§ 19.02.020. Modifications of chapter 1 division II of the CBC and CRC.

(a)

Amend Division II, Scope and Administration Section 103.1 to read as follows: Creation of enforcement agency. The building division of the department of planning and building is hereby created and the official in charge thereof shall be known as the chief building official.

(b)

Amend Division II, Scope and Administration Section 105.1 to read as follows:

105.1 Required. Any owner or 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 done, shall first make application to the building official and obtain the required permit.

(c)

Amend Division II, Scope and Administration Section 105.1.1 to read as follows:

105.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefore to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit.

(d)

Amend Division II, Scope and Administration Section 105.1.2 to read as follows:

105.1.2 Annual Permit Records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. A fee specified in the county fee schedule shall be paid for each annual permit at the time such permit is issued. In addition, real time billing plan check and inspection fees shall be paid for all work installed under such a permit, at the time the work is inspected.

(e)

Amend Division II, Scope and Administration Section 105.2 to read as follows:

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

(f)

Permits shall not be required for the following:

Building:

1.

One story detached residential accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. (11m )

2.

Open wire fences not over 8 feet high in the agriculture or rural lands land use categories, and solid fences not exceeding 6'-6" in height in all land use categories.

3.

Oil derricks.

4.

Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge, impounding Class I, II, IIIA liquids, or located within 3 feet of a property line and retaining soil more than 2 feet in height.

5.

Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or width does not exceed 2:1. (Water tanks in high or very high fire zones shall be galvanized steel. Daisy chaining of tanks is not allowed for fire sprinkler water storage.)

6.

Sidewalks and driveways not more than 30 inches (762) above adjacent grade (unless subject to permit by 4. above), and not over any basement or story below and area not part of an exit/accessible route.

7.

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8.

Temporary motion picture, television and theater stage sets and scenery.

9.

Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24" deep, do not exceed 5,000 gallons (18925L) and installed entirely above ground.

10.

Shade cloth structures constructed for nursery or agricultural purposes, not including plumbing, electrical or mechanical systems.

11.

Readily removable plastic covered hoop structures without in ground footings or foundations, that are not more than 12 feet in height. Structures accessory to residential uses shall not exceed 120 square feet.

12.

Swings and other playground equipment accessory to detached one and two-family dwellings.

13.

Window awnings supported by an exterior wall that do not project more than 54 inches (1,372mm) from the exterior wall and do not require additional support of Group R-3 and U occupancies.

14.

Non-fixed and movable fixtures, cases racks, counters and partitions not over 5 feet 9 inches (1,753) in height.

15.

Decks, accessory to a single family dwelling, not exceeding 300 square feet (27.87m ) in area, that are not more than 30 inches (762 mm) above grade at any point, and not attached to a dwelling and do not serve the exit door required by Section R311.4.

16.

Replacement residential windows that do not remove the frame of the window, meet the current energy code min U-value and the current code requirements for safety glazing in hazardous locations per CRC R308. If the house was built per WUI codes (2008) then the replacement windows must meet WUI requirements (one pane tempered).

17.

Replacement asphalt shingle roofs where all the old roofing is removed and Class A asphalt shingle meeting CEC Cool Roof requirements are installed.

18.

Detached one story shade covers for animals when the covers are not over 12 feet in height above grade, not more than 1,000 square feet of roof area, and open on two or more sides.

19.

AG-exempt structure. Agricultural accessory buildings that meet all of the following criteria:

20.

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.

a.

Within an agriculture or rural lands land use category, the building is located outside of urban or village reserve lines as delineated by Titles 22 or 23 of the San Luis Obispo County Code;

b.

The property size is 20 acres or more;

c.

The building is located in excess of 100 feet from any adjacent property or public road;

d.

The building is located 50 feet from other structures including other AG-exempt structures;

e.

The floor area does not exceed 3,000 square feet and building height does not exceed one story including storage loft/mezzanine (⅓ of the ground floor area) open to floor below;

f.

There is an apparent existing agricultural use of the property; and

g.

The building is not located within an Airport Review, Flood Hazard or Sensitive Resource Area combining designation as defined in the land use element of the San Luis Obispo County General Plan.

h.

Complies with all applicable regulations in this code and Titles 22 and 23;

i.

Plumbing fixtures shall not be installed other than hose bibbs, wash sinks, or lavatories installed with a separate permit;

j.

Building cannot have architectural features such as French doors that can make it readily habitable. Other types of sliding doors or other features commonly found in barns are permitted;

k.

Building cannot have insulation, heating, and/or cooling system, unless necessary for storage of certain farm products;

l.

The interior finishes shall be consistent for use as a barn and farm product storage area;

m.

Building may not contain cabinetry and/or built-in shelving beyond those necessary for use as a barn and farm product storage area.

n.

Building may only have lighting and electrical wiring to the extent necessary to house farm implements, equipment, hay, grain, poultry, livestock, or horticultural products installed with a separate permit.

o.

Buildings cannot be used to store hazardous materials subject to the limitation provided for in other codes including but not limited to the California Fire Code and California Building Codes; and

p.

On a case-by-case basis, the chief building official may permit exterior shower heads for the purposes of emergency rinsing only.

21.

Temporary buildings or structures used in connection with fairs, carnivals, celebrations and similar affairs not to exceed 30 days duration; except grandstands, platforms, or scaffolds over 30 inches in greatest height designed or intended for occupancy by more than two persons.

Electrical:

1.

Repair and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installation of towers and antennas.

3.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

4.

Listed cord-and-plug connected temporary decorative lighting.

5.

Reinstallation of attachment plug receptacles but not the outlets therefore.

6.

Replacement of branch circuit overcurrent protection devices of the same capacity and location.

7.

Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

Gas:

1.

Portable heating appliance.

2.

Replacement of any minor part that does not alter the product listing or render the equipment unsafe.

3.

Portable-fuel-cell appliances not connected to a fixed piping system and not interconnected to a power grid.

Mechanical:

1.

Portable heating appliance

2.

Portable ventilation equipment.

3.

Portable cooling unit.

4.

Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5.

Replacement of any minor part that does not alter the product listing or render the equipment unsafe.

6.

Portable evaporative cooler.

7.

Self-contained refrigeration system containing 10 pounds (5kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

Plumbing:

1.

The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

(g)

Amend Division II, Scope and Administration Section 105.2.1 to read as follows:

105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

(h)

Amend Division II, Scope and Administration Section 105.2.2 to read as follows:

105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

(i)

Amend Division II, Scope and Administration Section 105.2.3 to read as follows:

Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

(j)

Amend Division II, Scope and Administration Section 105.3 to read as follows:

105.3 Application for Permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:

(1)

Identify and describe the work to be covered by the permit for which application is made.

(2)

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. Provide legible vicinity map.

(3)

Indicate the use and occupancy for which the proposed work is intended.

(4)

Show all structures on the lot and their associated construction permit numbers.

(5)

Be accompanied by construction documents and other information as required in Section CRC-R106 or CBC-107.

(6)

State the valuation of the proposed work. It shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.

(7)

Be signed by the applicant, or the applicant's authorized agent with proof of ownership. Agents shall present evidence that they are authorized to act as agent for the owner. Tenants submitting construction permit applications shall submit proof that the landowner authorizes the improvements.

(8)

Give such other data and information as required by the building official.

(9)

Provide water supply information. Prior to intake, building permit applications shall include verification of an available potable water supply pursuant to Section 19.07.041 of the San Luis Obispo County Code.

(10)

Health Department approval. Where a permit is requested pursuant to this title to construct, convert, alter or remodel an eating or drinking establishment, bakery, commissary, food establishment open to the outside air, retail dairy, roadside stand, retail food production and marketing establishment, public swimming pool, organized camp or public water supply system, the filing and processing of permit applications and plans shall occur as set forth in Chapter 8.06 of the San Luis Obispo County Code.

(11)

Land Use Permit required. Where a discretionary land use or subdivision permit is required for a project by Title 22 or Title 23 of the San Luis Obispo County Code, no construction permit application for such project shall be submitted until all required land use or subdivision permits have been approved.

Exception: When approved by the chief building official—the required land use or subdivision permits have been applied for and accepted as complete and a concurrent processing form has been signed and submitted by the applicant.

(k)

Amend Division II, Scope and Administration Section 105.3.1 to read as follows:

105.3.1 Action on Application. The building official shall examine or cause to be examined applications for permits and amendments hereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reason therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

(l)

No construction permit shall be issued unless the building official first finds that the proposed land use, site work and construction:

(1)

Comply with all applicable provisions of this title; and

(2)

Comply with all applicable provisions of the Land Use Ordinance and Coastal Zone Land Use Ordinance (Titles 22 and 23 of the San Luis Obispo County Code, respectively), including but not limited to Sections 22.01.020, 22.01.060 and 22.01.070 and 23.01.031, Chapter 22.52 and Chapter 23.05; and

(3)

Are proposed on a legal lot of record, pursuant to the definition of "parcel" contained in the Land Use Ordinance, Title 22 of the San Luis Obispo County Code or, where applicable, the Coastal Zone Land Use Ordinance, Title 23 of the San Luis Obispo County Code; and

(4)

Are proposed on a site that has been determined by the director of planning and building to have legal physical access to a public road as required by Land Use Ordinance or, where applicable, Coastal Zone Land Use Ordinance;

(5)

Are consistent with any limitations on building site locations shown or described on a final or parcel map or an informational sheet recorded with such map; and

(6)

Are consistent with the details of the project described in any negative declaration issued for the subdivision which created the subject parcel, or any mitigation measures adopted as part of a certified environmental impact report for the project.

(m)

Amend Division II, Scope and Administration Section 105.3.2 to read as follows:

105.3.2 Time limitation of construction permit application. An application for a construction permit for any proposed work has 360 days after the date of filing for the application to be issued as a permit. The building official is authorized to grant an extension for an additional period not exceeding 180 days. This can be done a maximum of seven times. Each 180 day time extension shall be requested in writing and justifiable cause demonstrated. If a delay in issuing the permit has been caused by a public agency having jurisdiction over the permit, the building official may grant an additional extension not exceeding the length of that delay. Regardless of the above, if new state building standards (CCR Title 24) become effective after the application date, then after two extensions or 360 days, the application shall expire. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(n)

Amend Division II, Scope and Administration Section 105.3.3 to read as follows:

105.3.3 Expiration of as-built construction permit application. If a permit application is for work that was started and/or completed prior to the issuance of the permit (also known as as-built), the application shall be valid for a time period of 90 days from the date of application. Failure to issue a permit from the application within this time period will cause the application to be expired and referred to code enforcement. No extensions are allowed without express permission from the building official. Payment plans for required fees may be requested in writing by the applicant and may be authorized by the Building Official for due cause.

(o)

Amend Division II, Scope and Administration Section 105.4 to read as follows:

105.4 Validity of issued construction permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.

(p)

Amend Division II, Scope and Administration Section 105.5 to read as follows:

105.5 Expiration of issued construction permit. Every permit issued shall become invalid as follows:

(1)

Permits for buildings with a floor area of 1,000 square feet or greater shall remain valid for a time period of three years from the date of issuance.

(2)

Permits for buildings with a floor area of less than 1,000 square feet or for other miscellaneous work shall remain valid for a time period of one year from date of issuance.

(3)

Permits for work that was started and/or completed prior to issuance of the permit (also known as as-built) shall be valid for a time period of 90 days from the date of issuance.

(q)

Amend Division II, Scope and Administration Section 105.5.1 to read as follows:

105.5.1 Request for extension of issued construction permit. The building official may extend the time for completion of the work authorized by a valid permit upon a written request and the payment of a permit extension fee. The time extension shall be for a period of one year. The fee for a permit time extension shall be one-third of the original inspection fee, but not less than two hundred dollars. A maximum of two one year time extensions shall be granted. Further time extensions are to be determined by building official special request and will cost one half the inspection fee, but not less than two hundred dollars.

(r)

Amend Division II, Scope and Administration Section 105.5.2 to read as follows:

105.5.2 Request for As-Built construction permit extension. Time extension for an as-built permit may only be authorized by the building official for due cause. Expired as built permits are immediately referred to Code Enforcement. The same extension fees in 105.5.1 shall apply.

(s)

Amend Division II, Scope and Administration Section 105.5.3 to read as follows:

105.5.3 Request for 30 day extension to finalize issued construction permit. A permit may be extended an additional 30 days from the expiration date if the only inspection remaining is the final inspection and not more than 30 days have passed from the date of expiration. An extension fee of two hundred dollars ($200.00) must be paid. All conditions prior to final must be met and the final inspection passed within 30 days. A maximum of two extensions may be granted. As-built permits are not eligible for this without a written request to the building official.

(t)

Amend Division II, Scope and Administration Section 105.5.4 to read as follows:

105.5.4 Renewal after issued construction permit expiration. When a permit has expired pursuant to Section 105.5, a replacement permit shall be obtained before work is resumed. Provided that no work has started, no changes have been made in the original approved plans/specifications and that the replacement permit is obtained before one year of the date of expiration of the original permit or before the fee schedule and the codes change. The fee for the replacement permit shall be one-half of the inspections fee, but no less than $200.00. For work where some inspections have been made, the building official shall determine the fee based on the amount of work remaining to be completed. In order to renew action on an expired permit when the fee schedule and the codes have changed, the applicant shall pay a full plan check and inspection fees for the replacement permit based on the current adopted fee schedule and the project shall be considered a new project.

(u)

Amend Division II, Scope and Administration Section 105.6 to read as follows:

105.6 Suspension or revocation. The building official is authorized to suspend or revoke a construction permit application or issued construction permit under the provisions of this code wherever the permit is applied/issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.

(v)

Amend Division II, Scope and Administration Section 105.7 to read as follows:

105.7 Placement of construction permit. The approved plans, building permit and the building inspection record shall be made available whenever inspections are requested. The permit site inspection card shall be posted on the site of the work and prominently displayed until the completion of the project.

(w)

Amend Division II, Scope and Administration Section 105.8 to read as follows:

105.8 Responsibility. It shall be the duty of the property owner and every person who performs work for which this code is applicable to comply with this code.

(x)

Amend Division II, Scope and Administration Section 105.9 to read as follows:

105.9 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

(y)

Amend CRC Section R100 to read:

R100.1 Inspection Card as Certificate of Occupancy. The signed and dated Final Inspection on the Inspection Record is hereby deemed the Certificate of Occupancy for R-3 structures and all R-3 accessory structures.

(z)

Amend CBC 111.1 to read:

111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the chief building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the county.

Exceptions:

(1)

Certificates of occupancy are not required for work exempt from permits under Section 105.2.

(2)

The signed and dated final inspection on the inspection record is deemed the certificate of occupancy for R-3 structures and all R-3 accessory structures.

(aa)

Eliminate CRC Section R112—Chapter 19.01 replaces this section.

(bb)

Eliminate CRC Section R114—CBC Section 115 covers Stop Work Orders.

(Ord. No. 3343, § 1, 12-6-16)