Chapter 15.08
ADMINISTRATION OF THE CALIFORNIA BUILDING STANDARDS CODE
Sections:
15.08.010 California Building Standards Code 2010 Chapter 1 Administration—Adopted.
15.08.020 California Building Code 2010 Chapter 1 Administration—Amendments.
15.08.030 Unsafe structures and equipment.
15.08.040 Adoption of the International Property Maintenance Code, 2009 Edition, with amendments.
15.08.050 Amendments to the International Property Maintenance Code.
15.08.070 Enforcement and penalties.
15.08.010 California Building Standards Code 2010 Chapter 1 Administration—Adopted.
For the purpose of establishing proper regulations for the administration of the various codes covered in this building code, each of Chapter 1 of the California Building Code of the State of California, Chapter 1 of the Plumbing Code, Chapter 1 of the Mechanical Code, and Annex H of the Electrical Code, 2010 Edition, is adopted in its entirety excepting additions, revisions and omissions listed in Section 15.08.020. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): Ord. 03-1 § 1 (part): prior code § 4.14)
15.08.020 California Building Code 2010 Chapter 1 Administration—Amendments.
A. Section 105.2, Work exempt from permit, California Building Code 2010 Chapter 1, items 1 through 5 only, is amended to read as follows:
1. One-story residential detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, not over 12 feet in height, and the structure contains no plumbing, electrical, or heating systems or appliances.
2. Fences not over 6 feet (1829 mm) high.
3. Oil derricks (subject to approval of Napa County Environmental Management)
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, III A liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 200 gallons.
B. Section 109.2, Schedule of permit fees, California Building Code 2010 Chapter 1, is amended to read as follows:
On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the most current City Council fee resolution.
C. Section 109.6, Refunds, California Building Code 2010 Appendix Chapter 1, is amended to read as follows:
The building official is authorized to establish a refund policy.
1. The building official may authorize refunding of the permit fee paid, less the hourly rate set forth by the most current City Council fee resolution, when no work has been done under a permit issued in accordance with this building code.
2. The building official may authorize refunding the plan review fee paid, less the hourly rate set forth by the most current City Council fee resolution, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
3. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty days after the date of fee payment.
(Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part): Ord. 03-1 § 1 (part): prior code § 4.15)
15.08.030 Unsafe structures and equipment.
Section 116, California Building Standards Code 2010 Chapter 1, Unsafe Structures and Equipment, is amended to read as follows:
For the purpose of this building code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.
(Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part))
15.08.040 Adoption of the International Property Maintenance Code, 2009 Edition, with amendments.
For the purpose of regulation and governing the conditions and maintenance for all property, buildings and structures; by providing the standard for supplied utilities and facilities and other physical conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; that certain code known as the International Property Maintenance Code, 2009 Edition including Appendix A, as published by the International Code Conference, hereinafter referred to as the “Property Maintenance Code,” is adopted save and except such portions as are hereinafter changed, added to or amended by Section 15.08.050. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part))
15.08.050 Amendments to the International Property Maintenance Code.
The International Property Maintenance Code is amended to read as follows:
A. Section 101.1 These regulations shall be known as the Property Maintenance Code of the City of St. Helena (hereinafter referred to as “the code”).
B. Section 102.7 Where the term “International Building Code” appears in this code, it shall mean the California Building Code as adopted by this jurisdiction with amendments. Where the term “International Fire Code” appears, it shall mean the California Fire Code as adopted by the City Council with amendments. Where the term “International Existing Building Code” appears, it shall mean the California Building Code as adopted by City Council with amendments. Where the term “International Fuel Gas Code” appears, it shall mean the California Plumbing Code as adopted by the City Council with amendments. Where the term “International Mechanical Code” appears, it shall mean the California Mechanical Code as adopted by the City Council with amendments. Where the term “International Plumbing Code” appears, it shall mean the California Plumbing Code as adopted by the City Council with amendments. Where the term “International Zoning Code” appears, it shall mean the St. Helena Municipal Code, Title 17.
C. Section 103 is hereby deleted.
D. Section 104.3 is amended to add the following phrase to the end of the last sentence: “including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California.”
E. Section 106.2, 106.3, 106.4, and 106.5 are hereby deleted.
F. Section 107.1 Notice to person responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice may be given in the manner prescribed in the St. Helena Municipal Code Section 1.12.
G. Sections 107.2, 107.3, 107.4, 107.5, and 107.6 are hereby deleted.
H. Section 108.3 Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Chapter 1.12 of the St. Helena Municipal Code. Notice shall be in the form prescribed in Section 1.12.150 of the St. Helena Municipal Code.
I. Sections 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official may order the necessary work be to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
J. Section 109.3 Closing streets. When necessary for public safety, the Code Official may temporarily close structures and close or order the authority having jurisdiction to close sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
K. Section 109.4 Emergency repairs. For the purposes of this section, the Code Official may employ the necessary labor and materials to perform the required work as expeditiously as possible.
L. Sections 109.5 and 109.6 are hereby deleted.
M. Sections 110.2 Notices and Orders. All notices and orders shall comply with the St. Helena Municipal Code Chapter 1.12.150.
N. Section 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be in lien upon such real estate.
O. Section 111.2 is amended by adding the following sentence: “Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals.”
P. Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code.
Q. Section 202 definition of CODE OFFICIAL. Where used in this code, the term Code Official shall refer to the chief building official, and his or her designated agents or representatives.
R. Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 6 inches tall. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided however, this term shall not include cultivated flowers and gardens.
S. Section 304.14 Insect Screens. Every door, window and other outside opening required for ventilation on habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screened door used for insect control shall have a self-closing device in good working condition. (The exceptions in the code are not amended.)
T. Section 308.2.2 Refrigerator. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
U. Section 308.3.1 Garbage facilities. The owner of every dwelling shall supply an approved leak proof, covered, outside garbage container and a recycling container. Every person maintaining or using any solid waste can or receptacle shall keep the same clean and sanitary.
V. Section 308.3.1.1. Within all residential districts in the city, no person shall use, locate or maintain (store) any solid waste can, garbage container or waste receptacle within the public right of way other than on the day of removal service. Containers shall be stored out of public view on non-service dates whenever practical; or stored nearest the main structure.
W. Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units or terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat in order to maintain a temperature of not less that 68° F (18° C) during the period the spaces are occupied. (The exceptions in the code are not amended.)
(Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part))
15.08.070 Enforcement and penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter, the chief building official shall have the power to enforce the provisions of this chapter as provided in Section 15.04.030.
B. The violations of the International Property Maintenance Code as adopted in this chapter are misdemeanors/infractions and are subject to the penalties set forth in Chapter 1.12 of this code. (Ord. 10-7 § 2 (part): Ord. 07-2 § 2 (part))