Chapter 15.08
BUILDING CODE
Sections:
15.08.010 Adoption by reference.
15.08.020 Amendments to California Building Code.
15.08.030 Reference to officials in adoption.
15.08.040 Misrepresentation in permit application.
15.08.050 Building permit fees.
15.08.060 Disconnection of utility service.
15.08.070 Additional plan check fees.
15.08.080 Additional requirements for issuance of building permits.
15.08.090 Capital acquisition recovery fee (CARF).
15.08.010 Adoption by reference.
See Section 15.04.010(A) adopting by reference the 2019 California Building Code. (Ord. 2021-03 § 5 (Exh. B))
15.08.020 Amendments to California Building Code.
The provisions of this section shall constitute local amendments to the cross-referenced provisions of the 2019 California Building Code, and shall be deemed to replace the cross-referenced section in said code with the respective provisions set forth in this section.
A. Section 105.3 is amended by adding Item 8 at the end of the text of that section to read as follows:
8. Provide a list of the subcontractors whose services are required and will be part of the prime contract. The applicant, who shall be the owner of the improvements for which the permit is to be issued or the general contractor who has assumed the prime contract shall be responsible for the fees for all permits required for the completion of improvements for which the building permit applied for is to be issued. None of the foregoing shall be construed to prevent subcontractors from applying for and receiving permits upon payment of fees in accordance with other applicable ordinances.
(Ord. 2021-03 § 5 (Exh. B))
15.08.030 Reference to officials in adoption.
In the codes adopted by reference in this title, reference to “city” means the city of Winters; to “state” means the state of California; to “building official” means the building official of the city of Winters or his or her designee; and “department” means the building division of the city of Winters. (Ord. 2021-03 § 5 (Exh. B))
15.08.040 Misrepresentation in permit application.
No person shall make a false statement or misrepresentation in or in connection with an application for a permit under this title. Any permit issued under this title may be revoked or suspended at any time by the building inspector for fraud, misrepresentation or false statement contained in an application for a permit, or for violations of this title in connection with work done under the permit. (Ord. 2021-03 § 5 (Exh. B))
15.08.050 Building permit fees.
All permit fees required pursuant to this title shall be paid in the amount established and set forth in Chapter 15.60, entitled “Fee Schedule,” established by resolution of the city council. (Ord. 2021-03 § 5 (Exh. B))
15.08.060 Disconnection of utility service.
The building inspector may order or shut off or disconnect any or all utility service to any structure of facility or to any electrical conductor or apparatus which is found to be in violation of any state or county law or regulation relating thereto or to the public health, safety or welfare. If a violation involves an immediate danger to a person(s) or to other properties or to the public health, safety or welfare, the building inspector may have the action taken as quickly as determined necessary by the danger; otherwise ten (10) days’ advance notice will be given by mail to the utility and the owner of the property as shown in the last assessment roll and by conspicuously posting notice of the order and the actions taken, which no person shall remove, tamper with or disobey. Such action will be modified when it becomes proper to do so in view of the danger or violation. (Ord. 2021-03 § 5 (Exh. B))
15.08.070 Additional plan check fees.
For a plan check conducted by a consultant retained by the city, the city shall collect a plan check fee equal to one hundred (100) percent of the city’s cost for the consultant, plus twenty (20) percent to reimburse the city for the cost of obtaining the consultant. For a plan check resubmission, the city shall collect a plan check fee equal to the actual cost for plan check review using the building inspector’s full hourly reimbursable rate with a one-half hour minimum. (Ord. 2021-03 § 5 (Exh. B))
15.08.080 Additional requirements for issuance of building permits.
A. Completion of Infrastructure. No building permit shall be issued for any structure unless all on-site and off-site public improvements which are required by any ordinance, law, or regulation of the city or the state of California, or by the conditions of approval on any map or permit tentatively or finally approved by the city, are completed to the satisfaction of the city council, upon recommendation of the community development director.
B. Model Homes Exception. Notwithstanding subsection A of this section, building permits may be issued for model homes; provided, that a model home is defined as a home built for purposes of displaying the types of homes to be constructed in a subdivision which has been either tentatively approved or final approval by means of a map pursuant to the Subdivision Map Act, and no more than one model for each type of home to be constructed shall be issued a building permit, and no more than a maximum of seven building permits shall be issued for any such subdivision; and provided, further, that no building permit shall be issued for a model home, for emergency vehicles, by means of an all-weather surface road, and/or a public right-of-way acceptable to the city engineer, shall have been provided, and fire suppression facilities, to the satisfaction of the city engineer in consultation with the Winters fire department, shall have been provided.
C. Cessation of Inspection. At all times prior to issuance of a certificate of occupancy, the person to whom a building permit has been issued shall keep the street, right-of-way, and areas surrounding the structure clean and free of debris to the satisfaction of the community development director of the city or designee or if not so kept, the community development director or designee shall not conduct inspections requested by the permit holder.
D. Violation—Penalty. Any person who violates or fails to comply with any of the provisions of this section, or who violates or fails to comply with any order or regulation made thereunder, shall be guilty of a misdemeanor. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified in any citation or notice of violation, each day, or portion thereof, that such violations or defects continue shall constitute a separate offense. Fines and punishments for misdemeanors may be issued pursuant to Chapter 1.16. (Ord. 2021-03 § 5 (Exh. B))
15.08.090 Capital acquisition recovery fee (CARF).
A. A capital acquisition recovery fee shall be collected when a building permit is issued based on a schedule established by resolution of the city council.
B. Building permit fees shall be collected according to the building valuation schedule established by resolution of the city council. The plan check fee will be sixty-five (65) percent of building permit fee.
C. Reinspections. A reinspection fee shall be assessed for each reinspection. To obtain a reinspection, the applicant shall file an application therefor in writing on a form furnished for that purpose and pay the reinspection fee set forth in the schedule of fees established by resolution of the city council.
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Ord. 2021-03 § 5 (Exh. B))