnut Creek. Such in-progress inspection shall be performed during the installation of the new roof covering.

h. Operation of Mechanical and Plumbing and Drainage Equipment. The requirements of this section shall not be considered to prohibit the operation of mechanical or plumbing and drainage systems installed to replace existing equipment or fixtures serving an occupied portion of the building in the event a request for inspection of such equipment or fixture has been filed with the Building Official not more than 48 hours after such replacement work is completed, and before any portion of such mechanical or plumbing system is concealed by any permanent portion of the building.

i. Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or his or her agent shall have posted an inspection record card in a conspicuous place on the premises and in such position as to allow the Building Official conveniently to make the required entries thereon regarding inspection of the work. This card shall be maintained in such position by the permit holder until final approval has been granted by the Building Official.

j. Other Inspections. In addition to the called inspections required by this code, the Building Official may make or require other inspections of any plumbing and drainage work to ascertain compliance with the provisions of this code and other laws that are enforced by the Building Official.

k. Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections have not been made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees may be assessed, when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, for failure to give the correct address or location of the work specified on the permit, or for deviating from plans requiring the approval of the Building Official.

To obtain reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with the resolution establishing fees and charges for various municipal services. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008; §3, Ord. 2120, eff. 1/2/14)

9-0.5.306 Connection Approval.

a. Energy Connections. No person shall make connections from a source of water, electric or energy fuel to any equipment regulated by this code and for which a permit is required until approved by the Building Official.

b. Temporary Connections. The Building Official may authorize temporary connection of equipment to the source of water, electric or energy fuel for the purpose of testing the equipment, or for use under a temporary certificate of occupancy. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.307 Certificate of Occupancy.

a. Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

No certificate of occupancy shall be issued by the Building Official until the City Engineer has stated that the applicant has complied with Chapter 9 (Site Development) of this Title and Chapter 1 (Subdivisions) of Title 10 (Planning and Zoning).

b. Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the City of Walnut Creek, the Building Official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. The description of work for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the Building Official.

7. The edition of the code under which the permit was issued.

8. The occupancy group(s), in accordance with the provisions of Chapter 3 of the Building Code.

9. The type of construction as defined in Chapter 6 of the Building Code.

10. Whether or not an automatic sprinkler system is provided.

c. Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid.

d. Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. (§1, Ord. 1711, eff. 12/1/88; and §2, Ord. 2065, eff. 1/1/2008)

9-0.5.308 Expedited Permitting Process for Small Residential Rooftop Solar Energy Systems.

a. Definitions.

1. A Solar Energy System means either of the following:

i. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electricity generation, or water heating.

ii. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

2. A Small Residential Rooftop Solar Energy System means a solar energy system that meets all of the following criteria:

i. Is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

ii. Conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City, and all State and City health and safety standards.

iii. Is installed on a single-family or two (2) family (duplex) dwelling.

iv. Contains a solar panel or module array that does not exceed the City's maximum legal building height.

3. Electronic Submittal means the utilization of one (1) or more of the following:

i. Email;

ii. The Internet;

iii. Facsimile.

4. Specific, Adverse Impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

5. Reasonable Restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

6. Significantly Increase the Cost of the System or Decrease Its Efficiency or Specified Performance means:

i. For water heater systems or solar swimming pool heating systems: an increase in the cost of the system as originally proposed exceeding the lesser of ten percent (10%) of the cost of the system or one thousand dollars ($1,000.00), or a decrease in the efficiency of the solar energy system as originally proposed by an amount exceeding ten percent (10%).

ii. For photovoltaic systems: an increase in the cost of the system as originally proposed exceeding one thousand dollars ($1,000.00), or a decrease in system efficiency by an amount exceeding ten percent (10%).

7. A Feasible Method to Satisfactorily Mitigate or Avoid the Specific, Adverse Impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance.

b. Purpose. The purpose of this section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This section allows the City to achieve these goals while protecting the public health and safety.

c. Applicability.

1. This section applies to the permitting of all small residential rooftop solar energy systems in the City.

2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

d. Solar Energy System Requirements.

1. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State, the City, and the local fire district.

2. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and recognized testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

e. Duties of Building Division and Building Official.

1. All documents required for the submission of an expedited solar energy system application shall be made available on the City's publicly accessible website.

2. Applicants may submit the required permit application and documents in person at Building Division's public counters or via electronic submission.

3. An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of an original signature.

4. The City's Building Official shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review within thirty (30) days of the adoption of the ordinance codified in this section.

5. The small residential rooftop solar system permit process, standard plans, and checklists shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

6. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Sections 65850.55, 66015, and 66016, and State Health and Safety Code Section 17951.

f. Permit Review and Inspection Requirements.

1. The City Building Official shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption of the ordinance codified in this section. To the extent possible, the Building Official shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within three (3) business days for electronic applications upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. The Building Official may require an applicant to apply for a use permit if the Building Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety.

2. The Building Official's review of the application shall be limited to review of whether the application meets all local, State, and Federal health and safety requirements.

3. If a use permit is required, the Building Official may deny an application only if the Building Official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning Commission in accordance with the provisions of Article 5 of Part IV of Chapter 2 of Title 10. For the purposes of appeal, the decision of the Building Official shall be treated in the same manner as an appeal of the decision of the Zoning Administrator.

4. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

5. If an electronically submitted application is deemed incomplete, the Building Official shall within three (3) business days send the applicant a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance.

6. If an over-the-counter application is deemed incomplete, the Building Official will work with the applicant by detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance.

7. Only one (1) inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review.

8. The inspection shall be done in a timely manner and should include consolidated inspections. To the extent possible, an inspection will be scheduled within two (2) business days of a request and provide a two (2) hour inspection window.

9. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. (§1, Ord. 2141, eff. 10/16/15)

9-0.5.309 Expedited Permitting Process for Electric Vehicle Charging Stations.

a. Purpose. The purpose of the section is to provide an expedited, streamlined building permit process that complies with Assembly Bill 1236 (Chapter 598, Statues 2015) to achieve timely and cost-effective installations of electric vehicle charging stations, while protecting the public health and safety.

b. Definitions.

1. Building Official means the Chief Building Official, or a regularly authorized deputy.

2. Electric Vehicle Charging Stations means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from outside an electric vehicle into a plug-in electric vehicle.

3. Electronic Submittal means the utilization of one (1) or more of the following:

i. Email;

ii. The Internet;

iii. Facsimile.

4. Specific, Adverse Impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete.

5. Feasible Method to Satisfactorily Mitigate or Avoid the Specific Adverse Impact includes but is not limited to any cost effective method, condition or mitigation imposed on another similarly situated application in a prior successful application for a permit.

6. Zoning Administrator as defined in Section 10-1.201.

c. Electric Vehicle Charging Station Requirements.

1. All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the State and the City.

2. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

d. Administrative Review. An application for a permit to install an electric vehicle charging station shall be processed in accordance with Government Code Section 65850.7. The Building Official shall implement the expedited, streamlined permitting process adopted herein for the administrative, nondiscretionary review of electric vehicle charging station permit applications.

1. Checklist. The Building Official, upon review and consideration of the recommendations in the most current version of the Governor's Office of Planning and Research's "Zero-Emission Vehicles in California: Community Readiness Guidebook" and in conformity with all applicable safety and performance standards, shall adopt and update a checklist that sets forth all requirements with which an electric vehicle charging station must comply in order to be eligible for expedited review.

2. Electronic Access. The checklist and any required permitting documentation shall be published on the City's website. An applicant may submit a permit application and associated documentation over-the-counter, by mail, or through electronic submittal, using the electronic submittal method(s) specified on the City's website. A wet signature shall not be required for electric vehicle charging station permit documentation that is provided through electronic submittal.

3. Complete Application. An application that satisfies the information requirements in the checklist shall be deemed complete.

4. Incomplete Application. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and identifying any additional information required for the application to be eligible for expedited permit issuance.

5. Specific, Adverse Impacts. If the Building Official or Zoning Administrator makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the Building Official or Zoning Administrator may require the applicant to apply for a use permit and impose conditions designed to mitigate the specific, adverse impact at the lowest cost possible. If the Building Official or Zoning Administrator makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact for which there is no feasible method for satisfactory mitigation or avoidance, the permit application may be denied. Such decisions may be appealed to the Planning Commission in accordance with the provisions of Article 5 of Part IV of Chapter 2 of Title 10.

6. Approval. Upon confirmation that the application is complete, the Building Official shall review the application to ensure the electric vehicle charging station meets local, State, and federal health and safety requirements. Absent any specific, adverse impact findings, the Building Official shall administratively approve the application and issue the permit.

7. No Requirement for Association Approval. Approval of an electric vehicle charging station permit application shall not be based on or conditioned on the approval of an association, as defined in Section 4080 of the Civil Code. (§3, Ord. 2159, eff. 1/1/17)

Article 4. Appeals

9-0.5.401 Appeals: Establishment of Board of Appeals.

a. General. In order to hear and decide appeals of notices, orders, decisions, or determinations made by the Building Official regarding the application and interpretation of this code, there shall be and is hereby created a "Local Appeals Board" and "Housing Appeals Board," as those terms are defined and used in the California Building Standards Code (the "Board of Appeals"). The Board of Appeals shall be appointed by the City Council and shall hold office at their pleasure but in no event shall serve longer than four (4) years without reappointment by the City Council.

b. Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed that satisfies the code. The Board of Appeals shall have no authority to waive requirements of this code.

c. Number. The Board of Appeals shall consist of five (5) members and two (2) alternates appointed by the City Council.

d. Alternate Members. The City Council may appoint two (2) alternate members who shall be called by the Board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.

e. Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the City. The Board of Appeals shall consist of five (5) individuals. Appointees shall be qualified in and specifically knowledgeable in the California Building Standards Codes and applicable local ordinances.

f. Chairperson. The Board of Appeals shall annually select one (1) of its members to serve as chairperson.

g. Disqualification of Member. A member shall not hear an appeal in which that member has a personal, professional, or financial interest, or a conflict of interest under the Fair Political Practices Act. A disqualified Board of Appeals member shall declare his or her disqualification to the Building Official, who shall arrange for an alternate member to serve in place of the disqualified member and shall make the disqualification part of the hearing record.

h. Secretary. The City Manager shall designate a qualified clerk to serve as secretary to the Board of Appeals. The secretary shall file a detailed record of all proceedings in the City Clerk's office.

i. Compensation of Members. Members of the Board of Appeals shall serve without compensation.

j. Quorum. A quorum shall consist of three (3) members and/or alternates.

k. Open Hearing. The Board of Appeals shall have no regular meetings; all meetings shall be special meetings noticed pursuant to California Government Code Section 54956. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant's representative, the Building Official, and any person whose interests are affected shall be given an opportunity to be heard on issues that are limited to the scope of the appeal.

l. Hearing Procedure. The hearing shall be informal and shall not require compliance with the rules of evidence. At the hearing, the Board of Appeals shall hear and consider all relevant evidence.

m. Postponed Hearing. Either the appellant or the appellant's representative shall have the right to request a continuance of the hearing. Continuances of the hearing may be granted by the City Manager on request of the appellant or the appellant's representative for good cause shown, or on the City Manager's own motion.

n. Board Decision. The Board of Appeals shall affirm, modify, or reverse the decision of the Building Official by a majority vote of those members present for the appeal.

o. Administration. The Building Official shall take immediate action in accordance with the decision of the Board of Appeals. (§2, Ord. 2094, eff. 1/1/11; §3, Ord. 2186, eff. 12/21/18)

9-0.5.402 Appeals: Right to Appeal.

Any person, firm, or corporation who is adversely affected by a decision, order, or determination made by the Building Official regarding the application and interpretation of this code, and all other codes and ordinances required to be enforced by the Building Official, may appeal to the Board of Appeals. Such appeal shall be in writing and shall be filed with the City Clerk. Upon receipt of an appeal, a hearing shall be scheduled before the Board of Appeals. The Board of Appeals' decision shall be final. (§2, Ord. 2094, eff. 1/1/11)

9-0.5.403 Appeals: Filing Requirements.

a. Form of Appeal. Any person may appeal from any notice, order, determination, or any action of the Building Official by filing at the City Clerk's office a written appeal containing the following:

1. A heading in the words: "Before the Board of Appeals of the City of Walnut Creek."

2. A caption reading: "Appeals of _____________," giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice, order, determination, or action.

4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

6. The signatures of all parties named as appellants and their official mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters stated in the appeal.

b. Filing of an Appeal. Unless a different filing deadline is required by law, the appeal shall be filed within ten (10) days from the date of the service of such notice, order, determination, or action of the Building Official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to life, limb, property, or safety of the public or adjacent property and is ordered vacated and is posted as such, such appeal shall be filed within three (3) business days from the date of the service of the notice and order of the Building Official.

c. Filing Fee. A nonrefundable fee, as set forth in the City Council adopted fees and charges, shall be submitted with the initial request for appeal. Failure to file the required fee within the ten (10) day appeal deadline shall constitute a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies. (§2, Ord. 2094, eff. 1/1/11; §4, Ord. 2186, eff. 12/21/18)

9-0.5.404 Appeals: Scheduling and Noticing Requirements.

a. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the Secretary shall fix a date, time, and place for the hearing of the appeal by the Board of Appeals. Except upon the request of the appellant or the appellant's representative or when the notice provided by the Building Official relates to a situation that is immediately dangerous to life, limb, property, or safety as set forth in Section 9-0.5.403(b), such date shall be not less than ten (10) days and not more than sixty (60) days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

b. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this article shall constitute a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies.

c. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

d. Staying of Order Under Appeal. Except for vacation orders, enforcement of any notice or order of the Building Official issued under this code shall be stayed during the pendency of the appeal that is properly and timely filed. (§2, Ord. 2094, eff. 1/1/11; §5, Ord. 2186, eff. 12/21/18)

9-0.5.405 Appeals: Final Decision.

a. Decision. The decision of the Board of Appeals shall be in writing and include any material factual determinations and the reason(s) for the decision. The decision shall be final and effective immediately upon its adoption by the Board. A copy of the decision shall be mailed, faxed, or sent by electronic mail to the person who filed the appeal and to the Building Official. (§2, Ord. 2094, eff. 1/1/11)