For the purposes of this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires.
ACCESSORY STRUCTURE. A structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental and subordinate to the use of the principal building or the principal use of the land. All ACCESSORY STRUCTURES shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
APPLICANT. Any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition or renovation project within the city, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this chapter, or the Building Official’s duly authorized representative.
CONSTRUCTION. All building, landscaping, remodeling, including the addition, removal or destruction of buildings and landscaping.
CONSTRUCTION AND DEMOLITION DEBRIS.
(1) Used or commonly discarded materials generally considered to be not water soluble and non-hazardous in nature, including but are not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; or
(2) Remnants of new materials, including but are not limited to, cardboard, paper, plastic, wood and metal scraps from any construction, demolition and/or landscape project.
CONTRACTOR. Any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation or landscaping service relating to buildings or accessory structures in the City of Tulare.
COVERED PROJECT. Projects subject to California Green Building Standards code construction and demolition waste diversion requirements, or any project which consists of one or more of the following:
(1) Demolition projects that are 500 square feet or greater;
(2) Any project involving renovation of a kitchen and/or bath facility irrespective of total square footage or value;
(3) The renovation, remodel or addition to an existing residential structure that is equal to or greater than 500 square feet and/or projects that exceed $20,000;
(3) The renovation, remodel or addition to an existing commercial or multi-family residential structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000;
(4) Residential development and any new residential structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000;
(5) Commercial or multi-family residential development, and any new structure that is equal to or greater than 1,000 square feet and/or projects that exceed $20,000;
(6) All city sponsored construction, demolition and renovation projects that are equal to or greater than 1,000 square feet; and
(7) All city public works and construction projects which are awarded pursuant to the competitive bid procedures.
DECONSTRUCTION. A process to dismantle or remove useable materials from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities.
DEMOLITION. The deconstructing, razing, ruining, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior. DEMOLITION needs to be done by a contractor or owner-builder.
DESIGNATED RECYCLABLE AND REUSABLE MATERIALS.
(1) Inert solids, asphalt and masonry building materials generally used in construction including, but are not limited to, concrete, rock, stone and brick.
(2) Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.
(3) Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. The following materials are excluded as the materials are not recyclable and should be landfilled: bamboo, palm fronds and yucca.
(4) Metals including all metal scrap such as, but are not limited to, pipes, siding, window frames, door frames and fences.
(5) Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing material.
(6) Salvageable materials and structures including, but are not limited to, doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances.
(7) Any other materials that the Building Official determines can be diverted due to the identification of a recycling facility, reuse facility or market accessible from the city.
DIRECTOR OF PUBLIC WORKS. The Public Works Director of the City of Tulare or his or her designee.
DIVERT and DIVERSION. To use material for any lawful purpose other than disposal in a landfill, transformation facility or alternative daily cover. Methods to divert materials from landfills include reuse, salvage and recycling. DIVERSION does not include illegal dumping.
EMERGENCY DEMOLITION. An emergency demolition can be performed only when a facility is determined to be structurally unsound and in danger of imminent collapse and a state or local government agency has issued an immediate demolition order. The order for emergency demolition only applies to the part of the building that is unsound; attached buildings may not be demolished under this order and must be treated as a regular demolition.
FACILITIES. Recycling, salvage and reuse establishments and landfills.
INERT SOLIDS. Includes asphalt, concrete, rock, stone, brick, sand, soil and fines.
NON-COVERED PROJECTS. Construction, demolition and renovation projects within the city that do not meet the established thresholds for covered projects.
OWNER-BUILDER. See CONTRACTOR.
PERMIT. An official document or certificate issued by the Building Official authorizing performance of a specified activity.
PROJECT. Any activity involving construction, demolition or renovation, and which requires issuance of a permit from the City of Tulare.
RECYCLABLES. Materials which would otherwise become solid waste but which are capable of or suitable for recycling.
RECYCLING. The process of collecting, sorting, cleansing, treating and reconstituting or converting construction and demolition debris that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace or in the form of useable energy. RECYCLING does not include transformation.
RECYCLING AND REUSE PLAN. A form provided by the city for the purpose of compliance with this chapter that must be submitted by the applicant for any covered project.
RENOVATION. Any change, addition or modification to an existing structure.
REUSE. Further or repeated use of construction and demolition debris.
SALVAGE. The controlled removal of materials from a covered project for the purpose of recycling, reuse or storage for later reuse.
SOURCE SEPARATED. Recyclables that have been segregated from solid waste by or for the generator thereof on the premises at which they were generated for handling different from that of solid waste.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(Ord. 05-1995, passed 12-20-2005; Ord. 18-05, passed 9-18-2018)