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Section 113 Board of Appeals of the 2022 California Building Code is amended by adding new paragraphs to Section 113 Board of Appeals to read in as follows:
A. A person may appeal an order, decision or determination made by the Building Official that relates to the application or interpretation of this chapter by filing a written appeal to the Building Construction Advisory Board of Appeals within 30 days of the Building Official's decision.
B. This section establishes a Building Construction Advisory Board of Appeals (BCA Board) consisting of five members. The Building Industry Association of Riverside County shall appoint one member and one alternate, the President of the Citrus Belt Chapter of the International Code Council shall appoint two members and one alternate, one member will be a California licensed architect, civil engineer, or structural engineer, and the Director of the City of Murrieta Development Services Department shall appoint one member with one alternate. Three members shall constitute a quorum for the transaction of business and three affirmative votes shall be necessary to render a decision. The City of Murrieta Development Services Department appointee shall act as the secretary of the BCA Board. The BCA Board shall adopt reasonable rules and regulations for conducting its review and shall render decisions and findings in writing to the Director of Development Services, with a copy to the appellant. The BCA Board shall make a recommendation to the Director of Development Services, advising whether the decision appealed should be upheld or modified. The Director of Development Services shall consider the BCA Board's recommendation and provide a final decision in writing to the appellant, within 15 days of receipt of the BCA Board's recommendation.
C. A person appealing to the Building Construction Advisory Board of Appeals shall pay an appeal fee pursuant to the fee schedule approved by the City Council.
(Ord. 583 § 3, 2022; Ord. 552-19 § 4, 2019)
Section 105.1 of the California Building Code is amended to read as follows:
A. Required: Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
B. Upon issuance of a grading or building permit for construction projects of one acre or greater, the applicant will be made aware of the requirements of the State of California's "National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities" commonly called an "NPDES Construction Permit." The City may require proof of the issuance of an NPDES Construction Permit at any time during the term of the grading or building permit.
(Ord. 552-19 § 5, 2019)
Section 105.5 of the California Building Code is amended to read as follows:
A. Expiration: Every permit issued by the Building Official under the provisions of this title shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one year from the date of permit issuance, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be commenced or recommenced, a permit shall first be reissued, extended, or renewed by the Building Official. For the purpose of this section, if an inspection approval is not recorded documenting substantial progress, the work authorized by the permit is deemed not commenced or recommenced.
B. Building must cease when a permit is expired: When a permit expires under this section, no building or work shall be done unless the permittee obtains a new permit, an extension, or a renewal permit or is otherwise authorized by the Building Official.
C. Requesting extension of an unexpired permit: Any permittee holding an unexpired permit may apply for an extension of time within which the permittee may commence work under that permit when he is unable to commence or recommence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one year upon written request by the permittee. Subject to approval of the Building Official, permits extended in this manner shall not require additional permit fees and shall not be subject to new regulations adopted after issuance of the permit.
D. Requesting renewal of an expired permit: Any permittee holding an expired permit may apply for a renewal of the permit. An application for renewal of an expired permit shall include a written request by the permittee explaining why the permit was allowed to expire and including a schedule committing to substantial progress and completion of the renewed permit. Renewal of expired permits shall be subject to approval of the Building Official. Permit renewal fees shall be in accordance with the fees established by the City Council. In determining the renewal fee, the Building Official shall consider the overall project scope, the actual amount of construction work completed and approved, and the plan review and inspection time required for project completion. Each renewal shall extend the expiration date for a period of one year.
E. Subsequent requests for permit extensions or renewals: Requests for permit extensions or renewals beyond the initial one-year period shall be granted solely at the discretion of the Building Official.
(Ord. 552-19 § 6, 2019)
Section 114.1 of the California Building Code is amended to read as follows:
It shall be unlawful for any person to use any property or erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, equip, use, occupy or maintain any building or structure, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter.
(Ord. 552-19 § 7, 2019)
Section 114.2 of the California Building Code is amended to read as follows:
A. Notice of Violation: The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
B. Paying a fine or serving a jail sentence shall not relieve any person from the responsibility for correcting any condition which constitutes a violation of this title. A property owner shall be considered to have allowed any use or improvement of property occupied by, or under the dominion and control of the owner and the owner shall be responsible for the discontinuance and removal of any violation of this title. The responsibility under this section shall include property leased to another person. A property owner shall also be responsible for the discontinuing and removing any violation of this title that existed on the property at the time the current owner purchased the property.
(Ord. 552-19 § 8, 2019)