The 2019 California Building Code (CBC), Volume 1 and 2, are amended by the changes, additions, and deletions set forth in this chapter. Section numbers used below are those of the 2019 California Building Code.
(a) CBC Volume 1, Chapter 1 – Scope and Administration, Division II-Administration, is amended as follows:
(1) Section 101.1 Title is amended in its entirety to read as follows:
Section 101.1 Title. These regulations shall be known as the Building Code of Yolo County, herein after referred to as “this code.”
(2) Section 104.8 Liability is amended to add subsection 104.8.2-Liability of County:
Section 104.8.2 Liability of County. This title shall not be construed to impose on the County any liability or responsibility for damage resulting from defective building, plumbing, mechanical or electrical work; nor shall the County, or any official or employee of the county, be held to assume this liability or responsibility because of the inspection authorized under this title. The issuance of a building permit under this title shall not be construed as a determination by the County that the permittee has legally sufficient proprietary rights to perform the work on the property for which the permit has been issued nor shall it be construed as permission or license to enter on, occupy or otherwise utilize private or non-County property without the express consent of the owner or agent in possession thereof.
(3) Section 105.2-Work exempt from permit is amended to include subsections 105.2(14)- and 105.2(15)-Permit Exempt Agricultural Buildings.
Section 105.2(14). Residential Decks, Decks for Group R-3 occupancies and Group U occupancies accessory to R-3 occupancies, not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by California Residential Code (CRC) section R311.2–Egress door.
Section 105.2(15). Permit Exempt Agricultural Buildings. An agricultural building that the Chief Building Official determines satisfies the conditions set forth in Appendix C-Group U Agricultural Buildings subsection C105-Permit Exempt Agricultural Buildings as provided in YCC Section 7-1.04(b). An application for exemption shall be filed in accordance with subsection C105.1-Application for exemption.
(4) Section 105.5-Expiration is amended in its entirety to read as follows:
Section 105.5 Expiration. Every permit issued by the Chief Building Official under the provisions of this code shall expire by limitation and become null and void if the building, structure, equipment or work authorized by such permit is not commenced within 12 months from the date of such permit, or if the building, structure, equipment or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Once a permit expires, before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work as set forth in the current fee schedule as adopted by the Board of Supervisors, provided no changes have been made or will be made to the original plans or specifications for such work, and provided further that such suspension or abandonment has not exceeded one year.
Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time frame required by this section for good and satisfactory reasons. The Chief Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing with justifiable cause demonstrated and accompanied by an extension request review fee, as required by the current fee schedule as adopted by the Board of Supervisors.
(5) Section 109.2-Schedule of permit fees is amended in its entirety to read as follows:
Section 109.2 Schedule of permit fees. 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 current fee schedule as adopted by the Board of Supervisors.
The Yolo County Board of Supervisors is hereby authorized to set and amend all fees prescribed by this Code. Said fees may be adjusted periodically by the Board of Supervisors to ensure the full recovery of County costs relating to building permits and inspections.
Permit fees and any required plan checks are based upon the value of the project. Electrical, plumbing and mechanical fees are based on a percentage of the building permit fee. The determination of value or valuation shall be made by the Chief Building Official. The Chief Building Official shall maintain the current fee schedule, and shall make it available for public review upon request.
(6) Section 109.4-Work commencing before permit issuance is amended to include subsection 109.4.1-Investigation, investigation fees, work without a permit:
Section 109.4.1 Investigation, investigation fees, and work without a permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. An investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the current fee schedule as adopted by the Board of Supervisors. 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.
(7) Section 109.6-Refunds is amended in its entirety to read as follows:
Section 109.6 Refunds. The Building Official may authorize the refunding of not more than 80% of the permit fees paid when no work has commenced under a permit in accordance with this code or when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
(8) Section 109-Fees is amended to include Subsection 109.7-Re-inspections and Section 109.8-Plan review fees:
Section 109.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is scheduled and is not complete or when corrections called for previously are not complete.
This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
To obtain a re-inspection, the applicant shall call and schedule a re-inspection and pay the re-inspection fee set forth in the current fee schedule as adopted by the Board of Supervisors.
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.
Section 109.8 Plan review fees. When submittal documents are required, a plan review fee shall be paid at the time of submittal for plan review. Said plan review fee shall be a percent of the building permit fee as shown in the current fee schedule as adopted by the Board of Supervisors.
The plan review fees specified in this section are separate fees from the permit fees specified in the current fee schedule as adopted by the Board of Supervisors and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1 – Deferred submittals, an additional plan review fee shall be charged at the rate shown in the current fee schedule as adopted by the Board of Supervisors.
(9) Section 111-Certificate of occupancy is amended to include subsection 111.5-Occupancy violations:
Section 111.5 Occupancy violations. Whenever any building or residential dwelling or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may order such use discontinued and the structure, building or equipment, or portion thereof vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Chief Building Official after receipt of such notice to make the structure, building or equipment, or portion thereof, comply with the requirements of this code.
(10) Section 113-Board of appeals is amended for existing sections 113.1-General, 113.2-Limitations on authority and 113.3-Qualifications; and to include the following new sections: Section 113.4-Right to Appeal, Section 113.4.1-Appeal Hearing, Section 113.4.2-Appeal, Section 113.4.3-Extension of time to perform work, and Section 113.4.4-Alternative enforcement:
Section 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals known as the Planning Commission. The Planning Commission shall be appointed by the applicable governing authority and shall hold office at its pleasure. The Planning Commission shall adopt rules of procedure for conducting its business.
Section 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 thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Planning Commission shall have no authority to waive requirements of this code.
Section 113.3 Qualifications. The Planning Commission 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.
Section 113.4 Right to appeal. Statements advising;
(1) That any person having any record title or legal interest in the building, structure or real property, may appeal orders, decisions or determinations made by the Chief Building Official or Fire Code Official relative to the application and interpretation of the regulations adopted in this chapter to the Planning Commission, provided the appeal is made in writing and filed with the Chief Building Official within 30 days from the date of service of such notice and order or any action, and;
(2) That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
Section 113.4.1 Appeal hearing. Upon receipt of a request for appeal, as set forth in Section 113.4-Right to appeal, the Chief Building Official shall set a time and date for the hearing and notify the person requesting the hearing of the time, date and place.
(1) The hearing shall be held before the Planning Commission.
(2) At the time of the hearing, the Planning Commission shall receive testimony and evidence.
(3) The proceedings at the hearing shall be recorded as a part of the Planning Commission meeting;
(4) The Planning Commission or designated representative may inspect the premises involved in the hearing prior to, during or after the hearing, provided that;
(a) If required by state or federal law, the hearing officer obtains the appropriate inspection warrant pursuant to Code of Civil Procedure Section 1822.51, et seq. or obtains the consent of the owner or occupant of the premises;
(b) The parties are given an opportunity to be present during the inspection; and
(c) The Planning Commission or designated representative shall state for the record during hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.
(5) After the hearing, the Planning Commission shall render a decision, in writing, upholding or denying the determination of an appeal; the written decision shall contain a deadline for any abatement, compliance or correction required by the decision. The notice of decision shall be served on the person requesting the hearing by certified mail.
Section 113.4.2 Appeal. Any person entitled to a hearing under Section 113.4.1-Appeal hearing or the Director of the Department of Community Services, may appeal the decision of the Planning Commission to the Board of Supervisors.
(a) A failure to appeal shall be deemed a waiver of the right to appeal.
(b) Notice of appeal must be in writing and filed with the Clerk of the Board within 15 days after the decision is rendered by the Planning Commission.
(c) Upon receipt of the notice of appeal, a hearing will be set before the Board of Supervisors and the appellant notified in writing of the time and date for hearing. This notice shall be sent to the appellant by certified mail, to the address given in the notice of appeal and the address of record if different.
(d) The Director of the Department of Community Services or designated agent shall be notified of the appeal and shall then transmit the records on the matter to the Board of Supervisors.
(e) The Board of Supervisors may affirm, reverse or modify the decision of the Planning Commission. If the decision is affirmed or affirmed and modified, the period for said repair, rehabilitation, abatement, correction or demolition, as set forth in the decision of the Planning Commission, shall start as of the date of the board action.
(f) Any owner or occupier of premises having objection to the decision of the Board must bring an action, in a court of competent jurisdiction, within 30 days after the action by the Board, otherwise, all objections will be deemed waived.
(g) Any appeal to the Board of Supervisors shall be accompanied by a filing fee in the amount which is necessary to recover the costs of processing the appeal. Such fee shall be established by resolution of the Board of Supervisors.
Section 113.4.3 Extension of time to perform work. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation, abatement, demolition or correction, if the Chief Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Chief Building Official’s authority to extend time is limited to the physical repair, rehabilitation, demolition or correction of the premises and will not in any way affect the time to appeal the notice and order.
Section 113.4.4 Alternative enforcement. Nothing in this chapter shall be deemed to prevent the County Counsel or District Attorney from commencing with any other available civil or criminal proceedings to abate a real property condition, building, structure under applicable provision of state law as an alternative to the proceedings set forth in this chapter.
(11) Section 115.3-Unlawful continuance is amended as follows:
Section 115.3-Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not more than what is prescribed in Yolo County Code Title 1, Chapter 2 – Penalty Provisions Section 1-2.01. – Violations a misdemeanor.
(b) CBC Volume 2, Appendix C - Group U – Agricultural Buildings is amended to include subsection C105-Permit Exempt Agricultural Building, and subsection C105.1- Application for Permit Exempt Agricultural Building:
Section C105 Permit Exempt Agricultural Buildings. A building permit shall not be required for an agricultural building that satisfies all of the following conditions:
(1) The proposed building is an agricultural building as defined in the California Building Code Section 202-Definitions, which provides as follows:
Agricultural Building – a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.
(2) The Director of the Department of Community Services or designee determines that the proposed building is located in an A-N or A-X Zone and its use and location comply with all the regulations of Chapter 2 Title 8 of the Yolo County Code-Zoning including but not limited to, the provisions for setbacks, site plan approvals, and also comply with all other applicable state and federal laws.
(3) The proposed building is designed and constructed in accordance with the standards of Title 7 of the Yolo County Code-Building Regulations. Maximum building areas and heights shall be in accordance with California Building Code Appendix C, Section C102. The building shall be designed and constructed to meet the structural requirements for conventional light-frame construction, or be constructed in accordance with plans that are designed and stamped by a California licensed engineer or architect.
In the event that the Chief Building Official determines that a change of occupancy has occurred, then the owner must obtain a building permit for the new occupancy.
(4) All plumbing and/or electrical work will be under a separate permit. No water or electricity shall be provided to the interior of the proposed building other than electricity for lighting and ventilation, water for livestock, and such other limited purposes as are reasonably necessary for the permitted uses of the building.
(5) No mechanical permit shall be allowed within an exempt agricultural building.
(6) The Fire Code Official has determined in writing that the proposed building complies with the provisions of the California Fire Code (CFC), as adopted by the County, including but not limited to, those concerning fire department access and water supply, and that the location of the proposed building as set forth in the site plan complies with any reasonable conditions required to attain compliance, including, but not limited to, reasonable conditions imposed because of limitations in water supply. Determinations by the fire code official or designee shall be subject to review by the Chief Building Official and appealable to the Planning Commission as provided by CBC Section 113-Board of Appeals, as adopted by the Board.
(7) In flood zones A, AE, AH, and AO, the Director of the Department of Community Services or designee determines that the building does not have two or more rigid walls, does not require an elevation certificate, and the proposed building complies with the provisions of Chapter 4 of Title 8 of this Code – Flood Protection.
(8) The Director of Department of Community Services or designee has determined that the proposed building complies with all laws enforced by the Department including but not limited to, the provisions of Title 6 of this Code-Sanitation and Health, which concern sanitation, health and water quality.
(9) The proposed building shall be no closer than 60 feet from the boundary of a parcel of land that is not zoned for agricultural uses. Fire separation distance shall be provided so that no fire-resistance rated construction is required by California Building Code Section 602.
Section C105.1 Application for Permit Exempt Agricultural Building. In order to document code compliance of a Permit Exempt Agricultural Building meeting the requirements of Section C105, the property owner must comply with the following:
(1) The property owner or authorized agent files a written application with the Chief Building Official;
(2) The application is accompanied by a scaled plot plan indicating the proposed building(s) and all existing buildings on the subject parcel showing the size and location of each on the property, and also showing all property lines, wells, septic systems, easements; power and telephone equipment, fuel storage tanks, drainage, private drives, access to public roads, and any features contributing to the risk or spread of fire; and
(3) The application shall be accompanied by the written agreement of the owner,
(A) Agreeing to use the building only as an agricultural building as defined in Section C105-Permit Exempt Agricultural Building,
(B) Agreeing to construct the building in accordance with the standards prescribed by Chapter 1 of Title 7-Building Codes of the Yolo County Code,
(C) Acknowledging that the exemption from the building permit requirement exists only so long as the proposed building is used as an agricultural building,
(D) Agreeing that a full fee building permit application, plan check, review and inspection process conducted by the County will be required if the proposed building is used for any purpose not included within the definition of an agricultural building as set forth above,
(E) Agreeing to indemnify the County and its officers, employees, and agents from any loss arising from granting the exemption from the building permit requirement, and
(F) Agreeing to bind successors in interest.
(§ 2, Ord. 1521, eff. June 18, 2020)