Chapter 13.13
AMENDMENTS TO INTERNATIONAL EXISTING BUILDING CODE
Sections:
13.13.020 Amendments to Chapter 1, Section 108, Fees.
13.13.030 Amendments to Chapter 1, Section 112.
13.13.010 Amendment to Chapter 1, Section 103, Department of Building Safety, and Section 104, Duties and Powers of the Building Official.
Section 103, Department of building safety and Section 104, Duties and powers of the building official of the International Existing Building Code, 2018 Edition, is hereby amended as follows:
Section 103 Creation of enforcement agency.
103.1 Creation of enforcement agency. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official. The building and fire safety division of the public services department shall function as the enforcement agency.
103.2 Deleted. See YCC 13.04.010.
103.3. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plans examiners and other employees. Such employees shall have powers as delegated by the building official.
104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt and enforce rules, policies and procedures in order to clarify the application of its provisions. Such interpretations, rules, policies and procedures shall be in conformance with the intent and purpose of this code. Such rules, policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Such rules, policies and procedures adopted by the building official as authorized in this code shall become part of Chapter 1, Administration, and shall be applied in conjunction with the provisions of Chapter 1.
104.8 Liability. The building official, or employee charged with the enforcement of this code, while in the discharge of their official duties shall not thereby be rendered liable personally and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required, or permitted, or in the scope of their official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the code enforcement agency, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Ord. 4-2021 § 2, 2021).
13.13.020 Amendments to Chapter 1, Section 108, Fees.
Section 108 of the International Existing Building Code, 2018 Edition, is amended as follows:
108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
108.2 Schedule of permit 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 as established by the applicable governing authority. The fee for each permit shall be as set forth in Amended Table 1-A as established in YCC 13.24.020.
108.2.1 Plan Review Fees. When submittal documents are required to be submitted by Section 105, a plan review fee in addition to the permit fee shall be paid at the time of submitting submittal documents for plan review. Said plan review fee shall be SIXTY-FIVE (65) PERCENT of the building permit fee as shown in Amended Table 1-A.
The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves phased approvals or deferred submittal items as defined in Sections 106.3.3 and 106.3.4, an additional plan review fee shall be charged at the rate shown in Amended Table 1-A.
108.3 Building permit valuations.
The determination of value or valuation under any of the provisions of this code shall be made by the Building Official by reference to the “building valuation data” as published by the International Code Council. The value to be used in computing the building permit and building plan review fee shall be the total value of all construction work for which the permit is issued. The value or valuation to be used in calculating fees is calculated from the “building valuation data” published by the International Code Council by taking the value per square foot area for the occupancy group and construction type that matches the occupancy group and the construction type of the building for which a permit application has been submitted from the valuation table, and multiplying that value by the building area, as defined in IBC Section 202, to establish the valuation to be used in calculating the permit fee and the plan review fee as set forth in section 108.2 and 108.2.1.
108.4 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 an additional fee established by the building official that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the cost of enforcement to the jurisdiction. The minimum investigation fee shall be the same as the permit fee set forth in Amended Table 1-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition of 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.
108.6 Refunds. The building official is authorized to establish a refund policy.
(Ord. 4-2021 § 2, 2021).
13.13.030 Amendments to Chapter 1, Section 112.
Section 112 of the International Existing Building Code, 2018 Edition, is amended as follows:
112.1 General. The board of appeals created in Section 113 of the International Building Code as amended in YCC 13.05.060 shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code. The building official shall be an ex-officio member of said board but shall have no vote on any matter before the board The board shall follow the rules of procedure for conducting its business set forth in Section 113 of the International Building Code as amended in YCC 13.05.060, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
112.2 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.
(Ord. 4-2021 § 2, 2021).