Chapter 15.04
GENERAL PROVISIONS
Sections:
15.04.010 Short title.
15.04.020 Purpose.
15.04.030 Authority.
15.04.040 Building division—Created.
15.04.050 Building official—Powers and duties generally.
15.04.060 Building official—Recordkeeping duties.
15.04.070 Jurisdiction.
15.04.080 Permits required.
15.04.090 Inspections—Authority—Concealment prohibited.
15.04.100 Violations of other ordinance.
15.04.110 Conformance with zoning ordinance.
15.04.120 Copies of codes.
15.04.130 Specific findings for code amendments.
15.04.140 Violations—Penalties.
15.04.010 Short title.
The provisions codified in this title shall be known as the “St. Helena Building Code,” may be cited as such, and will be referenced to in this title as “this building code.” (Ord. 07-2 § 2 (part): prior code § 4.1)
15.04.020 Purpose.
The city council expressly finds that the purpose of this building code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the city, and certain equipment specifically regulated in this building code. (Ord. 07-2 § 2 (part): prior code § 4.2)
15.04.030 Authority.
This building code is adopted pursuant to the authority granted by Section 11 of Article XI of the State Constitution to a city to make and enforce within its limits all such local police, sanitary, and other regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 to 50022.10, inclusive, of the California Government Code relating to the adoption of codes by reference. (Ord. 07-2 § 2 (part): prior code § 4.3)
15.04.040 Building division—Created.
There is contained within the city the building division, which shall be under the jurisdiction of the building official designated by the appointing authority. (Ord. 07-2 § 2 (part): prior code § 4.4)
15.04.050 Building official—Powers and duties generally.
Section 104.1, General, California Building Code 2007 Appendix Chapter 1 is amended to read as follows:
The building official is authorized and directed to enforce all of the provisions of this building code and of the codes adopted by reference by this building code. The building official is authorized to consult experts that he or she deems to be qualified in all fields related to the subject matter of this building code and of the codes adopted by reference by this building code to the extent that he or she deems it reasonably necessary to assist him or her in carrying out his or her duties hereunder. The decision of the building official in enforcing the provisions of this building code or of the codes adopted by reference by this building code or in interpreting the provisions thereof or in exercising the authority delegated thereby shall be final, subject to appeal as provided in Section 112 of the 2007 California Building Code Appendix Chapter 1.
(Ord. 07-2 § 2 (part): prior code § 4.5)
15.04.060 Building official—Recordkeeping duties.
The building official shall cause a permanent record to be kept of all pertinent transactions of the building division under this building code and the codes adopted by this building code and to render a monthly report to the city council of all permits issued and fees collected. (Ord. 07-2 § 2 (part): prior code § 4.6)
15.04.070 Jurisdiction.
This building code shall apply within all of the territory of the city. (Ord. 07-2 § 2 (part): prior code § 4.7)
15.04.080 Permits required.
Section 105.1, Required, California Building Code 2007 Appendix Chapter 1, is amended to read as follows:
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this building code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
(Ord. 07-2 § 2 (part): prior code § 4.8)
15.04.090 Inspections—Authority—Concealment prohibited.
A. All work for which a permit is required shall be subject to inspection by the building official to ensure compliance with all requirements of this building code.
B. It shall be the responsibility of the owner or person doing work authorized by a permit to notify the building official orally or in writing when such work is ready for inspection. Such notification shall be given at least twenty-four (24) hours before the work is to be inspected.
C. No portion of any building, structure, wiring, plumbing or equipment which is required to be inspected shall be permanently covered or concealed without approval of the building official.
D. The building official shall have authority to remove or require the removal of any obstruction which prevents the required inspection of any portion of a building, structure, wiring, plumbing, electrical or mechanical equipment. (Ord. 07-2 § 2 (part): prior code § 4.9)
15.04.100 Violations of other ordinance.
No permit shall be issued pursuant to this title if at time of issuance there exists in respect to the premises for which the permit is to be issued any violation of the city’s zoning ordinance, the city’s subdivision ordinance, or of any other ordinance of the city whether such violation was committed by the then owner of the premises or his or her predecessors or by anyone claiming under the owner or his or her predecessors. (Ord. 07-2 § 2 (part): Prior code § 4.10)
15.04.110 Conformance with zoning ordinance.
No building permit shall be issued which is inconsistent with the St. Helena zoning ordinance. (Ord. 07-2 § 2 (part): prior code § 4.11)
15.04.120 Copies of codes.
The building official shall make available in the offices of the building division, for review by the general public, at least one copy of all uniform codes or state building standards adopted by Sections 15.08.010, 15.12.010, 15.16.010, 15.20.010, 15.24.010, 15.32.010 and 15.36.010, as well as local amendments and any other state regulations relating to buildings or structures, building service equipment published in Titles 8, 19, 20, 24, and 25 of the California Code of Regulations. (Ord. 07-2 § 2 (part): prior code § 4.12)
15.04.130 Specific findings for code amendments.
Each amendment to the California Building Standards Code, California Code of Regulations, Title 24, adopted by this title, is reasonably necessary because of the following determinations due to local climatic, geological, or topographic conditions pursuant to Health and Safety Code, Section 17958.5:
A. The city is characterized by a narrow valley floor surrounded and intermingled with steep hill terrain, containing areas which are very susceptible to wildland fires. Wildland fires are considered a significant threat in the city of St. Helena. Native vegetation of brush, woodland, grassland and forest become extremely flammable during summer and remain so if drought conditions prevail during the winter months. Drought cycles appear in this area every seven to eleven (11) years.
B. Earthquake is considered to be one of the most potentially destructive threats to life and property in the city. A moderate to severe seismic incident on any of the several fault zones in relative close proximity to the city of St. Helena is expected to cause extensive property damage, disruptions to communications systems, and damage to public utility systems.
C. The city of St. Helena is divided geographically into two parts by the north to south flow of the Napa River. Significant damaging flooding occurs in portions of the city approximately every five to ten (10) years. Warnings are usually given several hours to a few days before such floods. This natural barrier can serve as a severe impediment to the delivery of public safety services in time of flood.
D. Several areas within the city offer poor access for the delivery of public safety services because of the severity of slopes, and the existence of natural barriers such as the Napa River, Sulphur Creek, and York Creek. (Ord. 07-2 § 2 (part): prior code § 4.13)
15.04.140 Violations—Penalties.
Section 113.4, Violation Penalties, California Building Code 2007 Appendix Chapter 1, is amended to read as follows:
A. Generally. No person whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this title. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this title shall constitute a continuing violation of this title.
B. Misdemeanor. Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and each such person is guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this title is committed, continued, or permitted.
C. Consistent with Section 108.4, California Building Code 2007, Administration, any person who violates a provision of this building code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this building code, shall be subject to penalties as prescribed by law. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this building code nor from any penalty prescribed by law.
D. Authority to File. Where a public nuisance exists, the city may immediately commence action or actions, proceedings at law and in equity, for the abatement, removal and enjoinment thereof in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such public nuisance and restrain and enjoin any person from maintaining such nuisance. (Ord. 07-2 § 2 (part): Ord. 02-5 § 4 (part): prior code § 4.25)