The following sections and subsections of the California Building Code, Chapter 1, Division II, Sections 105 through 113.4 are added and/or amended as follows:
A. CBC Chapter 1, Division II, Section [A]105.2, of the California Building Code entitled "Work exempt from permit" is hereby amended by amending items 2 and 4, and adding a new item 14, to read as follows:
2. Wood, chain-link, plastic, vinyl, metal, or similar fences not over 6 feet in height or masonry, concrete fence not over 3 feet in height measured from the lowest adjacent grade to top of the wall and does not serve as a swimming pool enclosure as required by section 15.06.080 of the Redlands Municipal Code.
4. Retaining walls that are not over 3 feet in height measured from the top of footing unless supporting a surcharge or impounding class I, II or III-A liquids.
14. Flagpole not more than 30 feet in height measured from the lowest adjacent grade the top of the pole on a residential zoned lot.
B. CBC Chapter 1, Division II, Section 105.3.1 entitled "Action on Application", is hereby amended by the addition of two (2) exceptions to read as follows:
Exception 1: A permit shall not be issued for work on property within an area which may be unsafe or for which no public access for such work is provided, or, because of the hazards, there is no way in which the work can be done so that it will be safe;
Exception 2: A permit shall be withheld or denied if the chief building official finds there are existing violations of the provisions of RMC Title 15 or any other provisions found in the Redlands municipal code, on site.
C. CBC Chapter 1, Division II, Section 105.6, entitled "Suspension or Revocation", is hereby amended by the addition of the following two (2) paragraphs to read as follows:
The chief building official may, in writing, suspend or revoke a permit issued under the provisions of this code if dust is generated in excess of local, state, or federal standards, or conditions of project approvals.
Failure to keep the site clear of debris or properly contain asbestos containing materials may cause the permit to be suspended or revoked and the site to be declared a public nuisance and abated as provided for by law.
D. CBC Chapter 1, Division II, Section 107.6, entitled "Demolition and/or Remodeling Permits", is hereby added to read as follows:
The chief building official may require that a detailed schedule be provided to ensure demolition or remodeling work progresses expeditiously and debris is hauled from the site as generated.
E. CBC Chapter 1, Division II Section [A] 109.4 of the California Building Code is amended by the addition of the following sentence:
Prior to the issuance of a permit for the performed work an investigation permit shall be issued, and an inspection performed.
F. CBC Chapter 1, Division II Section [A] 109.4 of the California Building Code amended by adding the following paragraph to the end of the section.
Investigation fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be equal to the minimum fee as defined in Section 109.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
G. CBC Chapter 1, Division II Section [A] 109.6 of the California Building Code is deleted in this entirety and hereby amended by adding the following section:
Fee Refunds. The Chief Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.
The Chief Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no inspections have been performed under a permit issued in accordance with this code.
The Chief Building Official may authorize refunding of not more than 80 percent of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is performed.
The Chief Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 calendar days after the date of fee payment.
H. CBC Chapter 1, Division II Section [A] 109.7 entitled "Re-Inspections" is hereby added to read as follows:
A fee may be assessed in the following scenarios at the fully burdened hourly inspection rate as adopted by fee resolution and shall be paid prior to the re-inspection of the work being scheduled.
1. Re-inspection performed for work that previously received corrections and those corrections were not addressed.
2. Building permit is not posted or otherwise available on the work site.
3. City approved plans are not available for scheduled inspection.
4. Failure to provide inspector access to the work performed on the date for which the inspection was scheduled.
5. Deviation from the City approved plans.
In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
I. CBC Chapter 1, Division II, Section [A] 111.3 entitled "Temporary Occupancy", is hereby deleted in its entirety and rewritten to read as follows:
If the chief building official finds that no substantial hazard will result from occupancy of any building or portions thereof before the same is completed, the chief building official may issue a Temporary Certificate of Occupancy (TCO) for the use of a portion or portions of a building or structure, provided an administrative fee, as established by resolution of the city council, is paid for that temporary certificate of occupancy. Prior to the expiration of the TCO, an inspection shall be performed, and Permanent Certificate of Occupancy issued or the building vacated until all outstanding conditions of approval are completed.
J. CBC Chapter 1, Division II, Section [A] 111.5, entitled "Certificate of occupancy a requirement for issuing a city business license", is hereby added to read as follows:
No license to conduct a business, occupation or profession in a particular building or structure in the city of Redlands shall be issued by the finance director of said city until the building official has certified an appropriate certificate of occupancy for the business occupancy classification has been issued as required by this code.
K. CBC Chapter 1, Division II Section [A] 113.1, entitled "General", is hereby amended to read as follows:
General. In order to hear and decide appeals of orders, decisions or determination made by the Chief Building Official relative to the application and interpretation of this code, the Planning Commission shall serve as the board of appeals. The Chief Building Official, Director of Development Services and the Fire Marshal of the City shall serve in an advisory capacity when requested to do so. Commission members shall disqualify themselves and shall not participate in any decision in which they have a conflict of interest.
L. CBC Chapter 1, Division II Section [A] 113.4 of Chapter 1, Division II entitled "Procedures", is hereby added to read as follows:
Procedures. An application for an appeal shall be based on a claim that the true intent of this code or other rules legally adopted thereunder have been incorrectly interpreted, the provisions do not fully apply or an equally good or better form of construction is proposed. After notice to such parties as the board may direct, a hearing shall be held and the board may affirm or deny the decision of the chief building official. The board's determination shall be in writing to the chief building official with a copy to the appellant. If the appellant disagrees with the decision of the board, he may appeal the decision to the city council. Such appeal shall be filed with the city clerk within fifteen (15) days of the decision by the board.
(Ord. 2950, 2022: Ord. 2901, 2019: Ord. 2816, 2015)