HomeMy WebLinkAboutORD NO 3387ORDINANCE No. 3 3 8 7
AN ORDINANCE 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 Clty Clerk to notify state.
Purpose of title.
Title of Title 15.
Applicability of tltle.
Interpretatlon of title,
Deflnttlons.
Title enforcement-Reasonable application or
modification of tltle.
Record lng of building department transactlons -
Dtsposltlon of fees,
Adoptlon of regulatlons and fee schedule,
Unfinished structures or projects.
Board of Butldtng Appeals - Powers and duttes.
Llmltatlon 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 1991 Editions of the
Uniform Codes, and the 1990 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 Du~y of City Clerk to no. Ify 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 Appllcablllty 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.
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15.04.070 Definitlons.
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 Oepartment of the
City.
15.04.080 Title enforcement - Reasonable appllcatlon or
· odlflca~lon 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 or 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 thirty 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 thirty dollars. In
such cases, a total minimum fee of thirty dollars shall be
charged.
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D. A special investigation fee of fifty dollars
shaii 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.
15.04.090
Recording 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 general fund.
15.04.100 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 and
enforcement 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 pro-
vide for the partial refund of permit fees to applicants.
C. A minimum application fee of thirty 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 par-
ticular application total less fhan thirty dollars. In such cases, a
total minimum fee of thirty dollars shall be charged.
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 duplicating documents and other special
services shall be in accordance with City administrative policy.
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15,04.110 Unflnlshed 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 Bulldlng 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
methc~ls 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.
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, 1991 Edition; by Section 203 of the Uniform
Mechanical Code, 1991 Edition; by Section 20.14 of the Uniform
Plumbing Code, 1991 Edition; by Section 205 of the Uniform Code
for the Abatement of Dangerous Buildings, 1991 Edition; and
Section 203 of the Uniform Administrative Code provisions for the
National Electrical Code, 1990 Edition; and by Section 2.303 of
the Uniform Fire Code, 1991 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
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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, 1990 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 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;
7. Perform such other functions and duties as may
be delegated to it by the Council by ordinance or otherwise;
8. Adopt such rules and regulations consistent
with laws as it sees fit to conduct all business that may come
before it.
9. Hear appeals from decisions of the Building
Director 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) hazard-
ous building subcommittee) to review each appeal and submit a
written report to the Appeals Board for its consideration at the
hearing.
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15.04.130 Llmltatlon 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 Mtnlmum wall slze 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 a
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.
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 ls 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.
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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
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
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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 AU8 2 8 1§91 , by the
following vote:
AYES; COUNCILMEMBERS: EBWA. R.J)S, OeMOND, SMITH, BRUNNI, PETERSON, McDERMOTT, $ALVAGGIO
NOES: COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN' COUNCILMEMBERS'
Council of the City of Bakersfield
APPROVED AU8 2 8 1995
Mayor of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
LCM/kg
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 Bakersfield; and that on the 30th day of August
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 3387 passed
City Council at a meeting held on the 28th day of
and entitled:
of the City
19 91 she
and correct copy of
by the Bakersfield
August 1991,
By:
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
NSAOPD