Chapter 15.16
AMENDMENTS AND ADDITIONS TO THE CALIFORNIA EXISTING BUILDING CODE

Sections:

15.16.010    Amendments and additions to the California Existing Building Code.

15.16.010 Amendments and additions to the California Existing Building Code.

A. The following amendments and additions as recommended by the building official are adopted to the California Existing Building Code, 2022 Edition, which is the 2021 International Existing Building Code as amended by the state of California:

1. Amend Section 105.5.1 to read as follows:

105.5.1 Expiration (BSC). On or after January 1, 2019, every permit issued shall become invalid unless work on the site authorized by such permit is commenced and a building inspection received by the Building Official or their deputy. The inspection is required to have been approved or a correction list issued within 12 months of after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each prior to the expiration date of such permit. The extension shall be requested in writing and justifiable cause demonstrated. (See Health and Safety Code Section 18938.5 and 18938.6) (Local conditions I)

2. Add Section 105.8 to read as follows:

105.8 Reactivation of an expired permit. To continue work on an expired permit the permittee shall obtain an approval for reactivation of an expired building permit or apply for a new building permit for the remaining work prior to continuing any further construction. A written reactivation request will be reviewed by the Building Official provided no changes have been made or will be made in the original plans, details, or specifications for such work. Reactivation of an expired building permit shall be at the discretion of the Building Official per the California Building Code Chapter 1 Section 105.5.1 Expiration (BSC) as amended. If an expired building permit requires changes to the original plans, details, or specifications including but not limited to field changes or California Building Code cycle update, a new building permit shall be required for all remaining work. The new building permit application will be reviewed and issued under the current building code cycle and current fees established in the Benicia Master Fee Schedule as adopted by City Council. (Local conditions I)

3. Amend Section 108.4 to read as follows:

108.4 Work commencing before permit issuance. Any person who commences any work requiring a permit on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established in the Benicia Master Fee Schedule as adopted by City Council. An investigation shall be made before a permit may be issued for such work. Whether or not a permit is then or subsequently issued an investigation fee established by the Benicia Master Fee Schedule as adopted by City Council shall be collected. In addition to all fees required by this section all fees established by the California Mechanical Code section 104.5.2 Investigation fees and California Plumbing Code section 104.5.2 Investigation fees, including all amendments and additions as adopted by City Council shall be paid. All investigation fees shall be in addition to the required permit fees. (Local conditions I)

4. Amend Section 108.6 to read as follows:

108.6 Refunds. The Building Official may authorize the refunding of building permit inspection and electrical fees paid when no work has commenced under a permit in accordance with this code or when an applicant wishes to withdraw an application for a permit for which a plan review fee has been paid. Plan review fees collected shall not be subject to refund if plan review has commenced. Permit application, document retention, and processing fees collected shall not be subject to refund. An administrative fee established by the Benicia Master Fee Schedule and adopted by City Council will be assessed for any permit refund request unless fees were charged in error by city staff. Fee refunds of mechanical and plumbing permits are established by the California Mechanical Code section 104.5.3 Fee refunds, and the California Plumbing Code section 104.5.3 Fee refunds, including all amendments and additions as adopted by City Council. (Local conditions I)

5. Add Section 108.7 to read as follows:

108.7 Plan review fees. Plan review more than 15 minutes requires a plan check fee established by the Benicia Master Fee Schedule as adopted by City Council, the fee shall be paid at the time of submitting plans, calculations, and specifications for plan review. Plan review fees cover 1st and 2nd review. When a submittal of documents is a 3rd or subsequent review, incomplete, revised to require additional plan review, or when the project involves deferred submittal items an additional plan review fee will be charged at an hourly rate as established by the Benicia Master Fee Schedule as adopted by City Council or as established by contract of support services. All fees incurred during plan review from an outside contract service company are considered pass-through fees and shall be paid by the applicant in full whether a permit is issued or not. Separate plan review fees shall be paid in addition to building plan review fees as established by the California Mechanical Code section 104.3.2 Plan review fees and the California Plumbing Code section 104.3.2 Plan review fees, including all amendments and additions as adopted by City Council. Electrical plan review fees shall be paid as established in the Benicia Master Fee Schedule as adopted by City Council. (Local conditions I)

6. Add Section 108.8 to read as follows:

108.8 Reactivation of expired valuation-based permit fees. Expired valuation-based permits that have been approved for reactivation by the Building Official shall pay a new full permit application fee and building inspection fee at one-half the amount required for a new permit as established in the current Benicia Master Fee Schedule, in addition to all fees required as established by the California Mechanical Code section 104.4.3 Expiration and Plumbing Code section 104.4.4 Extension, including all amendments and additions as adopted by City Council. (Local conditions I)

7. Add Section 108.9, Permit fees, to read as follows:

108.9 Permit fees. Permit fees shall be assessed in accordance with the Benicia Master Fee Schedule and the California Residential Code section R108.2 Schedule of permit fees, California Mechanical Code section 104.5 Fees and California Plumbing Code section 104.5 Fees, as amended and adopted by City Council, or as contracted with outside support services. (Local conditions I)

8. Add Section 109.7 to read as follows:

109.7 Reinspection and phasing fees. A reinspection and or phasing fees established in the Benicia Master Fee Schedule an adopted by City Council may be assessed for each inspection or reinspection when such portion of work for which inspection is scheduled is not complete, has been phased, or when corrections called for previously are not complete. In instances when reinspection and or phasing fees have been assessed, no additional inspection of work will be performed until the required fees have been paid. (Local conditions I)

9. Add Section 113.5 to read as follows:

113.5 Abatement. If a declared dangerous building is not completely abated by the owner of the property within the time prescribed by the building official, city staff may cause the dangerous building to be abated by city personnel or private contract. In furtherance of this section, the building official is expressly authorized to enter upon the premises for the purpose of abating the dangerous building. Where required by state or federal law, a warrant shall be obtained prior to entry onto the premises for the purpose of abating the nuisance, unless written consent to enter is received from the owner or occupant of the premises or warrantless entry is otherwise permissible under state or federal law. Where a warrant is required, notice shall be given to the owner or occupant of the issuance of the warrant twenty-four (24) hours prior to the entry, unless the warrant provides otherwise. (Local conditions I)

10. Add Section 113.6 to read as follows:

113.6 Cost of Abatement. The building official shall keep an accounting of the costs and expenses of abating such dangerous building and shall render a statement of such costs to the person or persons receiving the notice and order. Such person or persons receiving the notice and order shall be liable to the City for all costs and expenses to the city involved in abating the violation. Costs and expenses as referred to in these sections shall include but are not limited to, all direct costs related to personnel salaries and benefits, operational overhead, fees for experts, consultants or contractors, legal costs or expenses including attorney fees, claims against the city arising because of the dangerous building and procedures associated with collecting moneys due hereunder. The total cost of abating a dangerous building shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the assessed amount. After such recordation, a copy of the lien may be turned over to the county assessor, who shall then enter the amount of the lien on the assessment rolls as a special assessment. Thereafter, said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Nothing in this chapter shall be deemed to prevent the city attorney or district attorney from commencing with any other available civil or criminal proceedings to abate a dangerous building under applicable provision of state law as an alternative to the proceedings set forth in chapter. (Local conditions 1)

11. Add Section 113.7 to read as follows:

113.7 Violation a public nuisance. It is declared that any violation of Title 15 constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the city may bring civil suit to enjoin violation of its provisions, or use any other remedy provided by law. Unlawful continuance. 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 subject to a fine of not more than what is prescribed in City of Benicia Municipal Code, Title 1, Chapter 1.08 (General Penalty) Section 1.08.030 (Penalty). (Local conditions I)

12. Add Section 1401.3 to read as follows:

1401.3 Appeal procedure. If the Building Official denies the relocation permit for any reason, they shall notify the applicant of this fact in writing. The applicant may appeal to the Building Board of Appeals by filing a written appeal in accordance with Chapter 1.44 of the Benicia Municipal Code. (Local conditions I)

13. Add Section 1402.8 to read as follows:

1402.8 Permit required. No person, firm or corporation shall move onto any premises within the city any building or structure, except a contractor’s tool house, construction building or similar structure, which is moved as construction requires, until a surety bond has been posted and a relocation building permit has been secured as provided in this chapter. (Local conditions I)

14. Add Section 1402.9 to read as follows:

1402.9 Permit application. Every application to the Building Official for a relocation building permit shall set forth such information as the Building Official may reasonably require carrying out the purpose of this chapter. (Local conditions I)

15. Add Section 1402.10 to read as follows:

1402.10 Permit investigation. To determine any of the matters presented by the application, the Building Official may require plans, photographs, or other substantiating data, and may cause to be made any investigation which they believe is necessary or helpful. The Building Official may refer the matter for further investigation to the board of appeals. After the investigation is completed, if the applicant fails to post the required bond and secure the relocation building permit within 60 days, the application is null and void. (Local conditions I)

16. Add Section 1402.11 to read as follows:

1402.11 Permit conditions. The Building Official, in granting any relocation building permit, may impose thereon such terms and conditions as they may deem reasonable and proper. These terms may include, but are not limited to: the period of time required to complete all work; the requirement of changes, alterations, additions or repairs to be made to or upon the building or structures, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district, as hereinabove limited, to which it is to be relocated. (Local conditions I)

17. Add Section 1402.12 to read as follows:

1402.12 Permit issuance. If the condition of the building or structure, in the judgment of the Building Official, admits of practicable and effective repair they may issue a relocation building permit to the owner of the property where the building or structure is to be located upon conditions as hereinafter provided; otherwise, the permit shall be denied. (Local conditions I)

18. Add Section 1402.13 to read as follows:

1402.13 Work of any kind. Work of any kind in the public right-of-way requires separate permitting and fees through the City of Benicia Engineering Division of Public Works, prior to the issuance of any building or relocation permits. (Local conditions I)

19. Add Section 1402.14 to read as follows:

1402.14 Demolition option. When any default has occurred on the part of the principal under the provisions of this chapter, the surety, at its option, in lieu of completing the work required may remove or demolish the building or structure and clear, clean and restore the site. (Local conditions I)

20. Add Section 1403, Fees.

21. Add Section 1403.1 to read as follows:

1403.1 Permit fees, application, and investigation. To determine any of the matters presented by the application, the Building Official may require plans, photographs, or other substantiating data, and may cause to be made any investigation which they believe is necessary or helpful. The Building Official may refer the matter for further investigation to the board of appeals. After the investigation is completed, if the applicant fails to post the required bond and secure the relocation building permit within 60 days, the application is null and void. (Local conditions I)

22. Add Section 1403.2 to read as follows:

1403.2 Permit fees, repairs, or alterations. Relocation building permit fees for repairs or alterations to relocated buildings shall be required in accordance with the Benicia Master Fee Schedule as adopted by City Council, prior to final of any relocation permit. (Local conditions I)

23. Add Section 1403.3 to read as follows:

1403.3 Permit bond required. The Building Official shall not issue a relocation building permit unless the owner shall first post with the Building Official a bond executed by the said owner, as principal, and by an approved surety company authorized to do business in this state, as surety; or deposits a cash bond; or deposits and assigns to the city other approved sureties. (Local conditions I)

24. Add Section 1403.4 to read as follows:

1403.4 Outside agency approvals. All outside city, local, and state agency permit requirements shall be satisfied prior to issuance of a relocation permit. (Local conditions I)

25. Add Section 1403.5 to read as follows:

1403.5 Bond refunds. When a cash bond has been posted or savings and loan certificates or shares deposited and assigned, and all requirements of the relocation building permit have been completed, the Building Official shall return the cash or savings and loan certificates or shares to the depositor or to their successors or assigns, and reassign the savings and loan certificates or shares, except any portion thereof that may have been used, cashed, or deducted as provided elsewhere in this chapter. (Local conditions I)

26. Add Section 1403.6 to read as follows:

1403.6 Default notice required. Whenever the principal on the bond defaults in the performance of the conditions required by the relocation building permit, the Building Official shall give notice in writing to the principal and the surety on the bond. (Local conditions I)

27. Add Section 1403.7 to read as follows:

1403.7 Default notice contents. The Building Official in the notice of default shall state the conditions of the bond which have not been complied with and the period deemed by him to be reasonably necessary for the completion of such work. (Local conditions I)

28. Add Section 1403.8 to read as follows:

1403.8 Default surety to perform work. After receipt of a notice of default, the surety, within the time therein specified, shall cause the required work to be performed. (Local conditions I)

29. Add Section 1403.9 to read as follows:

1403.9 Default bond use. If a cash bond has been posted, or savings and loan certificates or shares have been deposited and assigned, the building official shall give notice of default, as provided above, to the principal, and if compliance is not had within the time specified, the Building Official shall proceed without delay and without further notice or proceeding whatever to use the cash deposit or savings and loan certificates or shares, or any portion thereof, to cause the required work to be done by contract or otherwise, in their discretion. The balance, if any, of such cash deposit or savings and loan certificates or shares, upon the completion of the work shall be returned and reassigned to the depositor or to their successors or assigns after deducting the cost of the work plus 15 percent thereof. (Local conditions I)

30. Add Section 1404, Plumbing.

31. Add Section 1404.1 to read as follows:

1404.1 Moved structures. Moved structures shall comply with the California Plumbing Code Chapter 1 section 102.7 Moved structures. (Local conditions I)

32. Add Section 1404.2 to read as follows:

1404.2 Equivalent inspection. Where other equivalent means of inspection is required due to walls and or floors in place, a running test from all roof top plumbing vents shall be required. Approval of additional equivalent testing methods is at the discretion of the Building Official. (Local conditions I)

33. Existing Building Code Appendices and Chapters to Be Adopted. The 2022 California Existing Building Code is further amended by adopting by reference the following appendices and chapters:

A. Appendix A.

1. Chapter A1 – Seismic strengthening provisions for unreinforced masonry bearing wall buildings.

2. Chapter A2 – Earthquake hazard reduction in existing reinforced concrete and reinforced masonry wall buildings with flexible diaphragms.

3. Chapter A3 – Prescriptive provisions for seismic strengthening of cripple walls and sill plate anchorage of light, wood-framed residential buildings.

4. Chapter A4 – Earthquake risk reduction in wood-framed residential buildings with soft, weak, or open front walls.

5. Chapter A5 – Referenced Standards.

B. Appendix B – Supplementary accessibility requirements for existing buildings and facilities.

C. Appendix D – Building board of appeals.

For statutory provisions on moving apartment houses and dwellings, see Health and Safety Code Section 17958.9.¹ (Ord. 22-12 § 1).

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    Health and Safety Code local ordinances or regulations governing the moving of apartment houses and dwellings shall, after July 1, 1978, permit the retention of existing materials and methods of construction so long as the apartment house or dwelling complies with the building standards for foundation applicable to new construction, and does not become or continue to be a substandard building.