HomeMy WebLinkAboutORD NO 4087 ORDINANCE NO. 4 0 $ ~
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Buildings and Construction Code is hereby repealed.
as follows:
SECTION 2.
A new Chapter 15.04 of the Bakersfield Municipal Code is added to read
Chapter 15.04
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.i30
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
Findings designated.
ORiGiNAL
5.04.020
15.04.030
15.04.040
15.04.050
The City Council does expressly find and determine that the changes
and modifications to the 2001 Editions of the California Codes, 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.
Duty of City Clerk to notify state.
The City Clerk, upon enactment of the ordinance codified in this title,
shall notify the California Building Standard Commission, 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 climatic, geological
and topographical conditions.
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 territory of the City.
Title of Title 15.
A. This title may be cited as the "Buildings and Construction Code."
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.
Applicability 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, plum~bing, electrical and sign systems to the
extent specifically defined by the codes adopted by reference into this
title.
ORIGINAL
15.04.060
15.04.070
15.04.080
15.04.090
15.04.100
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.
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.
B. "Board of Appeals" and "Board" means the Board of Building
Appeals of the City.
C. "Department" means the Building Department of the City.
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.
Recordin~l of Building Department transactions- 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.
Adoption of regulations 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 Department in administering
and enforcing the Buildings and Construction Code. The
schedule may provide for the partial refund of permit fees to
applicants.
Fees for services by the building department shall be set forth in
the master fee schedule adopted by the city.
15.04.110 Unfinished structures or projects.
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.
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 Building Appeals -- Powers and duties.
There is hereby 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.
The board of building appeals shall resolve all appeals 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
4 '~ ~GtNAL
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.
The board of building appeals created in subsection A of this
section shall have the responsibility of hearing and deciding
appeals of 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 California Codes adopted
pursuant to Chapter 15 of this Code.
The board of building appeals shall have the power and duty to:
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;
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;
Hear all complaints brought by residents of the project
area of the Re-Development Agency and review
determinations by the Re-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;
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 7268) of the Government Code;
Make such investigations as it deems advisable
concerning housing conditions in the city and report its
findings to the Council;
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 otherwise;
Adopt such rules and regulations consistent with laws as
it sees fit to conduct all business that may come before it;
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.
Neither an approval nor a permit granted by the Building
Department shall constitute permission or authority, or be
interpreted as a waiver, to permit the violation of any statute,
ordinance or regulation.
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 pr persons.
By accepting a permit or the performance of services by the
Building Department, an applicant consents to the limitations of
this section.
rbR~tNAL
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.
ORIGINAL
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
0C'[ 2, ?.00Z ., by the following vote:
CITY CLERK and Ex Officio Cl~'k of the
Council of the City of Bakersfield
V
OCT
APPROVED:
HARVEY HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
BY:
ORIGtNAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 3rd day of October , 2002 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4087 , passed by the
Bakersfield City Council at a meeting held on the 2nd day of October 2002 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.
/s/PAMELAA. McCARTHY
City Clerk of the City of Bakersfield
By:
DEP[3'~¢ City Clerk "~'<--....~
ORIGINAl