Chapter 1
ADMINISTRATIVE PROVISIONS

Sections:

8-1.01    Title and scope.

8-1.02    Department of Building Safety.

8-1.03    Duties and powers of Building Official.

8-1.04    Fees.

8-1.05    Green building educational resource fund.

8-1.06    Refunds.

8-1.07    Board of Appeals.

8-1.01 Title and scope.

(a)    Title. This chapter shall be known as the administrative provisions.

(b)    Scope. The provisions of this chapter apply to the regulation, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures and shall serve as the administrative, organizational and enforcement rules and regulations for all of this title regarding items not specifically addressed within the adopted Building Standards codes, the International Property Maintenance Code, The Uniform Code for the Abatement of Dangerous Buildings or the maintenance guidelines in Chapter 5-33.

(c)    Intent. The purpose of this chapter is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress, facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

(§ 1, Ord. 1483-25, eff. January 1, 2026)

8-1.02 Department of Building Safety.

The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official.

(§ 1, Ord. 1483-25, eff. January 1, 2026)

8-1.03 Duties and powers of Building Official.

The Building Official is hereby authorized and directed to enforce the provisions of this title and all codes and standards adopted and set forth herein.

(§ 1, Ord. 1483-25, eff. January 1, 2026)

8-1.04 Fees.

(a)    Payment of Fees. A permit shall not be valid until the fees prescribed as set forth in the schedule of fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

(b)    Schedule of Fees. 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 of fees established by resolution of the City Council.

(c)    Building Permit Valuation. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official.

(d)    Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation to be made before any permit may be issued for such work. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued for the illegal work. The investigation fee shall be equal to the amount of a permit fee required by this chapter for the commenced or completed work as set forth in the City adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title or Chapter 5-33, nor from any penalty prescribed by law.

(e)    Related Fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

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 of fees established by resolution of the City Council.

(§ 1, Ord. 1483-25, eff. January 1, 2026)

8-1.05 Green building educational resource fund.

All permits issued by the City of Watsonville with the exception of sub-trade permits and permits issued in conjunction with a master permit shall be assessed a fee equal to 0.00025 times the overall valuation of the project. Revenues collected shall be maintained by the Finance Department in a revolving green building education fund and shall be used only for program management, public educational purposes, staff education, publications and local seminars.

(§ 1, Ord. 1483-25, eff. January 1, 2026)

8-1.06 Refunds.

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

(b)    The Building Official may authorize the refunding of not more than eighty (80%) percent of the permit fee paid when no work has been done under a permit issued in accordance with this title and Chapter 5-33.

(c)    The Building Official may authorize the refunding of not more than eighty (80%) percent of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started.

(d)    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 (180) days after the date of fee payment.

(§ 1, Ord. 1483-25, eff. January 1, 2026)

8-1.07 Board of Appeals.

(a)    General. In order to hear and decide appeals of orders, decisions or determinations made by the Building or Fire Official relative to the application or interpretations of this title and Chapter 5-33, there shall be and is hereby created a Building Life Safety Appeals Board, hereafter known also as the Local Appeals Board, consisting of members qualified by experience and/or training as set forth in subsection (c) of this section to pass upon matters pertaining to building construction, building service equipment, property maintenance, housing standards and fire regulations and who are not employees of the City. The Building Official shall be an ex officio member and shall act as secretary to the Local Appeals Board relative to appeals for this title and Chapter 5-33, except as to the Fire Code, and the Fire Chief shall be an ex officio member and shall act as secretary to the Board relative to appeals for the Fire Code. The Local Appeals Board shall be appointed by the City Manager. The Board may adopt rules of procedure for conducting its business and shall render all decisions in writing to the appellant with a duplicate copy to the Building Official or the Fire Chief as is appropriate. Appeals to the Local Appeals Board shall be processed in accordance with the provisions and procedures contained in Chapters 5, 6, and 7 of the California Abatement of Dangerous Buildings Code and in Chapter 8-8.

(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. The Board shall have no authority to waive requirements of this code.

(c)    Qualifications. The Local Appeals Board shall consist of five (5) individuals, one (1) from each of the following:

(1)    A retired or currently active registered design professional with architectural or structural engineering experience or a builder or superintendent of building construction with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.

(2)    A person with experience in dealing with the disabled community or who has been a community advocate for the disabled community or is a disabled person with a minimum of five (5) years’ experience in the area of disabled access requirements.

(3)    A retired or currently active registered design professional with mechanical and plumbing engineering experience or a mechanical contractor or a plumbing contractor with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.

(4)    A retired or currently active registered design professional with electrical engineering experience or an electrical contractor with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.

(5)    A retired or currently active registered design professional with fire protection engineering experience or a fire protection contractor with at least ten (10) years’ experience, five (5) of which shall have been in responsible charge of work.

(d)    Alternate Members. The governing body shall 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)    Chairperson. The Board shall annually select one (1) of its members to serve as Chairperson.

(f)    Disqualification of Member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

(g)    Appeals. Any person, firm or corporation may register an appeal with the Local Appeals Board for review of any decision of the Building Official about this title and Chapter 5-33; provided, that the appeal is made in writing within thirty (30) days of receipt of notice and is accompanied with the administrative fee specified in the City’s fee schedule for an appeal. All appeals where notices declaring structures or equipment “dangerous” must be submitted within ten (10) days of receipt of notice.

(h)    Conditions. Any person shall be permitted to appeal a decision of the Building Official or Fire Chief to the Local Appeals Board when it is claimed that any one (1) or more of the following conditions exist:

(1)    The true intent of this title and Chapter 5-33, as described in those codes, has been incorrectly interpreted.

(2)    A provision in this title or Chapter 5-33 does not apply.

(3)    A decision is arbitrary as it applies to alternatives, new materials or interpretations of this title and Chapter 5-33.

(i)    Request for Appeals Action Ratification. For the purposes of this chapter, “request for ratification” shall mean actions required under Section 109.1.5. A written request by the Building Official that the Board approves a proposed solution based upon a finding of “unreasonable hardship” as that term is used in Title 24 of the California Code of Regulations.

(1)    The Board must have approved a request for ratification, prior to the approval of plans or issuance of a permit, which requires a finding of unreasonable hardship from an appeal to the Building Official.

(2)    The Building Official shall place any appeal consisting of a request for ratification to determine an unreasonable hardship on the Board’s agenda in compliance with provisions contained in this section.

(j)    Decisions. The Board shall not render any decision allowing a proposed design solution unless, after the hearing, it finds on the basis of substantial evidence that:

(1)    The proposed design is satisfactory and complies with the intent of this chapter; and

(2)    The proposed design meets the requirements of Title 24.

(3)    Board decisions overruling the Building Official’s decisions shall require four (4) votes. Board decisions ratifying the Building Official’s requests for ratification shall require three (3) votes.

(4)    Should the Board render a decision contrary to that of the Building Official, then the decision of Board shall be deemed the decision of the Building Official or Fire Chief.

(k)    Decisions Findings and Order.

(1)    The decision of the Board shall be final and conclusive.

(2)    The findings and order of the Board shall include the following notice:

(i)    Notice to parties;

(ii)    The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094.6.

(§ 1, Ord. 1483-25, eff. January 1, 2026)