Chapter 5
BUILDING CODE

Sections:

Article I. In General

5-1.    Short title.

5-2.    Purpose.

5-3.    Territorial applicability.

5-4.    Scope of chapter.

5-5.    Liability of county.

5-6.    Administration and enforcement.

5-6.1.    Interpretations and definitions.

5-6.2.    Planning commission as board of appeals.

5-6.3.    Persons permitted to appeal.

5-6.4.    Procedure to appeal and limitation.

5-6.5.    Costs of expert testimony or services for board of appeals.

5-7.    Penalties for violation.

Article II. Adoption or Amendment of Uniform Codes

5-8.    Uniform Building Code.

5-9.    Uniform Mechanical Code.

5-10.    National Electrical Code.

5-11.    Uniform Plumbing Code.

5-12.    Uniform Fire Code.

5-13.    Uniform Housing Code.

5-14.    Uniform Code for the Abatement of Dangerous Buildings.

5-15.    Fire Safe Regulations.

5-16.    Repealer.

5-17.    Invalidity.

5-18.    Enactment.

Article I. In General

5-1 Short title.

This chapter shall be known and may be referred to in all proceedings as the “Colusa County Building Code.” (Ord. No. 624, § 2 (part).)

5-2 Purpose.

The purpose of this chapter is to enact regulations relating to buildings and structures, imposing restrictions thereon and to provide for their enforcement. (Ord. No. 624, § 2 (part).)

5-3 Territorial applicability.

The provisions of this chapter shall apply to all of the unincorporated territory of Colusa County. (Ord. No. 624, § 2 (part).)

5-4 Scope of chapter.

Nothing contained in this chapter shall be construed to:

(a)  Prevent any person from performing his own building, plumbing or electrical work when performed with the permits and in compliance with the provisions of this chapter;

(b)  Regulate the construction, demolition, alteration, or moving of an agricultural building used for the sole purpose of sheltering livestock, poultry, agricultural equipment, livestock and poultry feeds and similar agricultural uses in which there is no human habitation and which is not used by the public and which is not of a value in excess of three hundred dollars; provided, however, that a permit for such work is required. (Ord. No. 624, § 2 (part).)

5-5 Liability of county.

This chapter is not to be construed as imposing upon the county of Colusa any liability or responsibility for damages resulting from defective building, plumbing or electrical work; nor shall the county of Colusa or any official or employee thereof be held to assume any special liability or responsibility by reason of the inspection authorized hereunder. (Ord. No. 624, § 2 (part).)

5-6 Administration and enforcement.

This chapter shall be administered and enforced by the Colusa County department of planning and building. (Ord. No. 624, § 2 (part).)

5-6.1 Interpretations and definitions.

(a)  In the event of any conflicts or differences between the Uniform Building Code and any other uniform code adopted by reference hereby, the provisions of the Uniform Building Code shall govern.

(b)  “Uniform codes” means those codes which are permitted or required to be adopted by reference pursuant to California Government Code, Section 50022, et seq.

(c)  “Director” means the director of Colusa County department of planning and building or his or her designee.

(d)  “Board” means the board of appeals. (Ord. No. 624, § 2 (part).)

5-6.2 Planning commission as board of appeals.

In order to determine the suitability of alternative materials and methods of construction and to provide for reasonable interpretation of the provisions of the uniform codes, the Colusa County planning commission is hereby designated as a board of appeals. The director of planning and building shall act as secretary to the board. The board of appeals is appointed by the board of supervisors and shall hold office at their pleasure. (Ord. No. 624, § 2 (part).)

5-6.3 Persons permitted to appeal.

Persons permitted to appeal pursuant to section 5-6.2 are limited to:

(a)  Applicants for permits issued by the Colusa County department of planning and building; and

(b)  The authorized representative of the fire protection district which had jurisdiction for fire protection over the land or building for which the permit is sought. (Ord. No. 624, § 2 (part).)

5-6.4 Procedure to appeal and limitation.

(a)  Prior to bringing an appeal pursuant to section 5-6.2, the party proposing to appeal must meet and confer with the director. At such meeting, the party proposing to appeal and the director will endeavor to resolve the dispute or disputes concerning the requirements at issue in the uniform codes. If the parties fail to reach agreement, the director shall, within five days of such meeting, send written notice of his or her decision concerning the disputed requirements to the party proposing to appeal.

(b)  Said party shall, within ten days from the date said notice was deposited in the mail, file a notice of appeal with the county clerk. The notice of decision of the director shall be attached as an exhibit to the notice of appeal. The notice of appeal shall state the precise grounds on which the appeal is based.

(c)  In no event shall an appeal pursuant to section 5-6.2 be filed, submitted, argued, or determined where the timing thereof would conflict with the provisions of the California Permit Streamlining Act, commencing with California Government Code Section 65920. Furthermore, such appeal shall be filed and determined within the time prescribed herein prior to the issuance of the permit under review by the Colusa County planning commission or the Colusa County department of planning and building, as the case may be.

(d)  Appeals shall be made in writing and the appellant may appear in person before the board of appeals, or be represented by an attorney, and may introduce evidence to support his or her claims. Appeals shall be heard at reasonable times at the convenience of the board of appeals but not later than fifteen days after receipt of the notice of appeal. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the director of planning and building with a duplicate copy to the appellant and may recommend to the board of supervisors such new legislation as is consistent therewith.

(e)  Any person permitted to appeal under this section, who is aggrieved by an action of the board of appeals, may take an appeal to the board of supervisors by filing a notice of appeal in the manner prescribed by section 7.50 of Appendix I of the Colusa County Code. (Ord. No. 624, § 2 (part).)

5-6.5 Costs of expert testimony or services for board of appeals.

The board of appeals is hereby authorized to seek and obtain the services of such experts as are necessary for a determination to be made on appeal. The costs of such expertise shall be borne by appellant. (Ord. No. 624, § 2 (part).)

5-7 Penalties for violation.

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the Colusa County Jail for a term not to exceed six months, or by both such fine and imprisonment.

Each and every day during any portion of which any provision of this chapter is violated shall be deemed to be a separate offense and shall be punishable as herein provided. (Ord. No. 624, § 2 (part).)

Article II. Adoption or Amendment of Uniform Codes

5-8 Uniform Building Code.

The Uniform Building Code, as published by the International Conference of Building Officials, and as incorporated by the California Building Standards Code, known as the California Code of Regulations, Title 24, is hereby adopted by this reference with the same force and effect as if fully set forth herein, except for and excluding Section 105 of the Uniform Building Code which is not included in this adoption. (Ord. No. 624, § 2 (part).)

5-9 Uniform Mechanical Code.

The Uniform Mechanical Code, as published by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials, and as incorporated by the California Building Standards Code, known as the California Code of Regulations, Title 24, is hereby adopted by this reference with the same force and effect as if fully set forth herein. (Ord. No. 624, § 2 (part).)

5-10 National Electrical Code.

The National Electrical Code, and all appendices thereto, as published by the National Fire Protection Association, and as incorporated by the California Building Standards Code, known as the California Code of Regulations, Title 24, is hereby adopted by this reference with the same force and effect as if fully set forth herein. (Ord. No. 624, § 2 (part).)

5-11 Uniform Plumbing Code.

The Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, and as incorporated by the California Building Standards Code, known as the California Code of Regulations, Title 24, is hereby adopted by this reference with the same force and effect as if fully set forth herein. (Ord. No. 624, § 2 (part).)

5-12 Uniform Fire Code.

The Uniform Fire Code, as published by the International Conference of Building Officials and the Western Fire Chiefs Association, and as incorporated by the California Building Standards Code, known as the California Code of Regulations, Title 24, is hereby adopted by this reference with the same force and effect as if fully set forth herein except for and excluding Section 103.1.4 of the Uniform Fire Code. (Ord. No. 624, § 2 (part).)

5-13 Uniform Housing Code.

The Uniform Housing Code, as published by the International Conference of Building Officials, is hereby adopted by this reference with the same force and effect as if fully set forth herein. (Ord. No. 624, § 2 (part).)

5-14 Uniform Code for the Abatement of Dangerous Buildings.

The Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Officials, is hereby adopted by this reference with the same force and effect as if fully set forth herein. (Ord. No. 624, § 2 (part).)

5-15 Fire Safe Regulations.

The Fire Safe Regulations, as adopted under Section 4290 of the State Public Resources Code as published by the California Department of Forestry, is hereby adopted by this reference with the same force and effect as if fully set forth herein. (Ord. No. 624, § 2 (part).)

5-16 Repealer.

All ordinances and parts thereof conflicting or inconsistent with the provisions of this chapter are hereby repealed. (Ord. No. 624, § 2 (part).)

5-17 Invalidity.

The board of supervisors hereby declares that should any section, paragraph, sentence or word of this chapter or of the codes hereby adopted be declared for any reason to be invalid, it is the intent of the board of supervisors that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion that may be declared invalid. (Ord. No. 624, § 2 (part).)

5-18 Enactment.

This chapter is for the protection of the public health and safety. While adoption of the uniform codes is a necessary adjunct to the planning and building process in Colusa County, the modifications to the uniform codes, relating to the appeal procedure, will ensure the correct and uniform application of building regulations to construction within the county. To be effective such modifications must be enacted by July 1, 1999. (Ord. No. 624, § 2 (part).)