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HomeMy WebLinkAboutORD NO 3657 3657 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 15.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM BUILDINGS AND CONSTRUCTION CODE AND ADOPTING AND ADDING A NEW CHAPTER 15.04 THERETO. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.04 of the Bakersfield Municipal Code relating to the Uniform Buildings and Construction Code is hereby repealed. SECTION 2. A new Chapter 15.04 of the Bakersfield Municipal Code is added to read as follows: Chapter 15.04 UNIFORM BUILDINGS AND CONSTRUCTION CODE Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 15.04.070 15.04.080 15.04.090 15.04.100 15.04.110 15.04.120 15.04.130 Findings designated. Duty of City Clerk to notify state. Purpose of title. Title of Title 15. Applicability of title. Interpretation of title. Definitions. Title enforcement -- Reasonable application or modification of title. Recording of building department transactions -- Disposition of fees. Adoption of regulations and fee schedule. Unfinished structures or projects. Board of Building Appeals -- Powers and duties. Limitation on responsibility. 15.04.010 Findinos desianated. The City Council does expressly find and determine that the changes and modifications to the 1994 Editions of the Uniform Codes, and the 1993 Edition of the National Electrical Code, as adopted by the ordinance codified in this title pursuant to Sections: 17922, 17958 and 17958.5 of the Health and Safety Code, contained in this title are reasonably necessary because of local conditions. 15.04.020 Duty of City Clerk to notif~ state. The City Clerk, upon enactment of the ordinance codified in this title, shall notify the Department of Housing and Community Development, Division of Building and Housing Standards, State of California, of this enactment by sending a copy of the ordinance codified in this title, along with a notice advising such department of the fact of the enactment of said ordinance and its effective date and of the express findings made in Section 15.04.010 that such changes and modifications to the said codes adopted by reference in this title, are reasonably necessary in the City because of local conditions. 15.04.030 Purpose of title. The purpose of this title is to promote the public safety and welfare by the adoption of minimum building standards to be required and enforced throughout the territoW of the City. 15.04.040 Title of Title 15; A. This title may be cited as the "Buildings and Construction CodeY B. This code is comprised of codes of regulations and standards adopted by agencies of the state and by nationally recognized organizations as well as compendium of existing ordinances incorporated into the written expression of the entire body of local law governing building or construction in the territory of the City. 15.04.050 Al~l~licabilitv of title. The Buildings and Construction Code applies to new building construction and to the installation of new mechanical. plumbing, electrical and sign systems as well as to existing construction and to existing mechanical, plumbing, electrical and sign systems to the extent specifically defined by the codes adopted by reference into this title. 15.04.060 Interpretation of title. The Buildings and Construction Code shall be liberally construed to effect its purpose. If the code regulates one application with dissimilar limitations or requirements, the more restrictive regulation shall apply. 15.04.070 Definitions. As used in the Buildings and Construction Code: A. "Administrative Authority.", "Building Official", "Chief Building Inspector", and "Chief Electrical Inspector" means the Building Director of the City. 2 B. "Board of Appeals" and "Board" means the Board of Building Appeals of the City. C. "Department" means the Building Depal'tment of the City. 15.04.080 Title enforcement -- Reasonable application or modification of title. The Building Director shall administer and enforce the Buildings and Construction Code. He may delegate administrative powers to qualified personnel. 15.04.090 Recordina of Building Department transactions m Disposition of fees. A. The Building Director shall cause to be made and filed a permanent record of each transaction of the Building Department required by this Buildings and Construction Code. B. Permit fees shall be paid to the Finance Director for deposit in the Development Services fund. 15.04.100 Adoption of reaulations and fee schedules. A. The Building Director shall promulgate reasonable rules and regulations to implement or facilitate inspection functions, the issuance of permits and certificates, and other administrative duties imposed upon him by the Buildings and Construction Code and shall file three copies of all the regulations with the City Clerk to be included in the administrative code of the City. B. Subject to approval by the City Council, the Building Director may promulgate and charge a reasonable schedule of fees for permit renewal, processing applications and for the performance of special services by the Building Depasia~ent in administering and enforcing the Buildings and Construction Code. The schedule may provide for the partial refund of permit fees to applicants. C. A minimum application fee of thirty dollars shall be charged for the processing each application for a permit. This minimum application fee shall apply only where regular fees on a particular application total less than thirty dollars. In such cases, a total minimum fee of thirty dollars shall be charged. D. A special investigation fee of forty dollars shall be charged for investigation work done where no permit or permits are sought by the party or parties requesting the investigation. E. Fees for duplicating documents and other special services shall be in accordance with City administrative policy. 3 15.04.110 Unfinished structures or oroiects. A. Whenever the Building Director determines by inspection that the work on any structure or project, authorized by permit and once commenced, has been suspended or abandoned for a period of one hundred eighty or more days, he shall give written notice to the owner or other person in control of the property upon which the structure or project is situated to obtain a new permit and to complete or demolish and remove the work. B. Thereafter, the owner or other person in control of the property shall either obtain a new permit within thirty days from the notice date and diligently pursue the work to completion, or obtain a permit for and demolish and remove the structure or project within sixty days from the notice date. 15.04.120 Board of Buildiw, Aooeals -- Powers and duties. A. There is created the city board of building appeals consisting of seven members who shall be qualified by training and experience in building construction or the building trades. All seven members shall be appointed by and serve at the pleasure of the City Council. As soon as practical after the appointment of the first board, the board shall meet and organize. Thereafter, the board shall have the powers granted, and shall assume the duties, responsibilities and functions imposed by the buildings and construction code upon the board. The building director shall be a nonvoting, ex officio member and shall act as secretary of the board. B. The board of building appeals shall resolve all questions relating to the suitability of alternate materials and methods of construction arising under this title and shall determine reasonable interpretations of the provisions of the buildings and construction code. The board shall adopt reasonable rules and regulations, consistent with the purposes of such code. for conducting its hearings and investigations; it shall render written findings and decisions signed by its chairman and secretary in all cases, to the building director, and serve a copy on the appellant. The board may study and recommend to the City Council new legislation consistent with its purposes and function. C. The board of building appeals created in subsection A of this section shall have the responsibiliw of resolving any interpretations of the rules made by the Building Director, for resolving decisions made by the Building Director upon the approval of equipment and materials and for resolving any questions concerning the granting of the special permission contemplated in a number of rules or suitability of alternate methods, in connection with the Uniform Codes adopted pursuant to Chapter 15 of this Code. D. The board of building appeals shall have the power and duty to: I. Provide for final interpretation of the provisions of the Uniform Codes adopted by the City and to conduct hearings on the abatement of nuisances, where applicable, as provided in Chapter 8.80 of this Code: 2. Hear appeals from decisions of the Building Director on matters pertaining to the moving of dwellings and buildings accessory thereto in the interpretation of Sections 15.44.060 and 15.44.090; 3. Hear all complaints brought by residents of the project area of the Bakersfield Central District Development Agency and review determinations by the Central District Development Agency as the relocation appeals board, established pursuant to Section 33417.5 of the Health and Safety Code and pursuant to the powers of the City as a Charter City; 4. Hear appeals from the city by persons applying to such board who are aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by Chapter 16 (Relocation Assistance) of Division 7, Title 1 (commencing with Section 7260) of the Government Code; 5. Make such investigations as it deems advisable concerning housing conditions in the city and report its findings to the Council; 6. Act in an advisory capacity to the Council on matters pertaining to the financing of housing and related construction, housing conditions, enforcement of the Bakersfield Uniform Housing Code and recommend to the Council the adoption, amendment or repeal of legislation pertaining thereto: Perform such other functions and duties as may be delegated to it by the Council by ordinance or otherxvise: $. Adopt such rules and regulations consistent with laws as it sees fit to conduct all business that may come before it; 9. Conduct hearings on matters pertaining to the standards for reinforcing of unreinforced masonry bearing wall buildings contained in Chapter 15.40. In the conduct of such hearings, the city shall retain a structural engineer (selected in rotation from a list recommended by Structural Engineers Association of California (SEAOC) hazardous building subcommittee) to review each appeal and submit a written report to the appeals board for its consideration at the hearing. 15.04.130 Limitation on responsibility. A. Neither an approval nor a permit granted by the Building Depai tment shall constitute permission or authority, or be interpreted as a waiver, to permit the violation of any statute, ordinance or regulation. B. Neither the city nor its officers and employees shall be deemed liable for structural or construction defects resulting from the administration or enforcement of the buildings and construction code by such entity or persons. C. By accepting a permit or the performance of services by the Building Department, an applicant consents to the limitations of this section. 5 SECTION 3. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... 00o ........ I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 0 9 1995 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMI,T~, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 0 9 1995 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY CARL HERNANDEZ II1 Deputy City Attorney ubcc AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 11th day of August, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3657, passed by the Bakersfield City Council at a meeting held on the 9th day of August, 1995, and entitled: AN ORDINANCE REPEALING CHAPTER 15.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM BUILDINGS AND CONSTRUCTION CODE AND ADOPTING AND ADDING A NEW CHAPTER 15.04 THERETO By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield