HomeMy WebLinkAboutCOM 0698.000 2000-2002
Harry Kim J~!t~rO°'.'~ Dixie Kaetsu
Mayor ~ 9'e Managing Director
Peter T. Young
Deputy Managing Director
COLTivTY O~ ~IAWAII
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
July 23, 2002
the Honorable Chairman James Y. Arakaki
and Members of the County Council
County of Hawaii
Hilo, HI 96720
Dear Chairman Arakaki and Council Members:
At a recent community meeting, I was told that there are jurisdictions in the State
of California which set different standards for owner-occupied rural dwellings than
are imposed on other structures. I asked for more information, and was sent the
attached documents from the County of Humboldt.
I promised to pass this information to those in the County who might be
interested, and therefore I am sending them to you as well as to fihe Department
of Public Works. I hope it wil! be helpful to you when you next consider issues
dealing with the Hawaii County wilding Code.
Very truly yours,
Andrew Levin
executive Director
Attachment
cc: Dennis Lee
Noe ~-1
I+eilt i~Io.
~2ef, ~t'o: ~ ~ ~
PLOT PLB~ON Gf-I~CKLiSj
PL®T PLAN SL9SI~11TT~4L I~~f~l11R~~II~NTS
~ Submit 8 copies of the completed plot plan,. see attached example.
~ All plot plans must be copies, no original drawings will be accepted.
~ Plot plans must be on paper no smaller in size than 8.1/2 by 11 inches.
~ Respond to each item below, if items do not pertain to your project, state so on plot
plan.
INF®R~IATI~?N TO ~f! SHORN ®N ~oLL PL®T PLANS
Q Assessor's parcel number„ap~licant's ~ owner's name, address and phone number.
O Detailed written directions or a vicinity map from the nearest public road to the parcel
(on or attached to the plot plan).
Q The subject parce! (show entire parcel with dimensions and the location of survey
monuments).
Q North arrow and scale (or state "Not To Scale").
_ - -
L~ Name and width of all existing; and proposed access roadways ad}scent to or within
the subject parce! (indicate v~dth of traveled way, percent of gradient, and type of
roadway surface).
Q Location and width of ail ex>sting and proposed easements of record (indicate
whether utility or egress ~:asernent).
Q Direction of and percent of gradient for all slopes.
Q Location of drainage courses, creeks, rivers, ponds, lakes and other wetland areas
(Indicate whether or not water >s present year-round and whether the wet area is
naturally occurring or man made).
f~ISTING A,NI~ PROP®S~D t~P~OV~I4AENTS T® ~ SH®~fN (3t~ PLOT PLAN
Show the location of all i;r;provements, label ~s "existing" and/or "proposed" with
dimensions and distance (setbacks) to property lines
Q Driveways, turnouts and turnaround areas (indicate width, percent of gradient, and
type of roadway surface, include any required SRA turnouts).
Ci Structures and buildings (include floor area, height and existing/proposed use, show
distance between structures, pro}actions and dimensions of porches, roof overhangs
and other architectural features extending- from structures).
Q Septic tanks and. leachfields (label as primary and reserve areas, show distance to
structures}.
CI On-site water sources, supply and storage facilities, including the gallon-capacity of
the water storage (include all required SRA and A0)3 water storage and hydrant
locations).
I*] Driveway-and off street parking spaces (show individual parking spaces, including
any required handicapped parking and ramps).
Q Any required curbs, sidewalks a€~d gutters.
f~ Trees to be removed.
f~ Proposed grading and fill (estimate volume in cubic yards).
la Propane or kerosene storage tanks.
BUILDING O1V1510N
C]UMMUNITV DEVELOPMENT SERVICES
C®tJN~°Y Off' 3~-1lJIV[~C~~
~ .7 ~ 'rl STREET iEURgKA. GA 35505-~~BA'
F:Ihomelinspect\plotpln3.doc Revised 04/23/02 Page 1
Survey monument Two trees to be removed
........250 ft. _ _ . _ _ _ ,
Natural C
perennial 22 ft. • , ,
stream ~ ~ • ;
20 ft:..
ed.~-
100 ft. ~r:'~7$`'~ : ~~iv'~ov®u;l
Proposed
Existing
SOO.ft. LPG house
.storage tank
ft. 2000 sq. ft. CrL
• 26 ft. high ;
155 ft, 0 . ' ~ 2 ft Overhung ~ .
. 20 ft6 20 ft.
175 ft. ~ 25...x.......... ~ 150 ft.
Our
~ ft Street
182 t. 35 ft.
Existing ~ _ 20 'ft,_
45 ft:.
septi tank Existing
shed 10
15 f~'. ~ ~ • ~ ~ - ~ 25 ft: 200 sq. ft 5 ft. wide sidew lk
Reserde Leach 16 ft. hig
field; field
43 ft:
3
40 ft. ? 10 ft. wide ~ 45 ft.
Slope utility
30 ft. ~ ensem~r+t~
~ 78 ft.
-No proposed grading
_ -No SRA hydrant required
Proposed 35 ft. - ~ -Not to scale
2500 gallon
H2O storage 15 ft.
AP# 123-456-78
JOE PUBLIC
12o ft. 123 ANY STREET
OUR TO~I/N, CA 95509
707-987-6543
1IC'BD2/19/02 (FJMAP3.DOC
_ _
§ 331.5-1.
G~iAP'I"r:2 1. S
NSC7JIf°I~ I,d:I~T'~ I7F3y5ITY
(~7R ~ ~ Bt7II~~S )
331.5-1. ~~i71SIC~ .
On 3uly I0, 1984, the Humboldt County Board of Supervisors, duly
made findings that there area special local conditions within specified
areas of Iumboldt County where ffiodifications and changes of the standard
regulations for Limited density owner-built rural dwellings are reasonably
necessary because of local .climatic, geographical or topographical con-
ditions. The rural housing construction standards adopted by-this
chapter are modifications to the standard building regulations-otherwise
applicable in Humboldt Cousaty and are adopted pursuant to Section 17958.5
of the €iealth and Safety Code. (Added by Ord. 1644 ¢ 2, 7/10/84)
331.5-2. P'URPC~ ~
The modifications contained in this chapter are intended to permit,
under specified circulAStances, the use of ingenuity and preferences of
individual builders of dwellings intended for occupancy by the builder
in designated areas of Humboldt County, whale at the same t;.me maintain-
ing sainamum requirements for the protection of life, limb, health, pro-
petty, safety and welfare of the general public and the occupants of
dwellings coa~structed pursuant to this chapter. It is further intended
to allow the use of substitute ffiaterials and procedures .and alternatives
to the specifications prescribed by the ~anifora~ technical codes to the
extent that a reasonable degree of health and safety is provided by .
these modifications.
Tn applying these modifications, the Chief Building Official shall
have the authority to exercise reasonable judgment in determinwng colr-
pliance wins-all requirements of this ehapter. (Added by Ord. 1644
4 2, 7/10/84)- - .
331.5-3. APP1~Tt~`iC~i.
The provisions of~this chapter shall apply to the construction,
enlargement, conversion, alteration, repair, use, maintenance, and
occupancy of Limited density owner-built, owner-occupied dwellings and
appurtenant structures in rural areas in Humboldt County. Such dwell-
ings and appurtenant structures shall include seasonally or permanently
occupied dwellings, hunting shelters, vacation homes, zecreational
shelters and detached bedrooms used solely by the owner of the dwelling.
(Added by Ord. 1b44 ¢ 2, 7/10/84)
EiUIL.DING ®IV131®NS
C~M MU3~~FTY DEVBLOPMI~N'T $ERVIC~S
~®U~'7°Y CAF"" s--~~.IM~~~L~''I"
's)C,~} ~hl ST:~EET F_UR~KAo GA 95501-4.x1.84
Rev, 7/10/5-3 273.1
§ 331. S-4
331. S-4 . ~CISTI~ BUILDINGS.
A building permit may be obtained pursuant to the provisions of
this chapter for a dwelling that was constructed or was partially con-
structed before the effective date of these modifications, provided: j
(a) The applicant is the owner of the dwelling at the time I
of application for and issuance of the permit; and
(b) The dwelling meets all standards required by this chapter;
and
(c) An inspection of the dwelling is made by the Chief Building
Official and he determines that the requirements of this chapter
have been met or substantially met to the extent that no abnormal
risk to health or safety will result froua occupancy of the dwelling.
(Added by Ord. 1644 § 2, 7/10/84)
i
331.5-5 . D2~C~S .
r
ror purposes of this chapter, the following words and phrases shall
have the meanings given below:
(a) Detached bedroom. A separate accessory structure without
kitchen or sanitation facilities, designed for, and used primarily as a
sleeping facility in conjunction with a main structure which includes
kitchen and sanitation facilities.
(b} Greywater. All domestic wastewater obtained froffi the drainage
of showers, bathtubs, kitchen sinks, lavatories; and laundry facilities,
exclusive of water utilized for the transport and disposal of body
eliminations.
(c) Owner-occupied rural dwelling. Any structure consisting of
one or more habitable roorss intended'- or designed for single-family
occupancy with all basic facilities for living and sleeping. which is
situated or is to be situated i~ a rural area to which the provisions
of this chapter are applicable and which is owned by one or more mem-
bers of the family occupying such structure.
' (d) Owner-built. A structure owned and constructed by any person
or family who acts as the general contractor for, or as the provider of,
all or the major part of the labor expended to build the structure and
which is to be occupied as *_he-principal residence of that person or
f wily.
(e) Rural or rural area. That part of fiumboldt County which is
outside the boundaries of any incorporated city, a community services
district, a sphere of influence as designated by the fiumboldt County i
Local Agency rormation Commission (or a city planning area established
pursuant to Section 653C0 of tae Govern.*nent Code in the absence of a
designated city sphere of rnfi::er.ce), or outside or an urban limit line '
n~,.. ~ n n io ~ ~
. S 331.5-5
as designated in the Humboldt County Land Use Plans. "Rural" or "rural
area", for the purposes of this chapter, also includes any area which
is within a co:munity services district or sphere of influence which is
located beyond the reasonably projected availability of water or sewer
services, and which is zo:aed to perffiit residential use either as a
principa? use or with a conditional use per:ait.
The written determination by a city or coauaunity services district
as to whether or not comm~uzxity services will be available taa any parcel
in the foreseeable future, based upon reasonable projections, shall be
used as the primary basis for deciding if land for wrxch a permit is
sought pursuant to this chapter is located beyond the reasonably pro-
jected availability of community services.
(f) Sound structural condition. "Sound structural condition"
.means a structure ist which:
(1) Any pluffibing, any fireplace, wood stove or other source
of heat, and any electrical wiring, which has been built in con-
. forffiance with and conforms to the applicable codes and ~ahfch has
been and is maintained: in a good condition so as to present no
unreasonable risk of health or safety.; and
(2) The fireplace or chixmxey does not list or bulge and has
not settled due to defective material or-deterioration, and in
which fireplaces and chimYaeys are of sufficient size to carry
iz~posed loads with safety.
r
(g) Substandard build~~. A structure in which thsr® Exists any
condition that abnormally e°~dangers the life, limb, health, or safety
of anhorre within or outside of such structure. . (Added by Ord. 16~a4
331.5-6. ~PP~.T'1~5.
Permits shall be required for the construction or repair of owner-~
built, oer.~ceupied rural, ~d~aellings _ and appurte~azat structures. Appl~t- ~
cations for a permit pursuant to this chapter shall, be made. tea the thief
Building Official. Permit applications shall. contain the following
information:
(a) :dame and mailing address of the applicant;
(b) The Ioca.tion, Aasessor's parcel number, and address (if known)
of the site where the proposed structure is to be built;
(c) A general description of tae structure and the intended use
(where applicable) , mechaaa.ca~, S-~stallations with all clearaaces and
venting procedures detail, electrical installations, and fire safety
details;
r'~w. `7/10/3;
i
§ 331-5.6
(d) A plot plan indicating the location of the dwelling in relation
to property lines, other structures, sanitation and bathing facilities,
water source and water ways;
(e) If the application being made pertains to a dwelling structure,
application shall be ffiade concurrently for approval by the County Depart-
ment of Public Health of the installation of sewage or waste disposal
facilities; ~ i
(f) In the case of dwellings, a certification by the applicant
that the dwelling is to be owner-built, owner-occupied and used only for
residential purposes;
(g) The plan provided for in Section 331.5-8 of this chapter;
(h) Such other necessary data or information as may be required by
the Chief Building Official to implement these regulations. (Added by `
Ora. 1644 § 2, 7/10/84)
331.57. F:~7QL~'Y C~ PEE~~ . ~
No more than one (I) building permit for initial construction of an
owner-built, owner-occupied dwelling in a rural area shall be issued tc
the same person in .any five (S) -year period. (Added by Ord. 1644 ~ 2,
7/10/84)
331.5-8. FI,AI~S .
Each applicant for a building permit pursuant to the provisions of
this chap*_er shall, at the time. of making such. application, submit a
plan for the proposed structure. Such plans shall contain a general
~riescription of the structure and all necessary specific information to
reasonably facilitate a detmrmi,nation by the Chief Building Official of
conformance with all applicable codes, including the provisions of this '
chapter. The plans may include a simplified diagram of the single-line
floor plan and site elevation in order to determine the appropriate
dimensions of structural, gibers. (Added by. Ord. 1644 § 2," 7/10/84
i
331.59. Y~VE:i2 ~ Pte. ~
r
The Chief Building Official may waive the submission of plans
_ required under the provisions of Section 331.5-8 which he determines
are not necessary to obtain compliance with this chapter, based upon
the nature of the work for which application is made. (Added by Ord.
1644 § 2, 7/10/84)
331.5---10. PT...~NAN L~D~CN.
*iodiTications to the desi materials and methods of construction
may be allowed provided that the building continues to conform to the
provisions o~ this chapter and the Chief Building Official has approved
the iaodification in writing. (?.tided by Ord. l6'~4 § 2, 7/IO/S4) j
{
RAv. 7/10/64 ~ 273.4
S 331.5-11
331.7-11. .~~1I i ISSC~IVC.E.
When the Chief Building Official determines that the planned work
will comply with all applicable codes, including provisions of this
chapter, the permit shall be issued. (Added by Ord. 254.4 § 2, 7/10/84)
331.5-12. P.ET CITY.
Perffiits issued for initial construction of dwellings shall be valid,
without renewal, for a period of five (S) successive years. Extension of
a permit beyond five (S) years srithou*_ paysuent of an additional fee may
• be approved by the Chief Building Official upon a supplemental applica-
tion being filed with the Chief-Building Official before exgsiration of
the five (5) -year term of validity. The applicaa3on ;shall contain a
statement of facts in supg~srt of the extension incx9.sding an eacplanation
of why the work was not coztppleted within the five (S) -year period. If
the Chief Building Official, determines tha°~- there is sufficient reason
for the construction not having. been completed by the appli~az~t during
the five (S) -year period, he shall is-sue- an extensia~n of ~e pert:xit
for an appropriate period ~,thirr wtxich :the work can be completed, but
in no Qvent to exceed one Z) year for. any extens-ion. ~~:pplieation may
be made for additional extensions.
Permit extensions may not be granted if building requirements
applicable to the perml.t ha:,re changed since issuance of the permit or
any prior extension thereof to .the extent that allowing the work without
modification gill present a. danger to health or safety of occupants or
persons around the premises unless:
(a) The applicant agrees to comply with the new requirement,
or
(b) The project can be altered so as to avoid the additional
requirements. (Added by Ord. 1644 § 2, 7/101$4)
331.5-s13 . I~~T. .
(a) Basis of
~tsprovel.. Pursuant to Section 219 of Title 2S of
the California Administrative: Code, except. as ,otherwise provided by this
chapter, dtiapllings and ,appurtenant structures constructed in ~;ompliance
with this chapter need not conform with. the construction requ~.rements
prescribed by the latest applicable editions of the Uniform Building,
Plumbing, and *Sechanical Codes, the National Electrical Code, or other
applicable technical codes.
(b) T~echanicaZ. ReQUirents. Fireplaces, heating and cooking
appliances, and gas pipixxg stalled ~ buildings constructed pursuant
to this chapter shall be z.nstalled agd ve:pted in .accordance with the
requirements of Chapter 37 of the IIniform Building Code, ~Sapter 9 of
tae Uniforn `!echanical Code, and Chapter Z2 of the Uniform. Plumbing Code.
:~?.ternata materials aid taethods of venting shall be permitted if sub-
stantiall;~ equ=valer.t in sa:e_v aid durability.
Pev. 7/10/3-~ 273. S
~ 331.5-13
- (c) Heating Capacity. A heating facility or appliance shall be
installed in each dwelling subject to the provisions of this .chapter.
The use of solid fuel or solar heating devices shall be deemed to comply
with the requirements of this section. If nonrenewable fuel is used in
the dwelling, rooms so heated shall meet current insulation standards.
(d) Electrical requirements. No dwelling or appurtenant structure
constructed pursuant to this chapter shall be required to be connected
to a source of electrical power, or wired, or otherwise fitted for
electrification, except as set forth in this subsection.
If electrical wiring or appliances are installed, the installation
shall be in accordance with *_he provisions of the Nata_onal Electrical
Code for sir_gle-family dwellings.
In structures where electrical usage is to be confined to one or
more rooms of a structure, the remainder of the structure shall not be
required to be wired or otherwise fitted for electrification unless the
Chief Building Official determines that electrical demands are reasonably
expected to exceed the wiring capacity of the area that is to be wired.
In such instances, the Chief Building Official may require such further
electrification of the structure as may be necessary to meet the excess
anticipated demand. -
The provisions of this subsection apply to buildings which include
a workshop, kitchen, or other single room which may require electrifi-~
cation if there is no expectation of further electrical demand.
(e) ~2oom Dimension Requirements. The only room dimension or other
room requirements for a structure constructed pursuant to this chapter
' shall be as follows:
3edrooms shall be equipped with either a door to the outside
or an exterior window with 5.7 square feet of openable area for
emergency exit. The window shall have a rrcinimum width of ?0 inches,
a . mini.mu~z height of 2~a ~:nches, and the window sill shall not be
more than 44 inches above the bedroom floor.
{f) Sanitation Facilities. A bathtub or shower and a lavatory,
or alternate bathing axed washing facility shall be provided at the
dwelling sate. -
A water closet shall not be required when an alternative system is
provided a.:d has been approved by the County Health Department. Where
an alternative to the water closet is installed, a system for the dis-
posal or treatment of gregwater shall be provided to the dwelling.
Greywater systems shall b~ designed according to water availability,
use~and discharge.
Rw. 7114/x- ~ - - - '
331.5-13
The Count_V H~zlth Department shall przpare •ragulactons which sh:ali
specify:
(I) The type, design and numbec of sanitation an~i bathing
and•washing facilities to be provided at each dwelling sitz.
Such facilities sh-all not be required to be placed within the
dwelling; and
(2) The desi4,n, use and maintenance standards far grey-
water disposal and treatment systems.
(g) Plumbing spzcifica[ions, tv'herz conventional plumbing, in alI
or in part, is installed within a-dwelling, it shall be installer' in
accords^ce «ith the L:;iform Plumbing Coda. ~lcernative materials ant
methods steal 1 be permitted if the design cosaplies with the intent of
such code, a.^.d such alternatives shall pzrfor:n to protect health a.^.d
safety for the intended purpose. •
(h) Eater Supply. Potable water shall be available at tha 3we11-
ing site as rerasired by ~iuaab®ldt County Code Section 331-11.5. iYowever,
such water need not be pressurized. There shall be a minimum reserve
of fifty (50) gallons of potable water available. Gthere water 3elivery
is pressurized, piping shall be installed in acco_dance with the .pro-~
~vzsions of th? s class ta= .
In addit_an to tae domestic water supply, a firevightixag dater
supply o` a_ least ?,50Q,gallons (pared, tan': or e4uivaler.t) s:al1 be
maintained or the pro;party, If access to the supply is by pips, such
pipe sha_1 be at least ?~1~~ inches i.n diameter a.d small have at least
one hose outlet axo lemma ti;a~a fifty (50) feet fram the= primary dwelling.
If the water storage facility is below the fire equipment access level,
then the firefighting equipment anust be able to get within fifteen (IS)
feet of a water supply which is not piped to the primaz-y dwelling.
~C C~~ ~~1IGG~ ~d9S212EG~1)~G ~.'~.d~t1~~g':~?~'~IR~~.~3
(i) yire Safety.
access. If a dwelling has access by road, such road
shoa•~ d be vri~e
e.:ccsgh for .fire equipaaexat, should provide: tearnouts
Long enough for rise. ~quip~xent where the terrain permits, and
-shculd contain a t=rnasound space for fire z¢uipment. This turn-•
a:oL^.d space nxay ce pa_e of the firebrea'.t. `T';~e ma;gimcn load of
_ say b=idga an tcaa access road shou3d be detei:xed, azd `this i:a_`aYa
mat?oz si:ould be lasted and majntai.^.ed at t;aa bridge by -tine occupant
o° t e pre:arses. :~rid;es should sup?ort at ? asst a Z0, ^:'0-pound
load.
(2) Ferebre<s. :laa~able undargrawth shall be rewoved
'or tirtj (30) _ae_ Gsoud each st..sc>u=e o^ tae p.ope.t, o. or.
ti:z ae_ t•r 1_::e, :rhi ~^e... is rza=.= . oweve:, s-ag? a slecime^s
o. tees, c=.:awen_~? s _.:bbe=5' o: g.oc_~:d cov_- plar.-s ~:zic^ da hoc
fo__ a means o= ==°.d.; _ra^sm'_~t_rg =i=e __om tae :.a__•~e a_ow=_.
.o a-, st__,.t~re bz-a_.^.ta=zz~? -'--••-n t'L i=rebrea.
a„. 7,'i- 2;3.7
§ 331.5--13
. (3) Chimney Clearance. Tne po rtion of any tree which extends
' within ten (IO) feet of the outlet or any chiuaney or stovepipe
shall be removed. Chimney clearances shall comply with the require-
ments as set forth in the Uniform Mechanical Code.
(4) Overhanging Deadwood. Dead or dying wood shall be removed
from any tree adjacent to or overhanging any structure.
Rooftop. The roof of any structure shall be maintained
free of leaves, needles or other dead vegetative growth. (Added
by Ord. 1644 § 2, 7/10/84)
331.5-14 . I'~'.SPx°TIC~ .
All construction or work. for which a permit is required under this
chapter shall be subject to inspection by County inspectors. Structures
of conventional or simple construction shall be inspected at a single
inspection.
Additional inspections shall be conducted under the following
circumstances: An inspection shall be conducted where there is reason
to believe that the footing of the structure will be subjected to
abnormal vertical or lateral movement due to unstable soil conditions;
o r in cases where interior wall coverings or construction elements will
conceal-underlying construct~:on, electrical or mechanical systems; or
where an unconventional construction method is to be employed which
would preclude examination at a single inspection. (Added by Ord. 1644
§ 2, 7/10/8'0
331.5-15 . II~ISPF~C.'IICsb7 1~U~STS ArID rK7T'iC~S .
It shall be the duty of the holder of a building permit issued under
this chapter to notify the Building Official, Health Department, Fire
District, or California Department of Forestry, as appropriate, that
the construction is ready for inspection and to assure that the premises
will be~accessible at the time scheduled for inspection.' Inspections
shall be requested by the applicant at least forty-eight {48) hours in
advance of .the intended' inspection. The i..nspector-shall notify or .inform
the permit holder of the day during which the inspection is to be con-
ducted and shall notify-the perflit holder if the inspection cannot be
made as scheduled. (added by Ord. 1644 § 2, 7/10/84)
331.5-16. °1~~'~?C?RAZ' OCCLJP.~°Y.
An owa~er-°builder and his ~,snmediate family may use and occupy a
portion or portions of a dwelling or appurtenant structure prior to the
coupletion of the entire structure if approved sanitary facilities are
availably and functioning at the site and if the work completed does
not endange_ life, health or saety. Neither the County nor any official
o r employee thereof shall be responsible for any injuries to anyone,
occupants or otherwise, L`aich are attributable to the cnfinished structure.
(?added by Ord. 1644 § 2, 7/10; 34)
F
~ac~ ~nni~_ ~ 2~~_g
S 331.5-17
3 31.5-17 . C°r, ~1 OOCLTPAI4C.'X .
The occupancy of a structure constructed in accordance with a
permit issued pursuant to this chapter by anyone other than the owner-
builder of that structure constitutes a change in occupancy.
Upon a change in occupancy, no new occupancy of the structure shall
occur until either:
(a) Each new adult occupant files with the Chief Building Jfficial
a statement under penalty of perjury stating that he is occupying the
structure with the kno~ale~g~ and understanding. that the-straactute was
not built pursuant to uni~oraa~ building codes aixd that this may create
risks of injury or damage which the occupant freely ass~.zanes and frown
which the occupant holds the County, its officersR employees .and agents
harmless. ~e occupant shill also agree, as a condition of the new
occupancy permit, to abide by all applicable conditions of the building
pearait under which the structure was constructed; or
{b) The building is brought into compliance with the provisions
of Title 25, Article lO, of the California Administrative Code or the
appropriate Iinifor~ Building Code standard.
nor the purposes of this section "occupancy'.' means actual physical
occupation of the preaaises rather than a change in type. of~ ;ase as typi-
cally defined in uniform codes. (Added by Ord. 1b44 § 2, 7110/84)
331.5-18. FED p'1'S A1~ ~TSF~IC~T.
(a) any person required to obtain a building., pluanbing, elec-
. trical, heating or comfort-cooling peranit ~azxder this chapter, or a
coanbination of any such permits, shah. at the bane of
~~.ling an appli-
cation therefor pay to the` Chief Building Official the fees set forth
in the current resolution of the Board of supervisors. estab~.is'ring fees
,.for permits issued pursuant to this chapter. .
(b) adhere ;cork is co~t~eaaced after the. effective. date of these
regulations and prior to obtaining a peraaait, a double fee shall be
charged.-
(c) I°he Chief Building Official may refund up to eighty percent
(80 of to permit fee subject to the following limitations:
(1) tees allocable to plan checking are not refundable
after the Building department has coza~nenced reva.ew of the
plans;
(2) do work shall have coamaenced on the project for which
such permit c:as issued;
Rev. 7/10; S-~ 273.9
§ 331.5-18
(3) The permit must be canceled by the owner or holder, in
writing, within sixty (60) days of the date of issuance; and
(4) No refund shall be made when the permit fee is Ten
Dollars ($10.00) or Less. (Added by Ord. 1644 § 2, 7/10/84)
331.5-19. g.DCOFd?S . i
Zt shall be the duty of the Chief Building Official to keep a
permanent record of all pertinent transactions under this chapter and
to render a monthly report to the Board of Supervisors concerning such
.transactions. All fees collected by. the Chief Building Official shall
be turned over to the County Treasurer and placed in the general fund.
The Chief Building Official shall transmit to the County Assessor copies
of all applications for building permits and copies of all completion
reports pertaining to building permits. (Added by Ord. 1644 4 2, f
7/10/84)
331.5--20. LLABII.I'IR!_ f
This chapter shall not be construed as imppsing upon the County or 1
upon any of its officers or employees any liability or responsibility
for injury or damage resulting from any building, plumbing, electrical,
heatir_g, or comfort-cooling work. approved or performed hereunder. I
(Added by Ord. 1644 § 2, 7/10/84) !
331.5-21. ViOIAT'IC~ C7.ONSTIIU'l~ A P~LIC NC7~S
1
Any building or structure erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted or demolished, equipped, '
used, occupied or maintained contrary to the provisions of this chapter
shall be and the same is hereby declared to be unlawful aad a public
nuisance. Any failure, refusal or neglect to obtain a permit as
required by this chapter shall be prima facie evidence that a public
nuisance has been created in connection with the erection, construction,
ealargement, alteration, repair, movement, improvement, removal, con-
version or demolition, equipging, use, occupatioxx or rzaintenance of a
building or structure erected, constructed, enlarged, altered, repaired,
moved, improved, converted or demolished, equipped, used, occupied or
maintained contrary to the provisions of this chapter. (Added by Ord.
1644 § 2, 7/10184)
331.5-32. P~.L ~1V"~lC~.
(a) No person, firm or corporation, whether as owner, lessee,
sublessee or occupant, Shall erect, cor_struct, enlarge, alter, repair,
move, improve,. remove, convert, demolish, equip, use, occupy or znain-
tain any building or premises, or cause or permit the same to be done,
contrary to o= il~ violation of a;~y of the provisions of this chapter i
or any order issued by the C?:ie= Building Official or t:~e Health Officer
hereunder.
1
t
- _ ,
§ 3 31.5-~ 2
(b) Any person violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor and upon convicion thereof
shall be p~srtishable by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment in the County Jail of the County of Huai- i
boldt for not more than six (6) months, or by both such fine and
imprisoamaent. Each such person shall be deemed guilty of a separate
offense for each day or portion thereof during which any violation of
the provisions is coaa~itted, continued or permitted by such person. i
(c) The provisions of subsection (b) shall not apply to an owner
of real property building or .improving structures thereon or appurtenances
thereto who does such work himself, provided that:
(1) Such structure or structures are not intended or ,
offered for sale, lease or rent; and
(2) Such structure or structures are one-family dwellings,
farm or ranch buildings, which are not more than two (2) stories
in height.
In all actions, crimi.agal or civil, brought under this chapter,
proof of the sale, leasing or renting, or the offering for sale, lease
or rent, of any such structure by the owner-builder within one (1) year
after completion of sale is presumptive evidence that such structure
was undertaken for purposes od sale, lease or rent. (Added by-Ord. 1644
§ 2, 7/20/84)
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