Part 1 — General Provisions
Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this code, provided such continued use does not constitute a distinct danger to life or property.
Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures.
The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this code.
This code shall supplement the jurisdiction's building and fire codes, if such codes have been adopted, to provide for special regulations to mitigate the fire- and life-safety hazards of the wildland-urban interface areas.
Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life.
Part 2 — Administrative Provisions
A copy of such rules and regulations shall be filed with the clerk of the jurisdiction and shall be in effect immediately thereafter. Additional copies shall be available for distribution to the public.
The code official shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternative materials or methods. The details of any action granting approval of an alternative shall be recorded and entered in the files of the code enforcement agency. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.
For buildings or structures erected for temporary uses, see Appendix A, Section A108.3, of this code.
Where required by the code official, a permit shall be obtained for the following activities, operations, practices or functions within a wildland-urban interface area:
- Automobile wrecking yard.
- Candles and open flames in assembly areas.
- Explosives or blasting agents.
- Flammable or combustible liquids.
- Hazardous materials.
- Liquefied petroleum gases.
- Motor vehicle fuel-dispensing stations.
- Open burning.
- Pyrotechnical special effects material.
- Tents, canopies and temporary membrane structures.
- Tire storage.
- Welding and cutting operations.
- One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2) and the structure is located more than 50 feet (15 240 mm) from the nearest adjacent structure.
- Fences not over 6 feet (1829 mm) high.
The code official is authorized to stipulate conditions for permits. Permits shall not be issued where public safety would be at risk, as determined by the code official.
- Identify and describe the work, activity, operation, practice or function to be covered by the permit for which application is made.
- Describe the land on which the proposed work, activity, operation, practice or function is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building, work, activity, operation, practice or function.
- Indicate the use or occupancy for which the proposed work, activity, operation, practice or function is intended.
- Be accompanied by plans, diagrams, computation and specifications and other data as required in Section 108 of this code.
- State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.
- Be signed by the applicant or the applicant's authorized agent.
- Give such other data and information as required by the code official.
When the code official issues the permit, the code official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the code official, and work regulated by this code shall be done in accordance with the approved plans.
Any permittee holding an unexpired permit is allowed to apply for an extension of the time within which work is allowed to commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The code official is authorized to extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once.
- It is used by a person other than the person to whom the permit was issued.
- It is used for a location other than that for which the permit was issued.
- Any of the conditions or limitations set forth in the permit have been violated.
- The permittee fails, refuses or neglects to comply with any order or notice duly served on him or her under the provisions of this code within the time provided therein.
- There has been any false statement or misrepresentation as to material fact in the application or plans on which the permit or application was made.
- When the permit is issued in error or in violation of any other ordinance, regulations or provisions of this code.
It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.
Where required by the code official, a survey of the lot shall be provided to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans.
Reinspection fees can be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code official.
To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
Orders or notices that are given verbally shall be confirmed by service in writing as herein provided.
If such entry is refused, then the code official shall have recourse to every remedy provided by law to secure entry. Owners, the owner's authorized agent, occupants or any other persons having charge, care or control of any building or premises, shall, after proper request is made as herein provided, promptly permit entry therein by the code official for the purpose of inspection and examination pursuant to this code.
If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner's authorized agent.
- Delivered to the owner or the owner's authorized agent personally.
- Sent by certified or registered mail addressed to the owner or the owner's authorized agent at the last known address with a return receipt requested.
- Delivered in any other manner as prescribed by local law.