[1]
Editor's Note: Prior Ordinance history includes portions of
Ordinance Nos. 775, 842, 948, 979, 1001, 1056, 1111, 1158, 1196 and
1219-13.
[Amended 4-3-2023 by Ord.
No. 1284]
The purpose of this chapter is to provide minimum standards
to safeguard life, health, property and the public welfare by regulating
and controlling the design construction, quality of materials, use
and occupancy, location of all buildings and structures within the
city, to encourage and instruct people to build safely and economically,
rather than to discourage building, and to provide a minimum of restrictive
enforcement and a maximum of good building information and encouragement.
This chapter is designed to include technical code utilized by the
Building Division into one chapter to increase understanding.
[Amended 4-3-2023 by Ord.
No. 1284]
That certain chapter in the 2022 California Building Code (CBC) entitled "Chapter 1: Scope and Administrative, Division I," Section 1.8.3 and "Division II Scope and Administration" as compiled and published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, as hereinafter amended, deleted and added to is hereby adopted by reference as the code to provide the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation, construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment in the City of Oakdale.
[Amended 4-3-2023 by Ord.
No. 1284]
The Division II of Chapter 1 of the 2019 California Building Code adopted in this article is hereby modified by the following amendments, additions and deletions.
Section 101.4.1 "Electrical" is amended to read:
The provisions of the California Electrical Code shall apply
to the installation of electrical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and
appurtenances thereto.
Section 101.4.2 "Mechanical" is amended to read:
The provisions of the California Mechanical Code shall apply
to the installation of gas piping from the point of delivery, gas
appliances and related accessories as covered in this code. These
requirements apply to gas piping systems extending from the point
of delivery to the inlet connections of appliances and the installation
and operation of residential and commercial gas appliances and related
accessories and shall apply to the installation, alterations, repairs
and replacement of mechanical systems, including equipment, appliances,
fixtures fittings and/or appurtenances, including ventilating, heating,
cooling, air-conditioning and refrigeration systems, incinerators
and other energy-related systems.
Section 101.4.3 "Plumbing" is amended to read:
The provisions of the California Plumbing Code shall apply to
the installation, alteration, repair and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings and appurtenances,
and where connected to a water or sewage system and all aspects of
a medical gas system. The provisions of the California Plumbing Code
shall apply to private sewage disposal systems.
Section 101.4.5, "Fire prevention" is amended to read:
The provisions of the California Fire Code shall apply to matters
affecting or relating to structures, processes and premises from the
hazard of fire and explosion arising from the storage, handling or
use of structures, materials or devices; from conditions hazardous
to life, property or public welfare in the occupancy of structures
or premises; and from the construction, extension, repair, alteration
or removal of fire suppression and alarm systems or fire hazards in
the structure or on the premises from occupancy or operation.
Section 103.1 "Creation of enforcement agency" is amended
to read:
There is hereby established in this jurisdiction a Building
Inspection Division which shall be under the administrative and operational
control of the Building Official, who shall be appointed by the City
Manager and shall have the authority granted in this chapter and in
the building codes adopted by the City of Oakdale.
Section 103.2 "Appointment" is amended to read:
The Building Official shall be appointed by the City Manager.
Section 105.1.1 Annual Permits, is deleted in its entirety.
Section 105.1.2 Annual Permits Records, is deleted in
its entirety.
Section 109.2, "Schedule of permit fees" is amended to
read:
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 City's Master Fee
Schedule.
Section 109.3, "Building permit valuations" is amended
to read:
The applicant for a permit shall provide an estimated permit
value at time of application. Permit valuations shall include total
value of work, including materials and labor, for which a permit is
being issued, such as electrical, gas, mechanical, plumbing equipment
and permanent systems, as well as all finish work, painting and roofing.
If in the opinion of the building official, the valuation is underestimated
on the application the permit shall be denied, unless the application
can show detailed estimates to meet the approval of the building official.
Final building permit valuation shall be set by the building official.
In no case shall the valuation be less than those values in the Building
Safety Journal Magazine, published by the International Code Council,
4051 West Flossmoor Road, Country Club Hills, Illinois, 90476, the
most recent publication of which said magazine and said building valuation
date shall be the minimum valuations under this code.
Section 109.6 is amended to read:
The Building Official may authorize refunding of not more than
80% of the Building Permit fee paid when no work is done under a permit
issued in accordance with this code.
The Building Official may authorize a refunding of not more
than 80% of the plan review fee paid when an application for a permit
for which a plan review fee has been paid is withdrawn or canceled
before any examination time has been expended. The Building Official
shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee or their duly authorized
agent not later than 180 days after the date of fee payment.
Section 109.7 is added to read:
Plan Review Fees. When the valuation of the proposed construction
exceeds $500 the plan review fee shall be paid to the Building Official
at the time of submitting plans and specifications for review.
Plan Review Fees shall be as set forth in the City's Master
Fee Schedule. Where plans are incomplete or changed so as to require
additional plan review, an additional plan review fee may be charged.
Section 109.8 is added to read:
Deputy Inspector. The City Council may institute a Deputy Inspector
Program for use in major facilities occupied and used solely for manufacturing
purposes. If authorized, the implementation of such a program would
be subject to mutual consultation and agreement between the City and
any major manufacturing facility. The Deputy Inspector shall meet
minimum qualifications and comply with all administrative procedures
and policies as set by the Chief Building Official or designee.
Section 110.3.5 Delete the following sentence: "Exception:
Gypsum board that is not part of a fire-resistance-rated assembly
or a shear assembly.
Section 111.2 is amended to read:
Exception: R3 and U occupancies. (Single-Family Dwellings and
Residential Garages)
Section 111.3 is amended to read:
Temporary Certificate. If the Building Official finds that no
fire, life and safety hazard will result from occupancy of any building
or portion thereof before the same is completed, he may issue a temporary
Certificate of Occupancy, for the use of a portion or portions of
a building or structure prior to completion of the entire building
or structure. Depending upon the unfinished work, a completion bond
may be required by the Building Official. Bond amount shall be established
by the Building Official based on the value of the work necessary
to achieve Certificate of Occupancy as defined by Section 109.3.
If any building or structure, including Groups R - Division
3 and M occupancies are to be occupied prior to the permit being finaled,
an approval of the Building Official is required prior to the final
inspection. The occupant, owner and contractor shall sign a temporary
certificate of occupancy prior to occupying the building. If corrections
are not completed within time limit specified on Temporary Certificate
of Occupancy the Building Official shall have the authority to request
the immediate discontinuance of the electrical and/or the gas service
by the appropriate utility and may file a notice of non-compliance
with the County Recorder. The notice of non-compliance shall be removed
by the Building Official only after all items requiring correction
are completed.
Section 111.5 to be added to read:
Unlawful Occupancy. If any building or structure is occupied
prior to the issuance of a Certificate of Occupancy or Temporary Certificate
of Occupancy as required by subsections above, the Building Official
shall have the authority to request immediate discontinuance of the
electrical service and/or gas service by the appropriate utility.
Section 113 "Board of Appeals" is amended to read:
113.1 General. In order to hear and decide appeals
or orders, decisions or determinations made by the building official
relative to the application and interpretation of this code, there
shall be and is created a board of appeals. The board of appeals shall
be appointed by the governing body and shall hold office at its pleasure.
The board shall adopt rules of procedure for conducting its business.
113.2 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 hereunder has 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 relative to interpretation of the administration provisions
of this code, nor shall the board be empowered to waive requirements
of this code.
113.3 Qualifications. The board of appeals shall
consist of members who are qualified by experience and training to
pass on matters pertaining to building construction and are not employees
of the jurisdiction.
1. Application. The application for an appeal shall
be filed with the building official within twenty days after the notice
code violation was served.
2. Rules and Procedure. The board is authorized
to establish policies and procedures necessary to carry out its duties.
The board shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The
procedures shall not require compliance with the strict rules of evidence,
but shall mandate that only relevant information is received.
3. Chairperson. The board shall annually select
one of its members to serve as chairperson.
4. Disqualification of Member. A member shall not
hear an appeal in which that member has a personal, professional or
financial interest
5. Secretary. The building official shall be an
ex officio member of and shall act as secretary to said board but
shall have no vote on any matter before the board.
6. Notice of Meeting. The board shall meet upon
notice from the building official within ten days of the filing of
an appeal or as stated in periodic meeting.
7. Open Hearings. All hearings before the board
shall be open to the public. The appellant, the appellant's representative,
the building official and any person whose interests are affected
shall be given an opportunity to be heard.
8. Postponed Hearings. When five members are not
present to hear an appeal, either the appellant or the appellant's
representative shall have the right to request a postponement of the
hearing.
9. Board Decision. The board shall only modify
or reverse the decision of the building official by a concurring vote
of two-thirds of its members.
10. Resolution. The decision of the board shall
become final and written certified copies of the decision shall be
furnished to the appellant and to the building official. The building
official shall take immediate action in accordance with the decision
of the board.
Section 113.4 "Disabled Access Board of Appeals" to be
added to read:
113.4.1 General. In order to hear appeals to actions
taken by the city and to provide reasonable interpretations of the
California Access Laws, there is the authority to establish a disabled
access board of appeals, hereinafter referred to as the board, consisting
of five members. Two of the members are to be physically handicapped,
two members to be experienced in construction, and one member a public
member. The building official shall act as secretary of the board.
The board of appeals shall be appointed by the governing body and
shall hold office at its pleasure.
113.4.2 Authority to Adopt Rules and Procedures. The board is authorized to establish policies and procedures necessary
to carry out its duties. The board shall adopt and make available
to the public through the secretary procedures under which a hearing
will be conducted. The procedures shall not require compliance with
the strict rules of evidence, but shall mandate that only relevant
information is received.
113.4.3 The board shall hear appeals in accordance with
the procedures set forth herein.
1. Limitation on Authority. An application for
appeal shall be based on a claim that the true intent of this code
or the rules legally adopted hereunder has 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 relative to interpretation of the administration provisions
of this code nor shall the board be empowered to waive requirements
of this code.
2. Application. The application for an appeal shall
be filed with the building official within twenty days after the notice
code violation was served.
3. Chairperson. The board shall annually select
one of its members to serve as chairperson.
4. Disqualification of a Member. A member shall
not hear an appeal in which that member has a personal, professional
or financial interest.
5. Secretary. The building official shall be an
ex officio member of and shall act as secretary to the board but shall
have no vote on any matter before the board.
6. Notice of Meeting. The board shall meet upon
notice from the building official within twenty days of the filing
of an appeal or as stated in periodic meeting.
7. Open Hearings. All hearings before the board
shall be open to the public. The appellant, the appellant's representative,
the building official and any person whose interests are affected
shall be given an opportunity to be heard.
8. Postponed Hearings. When five members are not
present to hear an appeal, either the appellant or the appellant's
representative shall have the right to request a postponement of the
hearing.
9. Board Decision. The board shall only modify
or reverse the decision of the building official by a concurring vote
of two-thirds of its members.
10. Resolution. The decision of the board shall
become final and written certified copies of the decision shall be
furnished to the appellant and to the building official. The building
official shall take immediate action in accordance with the decision
of the board.
Section 117 to be added to read:
Demolition or Moving of Buildings.
117.1 Prior to the issuance of a permit to demolish
or move a building, the owner of the property on which the building
is to be demolished, or moved or his agent, may be required to file
with the Building Official a bond in favor of the City of Oakdale
conditioned as follows:
117.2 Before any work is started the permittee
or his agent shall notify the appropriate utilities in order that
all gas, electric sewer, water etc., that are to be disconnected from
the building may be capped and sealed or otherwise secured. Necessary
safety precautions shall be taken during demolition or moving operation
to protect public and private property.
117.3 Immediately after the demolition or moving
of any building or structure, the permittee or his agent shall securely
barricade all basement excavations and other holes or openings as
required by the Building Official.
117.4 Immediately after the demolition of any building
or structure, the permittee or his authorized agent shall complete
the following work.
1. Securely close and seal any sanitary piping located on the
property, as required by Stanislaus County Health Department and Building
Official.
2. Fill with sand or remove at the discretion of the Building
Official or Stanislaus County Health Department, any septic tanks
or cesspools located on the property.
3. Fill and compact to 90% relative density any openings, excavation
or basements remaining on the land with clean sand to street level
or the natural level of adjoining property, unless directed otherwise
by the Building Official.
4. Remove any underground tanks formerly used for storage of
flammable liquids, as may be required by the City of Oakdale Fire
Department or Stanislaus County Environmental Resources Department.
117.5 Any bond required by this section shall be
in an amount equal to the cost of the proposed work, as estimated
by the Building Official. The bond shall be in the form of a Certificate
of Deposit or other form approved by the Director of Finance.
117.6 The demolition or moving permit shall remain
in effect for 90 days. An extension of time for completion of the
work required by this section may be granted in writing by the Building
Official when, in his discretion, circumstances justify such an extension.
When all work is completed and approved to the satisfaction of the
Building Official he shall release any bond or other security furnished
pursuant to this section.
