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HomeMy WebLinkAboutORD NO 3239ORDINANCE NO. 3239 , NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 15.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM BUILDINGS AND CONSTRUCTION CODE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.04 of the Bakersfield Municipal Code is hereby amended 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 15.04.140 15.04.150 15.04.160 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. Fees for mobile homes. Minimum wall size for recess mobile homes. Violation - Penalty. 15.04.010 Findings designated. The city council does expressly find and determine that the changes and modifications to the 1988 Editions of the Uniform Codes, and the 1987 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 notify state. The city clerk, upon enactment of the ordinance codi- fied 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 territory of the city. 15.04.040 Title of Title 15. A. This title may be cited as the "buildings and construction code." B. This code is comprised of codes of regulations and standards adopted by agencies of the state and by nationally recognized organizations which have existed more than three years 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 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 con- struction and to existing mechanical, plumbing and 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 appli- cation with dissimilar limitations or requirements, the more restrictive regulation shall apply. - 2 - 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. B. "Board of Appeals" and "board" means the board of building appeals of the city. city. C. "Department" means the building department of the 15.04.080 Title enforcement - Reasonable application or modification of title. A. The building director shall administer and enforce the buildings and construction code. He may delegate administra- tive powers to qualified personnel. Pursuant to the provisions of California Penal Code Section 836.5, any officer or employee of the building department of the city holding the position of Building Inspector III or higher may enforce the provisions of Title 15 of the Bakersfield Municipal Code and Chapter 2, Part 3, Division 13 of the California Health and Safety Code (Sections 19100 et seq.) and may arrest a person without a warrant whenever that officer oar employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any law which he has the duty to enforce. An office or employee making an arrest under the authority of this section shall follow the citation-release procedures prescribed in Chapter 5C, Title 3, Part 2 of the California Penal Code (Sections 853.5, et seq.) of such procedure hereafter enacted by the State of California. 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. C. A minimum application fee of twenty dollars shall be charged for the processing of each application for a permit. This minimum application fee shall apply only where regular fees on a particular application total less than twenty dollars. In such cases, a total minimum fee of twenty dollars shall be charged. - 3 - D. A special investigation fee of thirty 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 duplication documents and other special services shall be in accordance with city administrative policy. 15.04.110 Unfinished structures or projects. 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 building appeals - 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 deter- mine 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 con- ducting 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 legisla- tion consistent with its purposes and function. - 4 - C. The board of building appeals created in subsection A of this section shall serve in the place of and have the powers and duties of the board of appeals created by Section 204 of the Uniform Building Code, 1988 Edition; by Section 203 of the Uniform Mechanical Code, 1988 Edition; by Section 20.14 of the Uniform Plumbing Code, 1988 Edition; by Section 205 of the Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition; and Section 203 of the Uniform Administrative Code provisions for the National Electrical Code, 1987 Edition. The board of building appeals created in subsection A of this section shall also have responsibility 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 enforcement of the National Electrical Code, 1987 Edition. D. The board of building appeals shall have the power and duty to: 1. Provide for final interpretation of the provi- sions of the Uniform Housing Code adopted by the city and to hear appeals provided for thereunder; 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 pur- suant 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 eligibil- ity 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 concerning housing conditions to the council; investigations as it deems advisable in the city and report its findings - 5 - 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; 7. Perform such other functions and duties as may be delegated to it by the council by ordinance or otherwise; with laws as before it. 8. Adopt such rules and regulations consistent it sees fit to conduct all business that may come 15.04.130 Limitation on responsibility. A. 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. 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 serv- ices by the building department, an applicant consents to the lim- itations of this section. 15.04.140 Fees for mobile homes. All fees for mobilehome construction shall be imple- mented and collected as regulated through the most current addi- tion of the State Title 25, Chapter 2, Mobilehome Parks Act. 15.04.150 Minimum wall size for recess mobile homes. The protection for the slopes or cuts underneath mobile homes shall be designed to withstand erosion and drainage. Vertical cuts for recess mobile homes shall have an minimum concrete or block wall four (4) inches wide with a #4 ver- tical rebar every thirty-two (32) inches O.C. and two (2) #4 rebar horizontal top and bottom. Minimum footing shall be eight (8) inches in height and twelve (12) inches in width extending above adjacent grade a minimum of four (4) inches. - 6 - 15.04.160 Violation - Penalty. A. Any person, firm or corporation who violates, causes, permits or allows the violation of any provision of this buildings and construction code is guilty of a misdemeanor. The person is guilty of a separate offense for each day or portion therof he permits, causes or allows a violation to continue. B. Any structure, construction or installation that is undertaken or permitted to continue in violation of any provi- sion of the code of buildings and construction is a public nuisance and may be abated by the building director in accordance with the provisions of this title. C. Any person, firm or corporation convicted of vio- lating any of the provisions of this buildings and construction code shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - 7 - I EEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on July 19~ 1989 , by the following vote: AYES: COUNCILMEMBERS: ANTHONY, DeMOND, SMITH, R A TF'Y, ¥,,L*.e~e~U~, McDERMOTT, SALVAGGfO NOES: COUNCiLMEMBERS: '~'TO~ e ABSENT: COUNCILMEMBERS P~'I- p3~,qc)n ABSTAIN: COUNCILMEMBERS; Nr~n~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED July 19, 1989 CLARENCE E. MEDDERs' MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY ~f ~e-~y ~ Bakersfield LCM/meg O ORD 4 UC.CONSl 6/19/89 - 8 - 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 21st day of July , 19 89 she posted on the Bulletin Board at City Hall, a. full, true and correct copy of the following: Ordinance No. City Council at a meeting held on the and entitled: AN ORDINANCE OF THE COUNCIL OF 3239 , passed by the Bakersfield 19th day of 'July , 19 ~9, THE CITY OF BAKERSFIELD AMENDING CHAPTER 15.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM BUILDINGS AND CONSTRUCTION CODE. NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield cler~' DEPUTY City