Title 16
BUILDINGS AND CONSTRUCTION1
Chapter:
   16.02   Building Regulations - General Provisions
   16.04   Building Regulations - Definitions
   16.06   Building Regulations - Building Standards
   16.10   Building Regulations - Building Permits
   16.12   Building Regulations - Certificates of Occupancy and Connection Approvals
   16.14   Building Regulations - Inspections, Surveys, and Tests
   16.16   Building Regulations - Enforcement
   16.22   Grading Regulations - General  Provisions
   16.24   Grading Regulations - Definitions
   16.26   Grading Regulations - Standards
   16.28   Grading Regulations - Permits
   16.30   Grading Regulations - Inspections
   16.32   Grading Regulations - Enforcement
   16.34   Floodplain Regulations - General Provisions
   16.35   Floodplain Regulations - Definitions
   16.36   Floodplain Regulations - Floodplain Maps, Records and Reports
   16.37   Floodplain Regulations - Standards
   16.38   Floodplain Regulations - Enforcement
   16.42   Fire Regulations - General Provisions
   16.44   Fire Regulations - Definitions
   16.46   Fire Regulations - Fire Regulation Standards
   16.48   Fire Regulations - Permits
   16.50   Fire Regulations - Inspections
   16.52   Fire Regulations - Enforcement
   16.60   Energy Conservation Measures Required Incident to Transfers of Residential Housing
   16.62   Uniform Housing Code
   16.64   Uniform Code for the Abatement of Dangerous Buildings
   16.66   Tree Preservation Regulations
   16.68   Voluntary Heritage Tree Program
   NOTE:  Footnotes are numbered throughout the text and are located at the end of this title.
Chapter 16.02
BUILDING REGULATIONS - GENERAL PROVISIONS
Section:
16.02.010   Purpose.
16.02.020   Administration of building regulations.
16.02.030   Maintenance of copies of current building standards.
16.02.040   Maintenance of building records.
16.02.050   Manner of serving notices.
16.02.060   Administrative review of determination or action of building official by community development director.
16.02.070   Appeal from decision of community development director.
16.02.080   Administrative review and appeals - Aggrieved person.
16.02.090   Building regulations preempted by state or federal law.
16.02.010   Purpose.
   The purpose of the building regulations adopted by this title is to safeguard life, health, and safety by regulating the following:
   A.   The design, construction, type of materials, use, occupancy, and maintenance of all buildings and structures within the city;
   B.   The design, location, construction, installation, type of materials, use, operation, and maintenance of all building service equipment within the city, including all electrical equipment, mechanical equipment, and plumbing equipment; and
   C.   The design, location, construction, installation, type of materials, and maintenance of all signs within the city.
(Ord. 1646 §1 (part))
16.02.020   Administration of building regulations.
   The building official shall be primarily responsible for administration of the building regulations adopted by this title, subject to the overall direction and control of the director.  In carrying out such responsibility the duties of the building official shall include but not be limited to the application of the building standards adopted by Chapter 16.06 of this title, issuance of the building permits required by Chapter 16.10 of this title, issuance of the certificates of occupancy and connection approvals required by Chapter 16.12 of this title, conduct of the inspections, test and surveys required by Chapter 16.14 of this title, and undertaking the enforcement actions provided for in Chapter 16.16 of this title.  The fire chief shall assist the building official in administering the building regulations adopted by this title when specially required by such regulations.
(Ord. 1646 §1 (part), Ord. 2012 §3 (part), Ord. 2364 §316)
16.02.030   Maintenance of copies of current building standards.
   The building official shall make available in the offices of the building division, for review by the general public, at least one copy of all uniform codes or state building standards adopted by Chapter 16.06 of this title, as well as any other state regulations relating to buildings or structures, building service equipment or signs published in Titles 8, 19, 20, 24, and 25 of the California Code of Regulations.
(Ord. 1646 §1 (part), Ord. 2113 §2)
16.02.040   Maintenance of building records.
   A.   The building official shall maintain an official copy, which may be on microfilm or another type of photographic copy, of the approved plans and specifications for every building or structure for which a permit has been issued pursuant to Chapter 16.10 of this title throughout the life of such building or structure; except that the building official need not maintain copies of approved plans and specifications for the following buildings or structures:
      1.   Single or multiple family dwellings not more than two stories and a basement in height;
      2.   Garages and other structures appurtenant to single or multiple family dwellings;
      3.   Farm or ranch buildings; and
      4.   Any one story building, other than steel frame or concrete buildings where the span between framed walls does not exceed 25 feet.
   B.   The official copy of all approved plans and specifications maintained by the building official pursuant to the provisions of this section, other than plans and specifications for banks, other financial institutions, or public utilities, shall be public records and open for inspection at the office of the building official.  Provided that official copies of approved plans and specifications may not be duplicated, in whole or in part, except with the written permission of the certified, licensed, or registered professional or a successor, if any, who signed the original plans and specifications and a written permission of the owner of such building, or by order of a proper court.
(Ord. 1646 §1 (part), Ord. 2268)
16.02.050   Manner of serving notices.
   Any notice required to be served on a person pursuant to the provisions of building regulations adopted by this title shall be deemed served when made in writing and either personally delivered to such person or deposited in the U.S. mail, registered and postage prepaid, addressed to such person’s last known address.  However, when a notice is required to be served on the owner of any premises on which a building or structure, building service equipment or sign is located, such notice may be served by depositing a copy of same in the U.S. mail, registered and postage prepaid, addressed to the owner of the premises at the owner’s address as it appears on the last equalized assessment roll of the County of Butte. Service of a notice by mail in the manner provided by this section shall be effective on the date of mailing and the failure of any person to receive such notice shall not affect the validity of the notice.
(Ord. 1646 §1 (part), Ord. 2268)
16.02.060   Administrative review of determination or action of building official by director.
   A.   Right to Administrative Review.  Any person aggrieved by a determination made or action taken by the building official under the building regulations adopted by this chapter, may apply to the director for administrative review of such determination or action.
   B.   Applications for Administrative Review.  Applications for the administrative review of a determination made or action taken by a building official shall be in writing and shall be filed in the office of the director no later than 15 days following the date such determination or action was made or taken, or where a written notice of such determination or action is required to be served, the date such notice is served, provided that the director may extend the time for filing an application for good cause shown.  In addition to setting forth a request for administrative review of a determination made or action taken by the building official, such application shall contain a brief statement of the reasons why the applicant believes that such determination or action does not comply with the building regulations adopted by this title and the relief requested by the applicant from such determination or action.
   C.   Decision on Application for Administrative Review.  Upon the filing of an application for administrative review of a determination made or action taken by the building official, the director shall consider the application and render a decision either affirming the determination or action of the building official or reversing or modifying such determination or action.  Prior to rendering a decision, the director may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision, provided notice of the date, time, and place of such hearing is served a reasonable time prior to such hearing on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision.  After rendering a decision the director shall promptly inform the building official of the decision and cause a notice of the decision to be served on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision.
   D.   Stay of Determination Made or Action Taken by Building Official Pending Administrative Review.  Any determination made or action taken by the building official, save and except for an order revoking a permit, an order to stop work on a building or structure, building service equipment or sign, an order to vacate a building or structure, or an order to disconnect building service equipment which is made by the building official pursuant to Chapter 16.16 of this title, shall be stayed pending a decision of the director on an application for administrative review of such determination or action.
(Ord. 1646 §1 (part), Ord. 2012 §3 (part), Ord. 2268, Ord. 2364 §317)
16.02.070   Appeal from decision of director.
   A.   Right to Appeal.  Any person aggrieved by a decision of the director following the filing of an application for the administrative review of a determination made or action taken by the building official, may appeal such decision to the city council within the time and in the manner provided for by Title 2 of this code, provided that any person aggrieved by a decision of the director which relates to handicapped access requirements, shall appeal such decision to the handicapped appeals board, if a handicapped appeals board has been established by the provisions of this code.
   B.   Stay of Decision of Director Pending Appeal.  Any decision of the director on an application for administrative review of a determination made or action taken by the building official, save and except for a decision affirming or modifying an order revoking a permit, an order to vacate a building or structure, building service equipment or sign, or an order to disconnect building service equipment which was made by the building official pursuant to Chapter 16.16 of this title, shall be stayed pending a decision of the city council on such appeal.
(Ord. 1646 §1 (part), Ord. 2004 §20, Ord. 2012 §3 (part), Ord. 2364 §318)
16.02.080   Administrative review and appeals - Aggrieved person.
   A person shall be deemed “aggrieved” for purposes of the administrative review of a determination made or action taken by the building official and for purposes of the appeal of a decision of the director following the filing of such application for administrative review, if such determination, action or decision has a significantly greater effect on such person than on the public in general.
(Ord. 1646 §1 (part), Ord. 2012 §3 (part), Ord. 2364 §319)
16.02.090   Building regulations preempted by state or federal law.
   The building regulations adopted by this title shall not apply to nor govern any building or structure, building service equipment, or sign where the local regulation of such building or structure, building service equipment, or sign is preempted by any federal or state law. Provided, however, that the purpose of this section is merely to confirm existing law and is not intended to grant an exemption or exclusion from compliance with the city's building regulations in any instances where the city may exercise jurisdiction under the laws of the federal and state government as well as the city Charter and this code.
(Ord. 1646 §1 (part))