Agenda — Brawley City Council, March 17, 2026 (part 2 of 2)

5a.1
City of Brawley
City Council
March 17, 2026
Agenda Item No 6a

STAFF REPORT
To: City Council
From: Oscar Escalante, Interim Building Official
Prepared by: Eva Madueno, Loan Processor/Admin Secretary Subject: Adoption of CA Building Standards Code 2025 Edition RECOMMENDATION:

Approve first reading of Ordinance No. 2026- __ Ordinance of the City Council of the City of Brawley amending Chapter 7 of the City of Brawley Municipal Code and reenacting a new Chapter 7 adopting by reference parts 1,2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 of the 2025 California Building Standards Code (Title 24) and finding this Action is Exempt from Further Environmental Review Under General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3). That CEQA only applies to projects that have the potential for causing a significant effect on the environment BACKGROUND INFORMATION:

City staff discussed the proposed Ordinance (Attachment 1) adopting in reference the new 2025 California Building Standards Code. The California Building Standards Code (Title 24 of the California Code of Regulations) is comprised of 12 parts containing various construction codes (i.e., building, residential, electrical, plumbing, mechanical, energy, green building, existing building, fire, historical structures, etc.). The California codes are generally published every three years by the State Building Standards Commission (BSC) following the update of selected model codes by various code-writing organizations.

On January 1, 2026, the 2025 California Building Standards Code will become effective throughout California, and the currently adopted 2022 California Building Standards Code will no longer apply to projects applying for a new building permit.

The California Health and Safety Code allows local governments to amend building standards contained in the California Building Standards Code when the modifications are at least as stringent as what is otherwise required by the codes and provided that amendments are made with express findings of need based on local climatic, geological, or topographical conditions. The mandated requirements of the California Building Standards Code provide minimal provisions for unsafe building abatement, signs, alternative housing provisions, fire sprinkler systems, fire safety, administrative requirements, green building measures, and other provisions. This being the case, the City Council will need to regularly amend the codes adopted by the State to address issues and needs unique to the City of Brawley.

The Ordinance proposes minor revisions to the CA Building Standards Code 2025 Edition, including adoption of Fire Code Appendices A-Q that provide further guidelines on issues not addressed in the 6a
normal portion, as well as revised Part 9 exceptions outlined in Chapter 11, 12 and 34. This Ordinance proposes no suggested local amendments. The 2025 California Building Standards Code proposed for adoption is available for review at City Hall or online at https://www.dgs.ca.gov/BSC/Codes.

FISCAL IMPACT:

Each time the California Building Standards Code is updated (every three years), construction costs increase due to the addition of more restrictive and complex requirements. The changes in the codes also increase the cost of providing code compliance services by increasing the need for additional training and public education and increasing City costs to perform plan review, inspection, and related code enforcement services. In addition, there will be a newspaper publishing fee of approximately $200.

ALTERNATIVES:

No alternatives are recommended as the 2025 California Building Standards Code is a State requirement. However, following the public hearing, the City Council may amend and reintroduce the ordinance with revised updates. The Council should then schedule a new first and second reading of the Ordinance for a future meeting.

ATTACHMENTS:

1. Proposed Ordinance

2. 2025 Building Code Adoption

3. CFC 2025 Code Adoption

4. 2025 CA Building Code
REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Rebecca Terrazas-Baxter, City Manager Approved - 3/13/2026 Silvia Luna, Finance Director Approved - 3/13/2026
6a
ORDINANCE NO. 2026 -

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRAWLEY, CALIFORNIA, AMENDING CHAPTER 7.1 OF THE BRAWLEY MUNICIPAL CODE REGARDING ADOPTION OF CALIFORNIA BUILDING STANDARDS CODE, 2025 EDITION

THE CITY COUNCIL OF THE CITY OF BRAWLEY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

1. Purpose:

The purpose of this ordinance is to amend Sections 7.1 of the Brawley Municipal so that it references the use of California Building Standards Code, 2025 Edition.

California Health and Safety Code seeks to have uniform building standards in substantially the same format throughout the State of California.

2. Findings:

The city council finds that to best protect the health, safety, sustainability, and welfare of the citizens of Brawley, the administrative regulations adopted herein and hereinafter referred to as the “administrative provisions” and the building standards for building construction hereinafter referred to as the “technical codes,” and also known as the 2025 Edition of the California Building Standards Code and the California Code of Regulations, Title 24, including Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12, shall be adopted as provided herein.

This code is adopted pursuant to the authority granted by Section 7 of Article XI of the California Constitution to a county or city to make and enforce within its limits all such local, police, sanitary, and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, including the Government Code relating to adopting codes by reference.

3. Amendment of Municipal Code:

Section 7.1 of the Brawley Municipal Code is hereby amended as follows:
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The California Building Standards Code, 2025 edition
("code"), as adopted by the California Building Standards Commission, is hereby adopted as the Building Code of the City of Brawley. Said code is comprised of the following elements:
• 2025 California Administrative Code;
• 2025 California Building Code;
• 2025 California Residential Code;
• 2025 California Electrical Code;
• 2025 California Mechanical Code;
• 2025 California Plumbing Code;
• 2025 California Energy Code;
• 2025 California Wildlife-Urban Interface Code;
• 2025 California Historic Building Code;
• 2025 California Fire Code;
• 2025 California Existing Building Code;
• 2025 California Green Building Code;
• 2025 California Referenced Standards Code.

The code shall also include the following appendices:
• Appendix Chapters A, B, C, D, F, G, H, I, J, and K of the 2025 California Building Code;
• Appendix Chapter E of the California Residential Code; • Appendix Chapters A, B, BB, C, CC, D, E, F, G, H, I, J, K, L, M, N, O, P, and Q of the California Fire Code.
• Appendix Chapter 4 Special Detailed Requirements Based on Use and Occupancy of the California Fire Code.

The text of Sec. 7.2 shall remain the same.

The text of Sec. 7.3 is hereby amended as follows:

The following sections of the code are hereby revised:
(a) Section 101.1 is hereby amended to read:
"Section 101 Title. The California Building Code, as amended by this Chapter, shall be known as the Building Code of the City of Brawley." The provisions contained in this Chapter are adopted and together with the amended Code are referred to hereafter as "these regulations", "these building standards" or "this Code".
(b) In the event of conflict between this code and any other provision of the Brawley Municipal Code or regulations adopted pursuant thereto, the provisions of this code shall prevail. (c) In the event any section, subsection sentence, clause or phrase of this chapter is, for any reason, held to be
unconstitutional or otherwise unenforceable, such circumstance shall not affect the validity of the remaining portion of this 6a.1
chapter. The City hereby declares that it would have passed this chapter and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared
unconstitutional or otherwise unenforceable.
(d) Nothing in this chapter or in the code hereby adopted shall be construed to affect any suit or proceeding pending in any court, rights acquired, liability incurred or any cause or causes of action acquired or existing under any act or ordinance repealed by this ordinance; nor shall any just or legal right or remedy of any character by lost, impaired or affected by this chapter.
(e) Chapter 11 of the California Fire Code is hereby amended as follows:
-Strike out exceptions for section 1103.4.2 three to five stories; exceptions only: Reads as follows

1. Vertical opening protection in not required for Group R-3 occupancies
-Strike out exceptions for section 1103.4.3 More than five stories’ exceptions only: Reads as follows

1. Vertical opening protection is not required for group R-3 occupancies’ exception only
-Strikeout 1104.5 Illumination emergency power/ Exceptions only: reads as follows

1. Assembly occupancies used exclusively as a place of worship and having and occupant load of less than 300.

2. Group B buildings three or more stories in height, buildings with 100 or more occupants above and below a level of exit discharge servicing the occupants with 1,000 or more total occupants.
(f) Chapter 12 of the California Fire Code is hereby amended as follows:
-Strike out 1206.5 Residential use, exception only

1. The temporary use of a fuel cell powered electric vehicle to power a group R-3 and R-4 building while parked shall comply with section 1206.13
(g) Chapter 34 of the California Fire Code is hereby amended as follows:
-Strikeout Exceptions for section 3405.4 Distance from lot line and buildings

1. Tire Storage piles containing less than 500 tires shall be permitted to be located no closer than 10ft from the lot lines or from buildings. Tire storage piles shall not exceed 6ft in height when within 20ft of any property line, building perimeter fencing. Side slopes shall not exceed 60 degrees. When approved by the fire code official in accordance with section 1.11.2.4, distances of less than 10ft from lot lines or from buildings may be approved.

2. When approved by the fire code official in accordance with 6a.1
section 1.11.2.4, exempted facilities defined in public resources code, section 42808(c) and 42831 and used tires as defined in section 42806.5, tire storage piles shall be permitted to be located no closer than 10ft from lot lines or from buildings. Tire storage piles shall not exceed 6 feet and height when within 20 feet of any property line or perimeter fencing. Side slopes shall not exceed 60 degrees.

4. Effective Date:

This ordinance shall be effective thirty (30) days after its adoption and the City Clerk shall cause a certified copy, or summary of this ordinance to be published one time within fifteen (15) days after its adoption in a newspaper of general circulation printed in Imperial County and circulated in the City of Brawley.

APPROVED, PASSED AND ADOPTED at a regular meeting of the City Council held on the 7th day of April, 2026.

CITY OF BRAWLEY, CALIFORNIA
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Joseph Galvan, Mayor
ATTEST:

Ana Gutierrez, City Clerk

STATE OF CALIFORNIA)

COUNTY OF IMPERIAL)

CITY OF BRAWLEY)
1st Reading
I, Ana Gutierrez, City Clerk of the City of Brawley,
California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2026- was passed and adopted by the City Council of the City of Brawley, California, at a regular meeting held on the 17th day of March, 2026 and that it was so adopted by the following roll call vote:

AYES:

NAYES:

ABSTAIN:

ABSENT:

DATED: March 17, 2026
Ana Gutierrez, City Clerk
2nd Reading & Adoption
I, Ana Gutierrez, City Clerk of the City of Brawley,
California, DO HEREBY CERTIFY that the foregoing Ordinance No. 2026- was passed and adopted by the City Council of the City of Brawley, California, at a regular meeting held on the 7th day of April, 2026 and that it was so adopted by the following roll call vote:
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AYES:

NAYES:

ABSTAIN:

ABSENT:

DATED: April 7, 2026
Ana Gutierrez, City Clerk
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Brawley, California, Code of Ordinances
CHAPTER 7. BUILDING REGULATIONS.

Brawley, California, Code of Ordinances Created: 2021-05-03 09:05:50 [EST] (Supp. No. 33, 4/21)

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CHAPTER 7.

BUILDING REGULATIONS.1
Sec. 7.1. Adoption of California Building Standards Code, 2025 Edition.

The California Building Standards Code, 2025 edition ("code"), as adopted by the California Building Standards Commission, is hereby adopted as the Building Code of the City of Brawley. Said code is comprised of the following elements:
• Part 1: California Administrative Code
• Part 2: California Building Code (CBC)
• Part 2.5: California Residential Code (CRC)
• Part 3: California Electrical Code
• Part 4: California Mechanical Code
• Part 5: California Plumbing Code
• Part 6: California Energy Code
• Part 7: California Wildlife-Urban Interface Code
• Part 11: California Green Building Code
• Part 8: California Historic Building Code
• Part 9: California Fire Code
• Part 10: California Existing Building Code
• Part 11: California Green Building Code (CAL Green)
• Part 12: California Referenced Standards Code
The code shall also include the following appendices:
• Appendix Chapters A, B, C, D, F, G, H, I, J, and K of the 2025 California Building Code • Appendix Chapter E of the California Residential Code • Appendix Chapters BB and CC of the California Fire Code This edition of Title 24 replaces the 2022 California Building Standards Code as the mandatory compliance basis for new construction and major renovations after January 1, 2026. 1 Editor's note(s)—Ord. No. 2011-06, § 2, adopted Oct. 18, 2011, amended Ch. 7Editor's note(s)— in its entirety and enacted the provisions set out herein. The former Ch. 7Editor's note(s)— derived from Ord. No 87-05, §§ 2— 4; and Ord. No. 2009-04, § 1.

Cross reference(s)—Dogs in multiple-family dwellings, § 4.3Cross reference(s)—. .
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Created: 2021-05-03 09:05:50 [EST]
(Supp. No. 33, 4/21)

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(Ord. No. 2011-06, § 2, 10-18-2011; Ord. No. 2017-07, § 1, 9-19-201 Sec. 7.2. Purpose.

The purpose and intent of adoption of the code is to regulate and govern the conditions and maintenance of all property, buildings and structures by providing the standards of supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; provide for the condemnation of buildings and structures unfit for human occupancy and use and demolition of such structures as herein provided; provide for the issuance of permits and collection therefore. Each and all the regulations, provisions, penalties, conditions and terms of said code on file are hereby referred to, adopted and made a part hereof as if fully set forth in this chapter, subject to revisions set forth herein. (Ord. No. 2011-06, § 2, 10-18-2011)
Sec. 7.3. Revisions.

The following sections of the code are hereby revised:
(a) Section 101.1 is hereby amended to read:
"Section 101 Title. The California Building Code, as amended by this Chapter, shall be known as the Building Code of the City of Brawley." The provisions contained in this Chapter are adopted and together with the amended Code are referred to hereafter as "these regulations", "these building standards" or "this Code".
(b) In the event of conflict between this code and any other provision of the Brawley Municipal Code or regulations adopted pursuant thereto, the provisions of this code shall prevail. (c) In the event any section, subsection sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or otherwise unenforceable, such circumstance shall not affect the validity of the remaining portion of this chapter. The City hereby declares that it would have passed this chapter and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional or otherwise unenforceable.
(d) Nothing in this chapter or in the code hereby adopted shall be construed to affect any suit or proceeding pending in any court, rights acquired, liability incurred or any cause or causes of action acquired or existing under any act or ordinance repealed by this ordinance; nor shall any just or legal right or remedy of any character by lost, impaired or affected by this chapter. (Ord. No. 2011-06, § 2, 10-18-2011)
(e) Chapter 11 of the California Fire Code is hereby amended as follows:
-Strike out exceptions for section 1103.4.2 three to five stories; exceptions only: Reads as follows

1. Vertical opening protection in not required for Group R-3 occupancies -Strike out exceptions for section 1103.4.3 More than five stories’ exceptions only: Reads as follows

1. Vertical opening protection is not required for group R-3 occupancies’ exception only -Strikeout 1104.5 Illumination emergency power/ Exceptions only: reads as follows

1. Assembly occupancies used exclusively as a place of worship and having and occupant load of less than 300.
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Created: 2021-05-03 09:05:50 [EST]
(Supp. No. 33, 4/21)

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2. Group B buildings three or more stories in height, buildings with 100 or more occupants above and below a level of exit discharge servicing the occupants with 1,000 or more total occupants. (f) Chapter 12 of the California Fire Code is hereby amended as follows:
-Strike out 1206.5 Residential use, exception only

Page 4 of 4 ends

2025 California Building Standards Code (Title 24)
Specific Changes from 2022 Edition

1. Occupied Roofs Now Count Toward Building Height
Under the 2025 code, roofs that are designed for regular occupancy (e.g., rooftop decks, amenities) are now Included in building height calculations. This can cause some buildings to be re-classified into higher occupancy or high-rise categories, subjecting them to stricter fire protection, egress and structural requirements compared with the 2022 code.

2. Stricter Fire-Safety Standards for Lithium-ion Batteries and BESS Facilities The 2025 code includes enhanced fire-life safety provisions for buildings that house Lithium-ion battery energy storage systems (BESS) battery labs, and similar uses:
• Clearer occupancy classifications for these hazardous uses. • Mandatory automatic sprinkler coverage in certain battery storage and manufacturing spaces.

This is a significant update from the 2022 code which had less prescriptive hazard classifications and fire protections for emerging battery technologies.

3. Wildland-Urban Interface (WUI) Code Now Stand-Alone
The 2025 edition extracts and consolidates wildfire safety and construction requirements into a new, stand-alone Wildland-Urban Interface Code (Title 24, Part 7). Previously these provisions were scattered in CBC Chapter 7A, CRC Section R337, California Fire Code Chapter 49, and related standards. This creates one unified chapter for construction in fire-prone areas and expands defensible space, material standards, and emergency access rules.

4. New Provisions for Elevator Lobby Doors
A noteworthy accessibility and life safety change in the 2025 code is in elevator egress provisions:

Locking devices are now allowed on elevator lobby doors under conditions set by the code. This provides designers with more flexibility in certain configurations and reduces conflicts between elevator code and exit requirements.

5. Enhanced Temporary Structure Requirements
The 2025 code places stronger oversite and more detailed compliance criteria on temporary structures that remain in place for 180 days. Changes include more frequent inspections, clarified limitations on duration, and enhanced structural requirements.

Summary of California Code Changes 2025 Title 24
https://www.dgs.ca.gov/-/media/Divisions/BSC/05-Resources/Guidebooks/2025-Title-24-CA-CodeChanges---New-07-25.pdf 6a.2
California Fire Code 2025 Code Adoption
Highlighted text indicates amendments and new adoptions -Adopting Chapter 1 Administration Section/will be adopting entire chapter -Adoption of Chapter 2 Definitions Section/will be adopting the entire chapter - Adoption of Chapter 3 General Requirements/will be adopting the entire chapter -Adoption of Chapter 4 Emergency Planning/will be adopting the entire chapter -Adoption of Chapter 5 Fire Service Feature/Adopting of the entire chapter -Adoption of Chapter 6 Building Service & Systems/Adoption of the entire chapter -Adoption of Chapter 7 Fire and Smoke Features/Adoption of the Entire Chapter -Adoption of Chapter 8 Interior Finish, Decorative Materials and furnishings/Adoption of the entire Chapter
-Adoption of Chapter 9 Fire Protection Systems/Adoption of the Entire chapter -Adoption of Chapter 10 Means of Egress/Adoption of the Entire Chapter -Adoption of Chapter 11 Construction requirements for Existing Buildings/ -Strike out exceptions for section 1103.4.2 three to five stories; exceptions only:

Reads as follows

1. Vertical opening protection in not required for Group R-3 occupancies -Strike out exceptions for section 1103.4.3 More than five stories’ exceptions only:

Reads as follows

1. Vertical opening protection is not required for group R-3 occupancies’ exception only -Strikeout 1104.5 Illumination emergency power/ Exceptions only: reads as follows

1. Assembly occupancies used exclusively as a place of worship and having and occupant load of less than 300.

2. Group B buildings three or more stories in height, buildings with 100 or more occupants above and below a level of exit discharge servicing the occupants with 1,000 or more total occupants.
-Adoption of the rest of chapter 11 Construction requirements for existing buildings -Adoption of Chapter 12 Energy Systems/
6a.3
-Strike out 1206.5 Residential use, exception only

1. The temporary use of a fuel cell powered electric vehicle to power a group R-3 and R-4 building while parked shall comply with section 1206.13 -Adoption of the rest of Chapter 12 Energy Systems
-Adoption of Chapter 20 Aviation Facilities/ Adoption of the entire chapter -Adoption of Chapter 21 Dry Cleaning/ Adoption of the Entire Chapter -Adoption of Chapter 22 Combustible Dust Producing Operations/ Adoptions of the Entire Chapter
-Adoption of Chapter 23 Fuel Dispensing & Garages/Adoption of the Entire Chapter -Adoption of Chapter 24 Flammable Finishes/ Adoption of the Entire Chapter -Adoption of Chapter 25 Fruit and Crop/ Adoption of Entire Chapter -Adoption of Chapter 26 Fumigation and Insecticidal Fogging/ Adoption of the Entire Chapter
-Adoption of Chapter 27 Semiconductor Fabrication Facilities/ Adoption of the Entire Chapter
-Adoption of Chapter 28 Lumber Yards/ Adoption of the Entire Chapter -Adoption of Chapter 29 Manufacture of Organic Coatings/ Adoption of the Entire Chapter -Adoption of chapter 30 Industrial Oven/Adoption of Entire Chapter -Adoption of Chapter 31 Tents, Temporary special event structures and other membrane structures/ Adoption of the Entire Chapter
-Adoption of Chapter 32 High Piled Combustible Storage/ Adoption of Entire Chapter -Adoption of Chapter 33 Safety During Constructing/ Adoption of entire chapter -Adoption of Chapter 34 Tire Rebuilding and Tire Storage/ -Strikeout Exceptions for section 3405.4 Distance from lot line and buildings

1.11.2.4, distances of less than 10ft from lot lines or from buildings may be approved. 6a.3

2. When approved by the fire code official in accordance with section 1.11.2.4, exempted facilities defined in public resources code, section 42808(c) and 42831 and used tires as defined in section 42806.5, tire storage piles shall be permitted to be located no closer than 10ft from lot lines or from buildings. Tire storage piles shall not exceed 6 feet and height when within 20 feet of any property line or perimeter fencing. Side slopes shall not exceed 60 degrees.
-Adoption of Chapter 35 Welding and other Hot Work/Adoption of Entire Chapter -Adoption of chapter 36 Marinas/Adoption of the Entire Chapter -Adoption of Chapter 37 Combustible Fibers/ Adoption of the Entire Chapter -Adoption of Chapter 39 Processing and Extraction Facilities/ Adoption of Entire Chapter -Adoption of Chapter 40 Storage of Distilled Spirits and Wines/ Adoption of Entire Chapter - Adoption of Chapter 41 Temporary Heating and Cooling Operations/ Adoption of Entire Chapter
-Adoption of Chapter 48 Motion Picture and Television Production Studio Sound Stage, Approved Production Facilities and Production Locations/ Adoption of the Entire Chapter -Adoption of Chapter 50 Hazardous Materials/ Adoption of the Entire Chapter -Adoption of Chapter 51 Aerosols/ Adoption of the Entire Chapter -Adoption of Chapter 53 Compressed Gas/ Adoption of the Entire Chapter -Adoption of Chapter 54 Corrosives/ Adoption of the Entire Chapter -Adoption of Chapter 55 Cryogenic Fluids/Adoption of the Entire Chapter -Adoption of Chapter 56 Explosives and Fireworks/ Adoption of the Entire Chapter -Adoption of Chapter 57Flammable and Combustible Liquids/ Adoption of Entire Chapter - Adoption of Chapter 58 Flammable gases and flammable cryogenic fluids/ Adoption of Entire Chapter
-Adoption of Chapter 59 Flammable Solids/ Adoption of Entire Chapter -Adoption of Chapter 60 Highly Toxic and Toxic Materials/ Adoption of Entire Chapter -Adoption of Chapter 61 Liquified Petroleum Gases/Adoption of the Entire Chapter Adoption of Chapter 62 Organic Peroxides/ Adoption of the Entire Chapter 6a.3
-Adoption of Chapter 63 Oxidizers, oxidizing, gases and oxidizing cryogenic fluids/ Adoption of the Entire Chapter
-Adoption of Chapter 65 Pyroxylin Plastics/ Adoption of Entire Chapter -Adoption of Chapter 66 Unstable Materials/ Adoption of Entire Chapter -Adoption of Chapter 67 Water Reactive Solids and Liquids/ Adoption of Entire Chapter -Adoption of Chapter 80 Referenced Standards
-Adoption of Appendix Chapter; Special Detailed Requirements Based on Use and Occupancy
-Adoption of Appendix A, Board of Appeals
-Adoption of Appendix B- Fire flow requirements for buildings -Adoption of Appendix BB- Fire Flow Requirements for Buildings -Adoption of Appendix C- Fire Hydrant Locations and Distribution -Adoption of Appendix CC-Fire Hydrant Locations and Distribution -Adoption of Appendix D-Fire Apparatus Access Roads
-Adoption of Appendix E- Hazard Categories
-Adoption of Appendix F-Hazard Ranking
-Adoption of Appendix G-Cryogenic Fluids
-Adoption of Appendix H-Hazardous Materials Management Plan and Hazardous Materials Inventory Statements
-Adoption of Appendix I- Fire Protection Systems-noncomplaint conditions -Adoption of Appendix J-Building Information Sign
-Adoption of Appendix K- Construction requirements for existing ambulatory care facilities -Adoption of Appendix L- Requirements for Fire Fighters air replenishment systems -Adoption of Appendix M-High Rise Buildings- Retroactive Automatic Sprinkler Requirement
-Adoption of Appendix N- Indoor trade shows and exhibitions -Adoption of Appendix O-Valet Trash and Recycling Collection in group r-2 Occupanies 6a.3
-Adoption of Appendix P-Temporary Haunted houses, ghost walks and similar amusement uses
-Adoption of Appendix Q-Community Wildland Urban Interface (WUI) Fire Hazard Evaluation Framework
6a.3
ATTACHMENT 4
California Building Standards Code, 2025 Edition
SECTION 101

GENERAL
101.1 Title. The provisions of Brawley Municipal Code Section 7.2 shall be known as the “administrative provisions” and shall be cited as such. These administrative provisions, together with the technical codes adopted by the city council, will be referred to herein as "this code." 101.2 Scope. These administrative provisions shall serve as the administrative, organizational, and enforcement rules and regulations in support of the technical codes adopted by the City, which regulate the planning, design, site preparation, construction, alteration, relocation, enlargement, replacement, moving, demolition, repair, maintenance, operation, use and occupancy of buildings, structures, building service equipment and any appurtenances connected or attached to such buildings or structures within the City. The provisions of each of the technical codes shall apply as follows:
101.2.1 California Building Code. The provisions of the California Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, moving, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, may comply with either this code or the California Residential Code. 101.2.2 California Residential Code. The provisions of the California Residential Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, moving, maintenance, removal, and demolition of detached oneand two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height.

Exception: The following shall be permitted to be constructed by this code where provided with a residential fire sprinkler system complying with Section R313:

1. Live/work units located in townhouses and complying with the requirements of Section 419 of the California Building Code.

2. Owner-occupied lodging houses with five or fewer guestrooms.

3. A care facility with five or fewer persons receiving custodial care within a dwelling unit.

4. A care facility with five or fewer persons receiving medical care within a dwelling unit.

5. A care facility for five or fewer persons receiving care within a single-family dwelling. 6a.4
101.2.3 California Electrical Code. The provisions of the California Electrical Code shall apply to the installation, alterations, repairs, and replacement of electrical systems, including but not limited to electrical wiring, equipment, appliances, fixtures, devices, fittings and appurtenances, and other electrical-related systems, materials, parts, or components. 101.2.4 California Mechanical Code. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including but not limited to equipment, appliances, fixtures, fittings, and appurtenances, including ventilating, heating, cooling, air conditioning, and refrigeration systems, commercial kitchen equipment, incinerators, and other energy systems. The provisions of the California Mechanical Code shall also apply to the installation of gas piping from the point of delivery, gas appliances, and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and installing and operating residential and commercial gas appliances and related accessories. 101.2.5 California Plumbing Code. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair, and replacement of plumbing systems, including but not limited to, equipment, appliances, fixtures, fittings and appurtenances, and other equipment where connected to a water or sewage system and all aspects of a medical gas system. 101.2.6 California Energy Code. The provisions of the California Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.2.7 California Historical Building Code. The provisions of the California Historical Building Code shall apply to the preservation, restoration, rehabilitation, relocation, or reconstruction of buildings or properties designated as qualified historical buildings or properties.
101.2.8 California Fire Code. The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes, and premises concerning the following:

1. The hazard of fire and explosion arising from the storage, handling, or use of structures, materials, or devices.

2. Conditions hazardous to life, property, or public welfare in the occupancy of structures or premises.

3. Fire hazards in the structure or on the premises from occupancy or operation.

4. Matters related to the construction, extension, repair, alteration, or removal of fire protection systems.

5. Conditions affecting the safety of firefighters and emergency responders during emergency operations.
101.2.9 California Green Building Standards Code. The provisions of the California Green Building Standards Code shall apply to the planning, design, operation, construction, sustainability, use, and occupancy of all newly constructed and altered buildings or structures unless otherwise indicated in that code.
6a.4
101.2.10 California Existing Building Code. The provisions of the California Existing Building Code shall apply to the repair, alteration, change of use or occupancy, and addition to and relocation of existing buildings.

Exception: Existing detached one- and two-family dwellings and existing townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with either the California Existing Building Code or the California Residential Code.
101.2.10.1 Application of Fire Code to Existing Buildings. Where work regulated by this code is also regulated by the construction requirements for existing buildings in Chapter 11 of the California Fire Code, such work shall comply with applicable requirements in both codes.

The more restrictive requirement shall apply when conflict between the codes exists. 101.2.10.2 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the California Building Code or California Residential Code, as applicable, for new construction.
101.2.10.3 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change unless otherwise limited, restricted, or prohibited in the California Existing Building Code or the California Fire Code or as is deemed necessary by the Fire Code Official or Building Official for the general safety and welfare of the occupants and the public.
101.2.10.4 Building evaluation. The Fire Code Official and Building Official are authorized to require an existing building to be investigated and evaluated by a registered design professional when the Fire Code Official or the Building Official determines that such evaluation is necessary to safeguard the public health, safety, and welfare insofar as they are affected by a proposed repair, alteration, change of occupancy, change in use, addition, relocation of an existing building when unpermitted work has occurred when the building has been damaged or when the Fire Code Official or the Building Official determines that the building may be unsafe or dangerous. The design professional shall notify the Fire Code Official and the Building Official if any potential nonconformance with the California Existing Building Code provisions is identified or observed.
101.2.10.5 Safeguards During Construction. Construction work on existing buildings, including any related demolition, shall comply with the requirements of Chapter 15 of the California Existing Building Code.
101.3 Purpose. These administrative provisions aim to protect the public’s health, safety, and welfare as it pertains to building construction and the built environment and provide for the administration and enforcement of the technical codes adopted by the City. The purpose of the technical codes adopted by the City is to establish minimum building standards to safeguard public safety, health, and general welfare through sustainability, mitigation of environmental impacts, access to persons with disabilities, affordability, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to 6a.4
life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

SECTION 2

APPLICABILITY
102.1 Conflict between codes. Where there is a conflict between a general requirement and a specific requirement in the technical codes, the specific requirement shall be applicable. Where conflicts occur between the provisions of the technical codes and referenced standards, the provisions of the technical codes shall apply. Where conflicts between technical codes arise, the more restrictive requirement shall apply as determined by the Fire Code Official and the Building Official.
102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.
102.3 Application of references. References to chapter or section numbers or to provisions not specifically identified by number shall be construed to refer to such chapter, section, or provision of this code. Where references in this code are made to Chapter 1, Division II (Scope and Administration) of the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, or the California Existing Building Code, the corresponding applicable provisions contained within these administrative provisions shall apply.
102.4 References to prior code. Unless superseded and expressly repealed, references in City forms, documents, and regulations to the chapters and sections of this code previously adopted by the city council, shall be construed to apply to the corresponding provisions of this code.
102.5 Referenced codes and standards. The technical codes and standards referenced in this code and the other building and construction regulations contained in Chapter 7 of the Brawley Municipal Code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and other referenced codes and standards, the more restrictive provision shall apply.

Where there is a conflict between a general and specific standard, the specific standard shall be applicable. All reference to codes published by the National Fire Protection Association, the International Code Council, the International Association of Plumbing and Mechanical Officials, and other code publishing organizations listed within the referenced standards shall be replaced by similar equivalent provisions, if available and published in the California Building Standards Code as adopted and amended by the City of Brawley.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.
102.6 Appendices. Provisions in the appendices or annexes of the technical codes shall not apply unless such appendices or annexes or provisions in which they are contained have been specifically adopted.
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102.7 Partial invalidity. If any part or provision of this code is held to be illegal or void, this shall not have the effect of making any other parts or provisions void or illegal. 102.8 Existing installations of building service equipment. Unless otherwise explicitly required by federal, state, or local laws, regulations or ordinances, building, electrical, plumbing, mechanical, sustainability measures, energy systems and conveyance equipment, components, and systems lawfully in existence at the time of the adoption of the technical codes may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original approved design and a hazard to life, health, safety, or property has not been created by such building service equipment.
102.9 Existing occupancy. The legal use and occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically required by the California Existing Building Code, the California Historical Building Code, the California Fire Code, State Housing Law, this code or any other federal or state regulation preempting these regulations, as applicable.
102.10 Additions, alterations, or repairs. Additions, alterations, or repairs to any electrical, mechanical, or plumbing equipment, components, or systems or to any structure shall conform to the applicable requirements for new construction without requiring the entire existing structure or system to comply with all of the requirements of this code unless otherwise stated in this code. Additions, alterations, or repairs shall not cause an existing structure or electrical, mechanical, or plumbing equipment, component, or system to become unsafe or adversely affect the condition of the building. Additions, alterations, and repairs to structures shall comply with the minimum requirements of this code, as applicable. 102.11 Moved Buildings. Moved buildings shall comply with the California Existing Building Code.
102.12 Maintenance. Buildings, structures, and parts thereof, including but not limited to structural and nonstructural components, electrical, plumbing, and mechanical equipment, components, and systems, shall be maintained in a safe, sanitary, and proper operating condition. Devices or safeguards required by this code shall be held in conformance with the technical code edition under which it was installed. The owner or the owner's designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the Fire Code Official and the Building Official shall have the authority to require a building or structure to be re-inspected. The requirements of this chapter shall not provide the basis for the removal or abrogation of fire protection and safety systems and devices in existing structures.

SECTION 103

DEFINITIONS
For the purpose of these administrative provisions, specific terms, phrases, words, and their derivatives shall be construed as specified in this section or as otherwise defined in the applicable technical codes. Where terms are not defined, they shall have their ordinarily accepted meanings within the context in which they are used. Webster's Third New International 6a.4
Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meanings.
…ADDITION. See California Building Code Section 202.
…ALTER or ALTERATION. See California Building Code Section 202. …APPROVED. See California Building Code Section 202.
…ATTRACTIVE NUISANCE. See the definition for “Nuisance.” …BUILDING. See California Building Code Section 202.
…BUILDING, EXISTING. See California Building Code Section 202. …BUILDING OFFICIAL. See California Building Code Section 202. …BUILDING SERVICE EQUIPMENT. The plumbing, mechanical, electrical, and elevator equipment, including piping, wiring, ductwork, fixtures, and other accessories, components, and devices that provide sanitation, lighting, power, security, heating, ventilation, cooling, refrigeration, cooking, fire suppression, alarms, and transportation facilities essential to the occupancy of the building or structure for its designated use. …CITY. See Chapter 7 of the Brawley Municipal Code.
…DANGEROUS BUILDING. See the definition for “Unsafe Structure.” ….FIRE CODE OFFICIAL. See California Fire Code Section 202. …JURISDICTION. See California Building Code Section 202. …NUISANCE. (See definition in Brawley Municipal Code Section 16a.3) …OCCUPANCY is the purpose for which a building, or part thereof, is used or intended to be used.
…OWNER is any person, agent, firm, or corporation having a legal or equitable interest in the property.
…PARTY IN INTEREST means the record owner as the name and address of that person or entity that appears on the last equalized assessment roll and, if known, the person in actual or apparent charge and control of the premises involved, and if known, the holder of any mortgage, trust deed or other lien or encumbrance of ATTACHMENT A Draft Ordinance record or any other known beneficiary to the building or structure or the land upon which it is located, and if known, residential tenants of a property.
…PERMIT. See California Building Code Section 202.
…PERMIT VALUATION means the estimated total value of the work for which a permit is being issued, including labor, materials, overhead, and profit as determined by the Fire Code Official and the Building Official. Permit valuation shall include the total value of all work for building service equipment, such as electrical, gas, mechanical, plumbing, and other permanent systems or portions thereof for which a permit is being issued. Permit valuation shall include the value of all new, replaced, or altered casework, appliances, fixtures, equipment, and other items and 6a.4
appurtenances attached to or serving a building, structure, or appendage, in kind, based on current estimated replacement costs. Permit valuation shall also include the value of displays, shelving, or other elements or fixtures within or immediately adjacent to an accessible route as defined by the California Building Code. Cord and plug-connected equipment not otherwise regulated by this code shall be excluded from the calculation of permit valuation. …PERMITEE is the responsible party designated on a permit. The permittee shall either be the property owner, the property owner’s authorized representative, or a contractor licensed to perform or oversee the permitted work.
…PERSON. An individual, heirs, executors, administrators, or assigns, includes a firm, partnership, or corporation, its successors or assigns, or the agent of any of those described above.
…PUBLIC NUISANCE. See the definition for “Nuisance.”
…REPAIR. See California Building Code Section 202.
…STRUCTURE. See California Building Code Section 202.
…TECHNICAL CODES are those codes adopted by the city council in Chapter 7.3 of the Brawley Municipal Code containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of buildings and structures and building service equipment as herein defined. …THIS CODE refers to the provisions in this chapter and the technical codes adopted by the city council as amended herein.
…UNSAFE STRUCTURE. Any building or structure with any or all of the conditions or defects hereinafter described is an unsafe building, provided that such conditions or defects exist to the extent that the public's life, health, property, or safety or its occupants are endangered. For the purposes of this code, the term “dangerous building” is synonymous with the term “unsafe building.”
(a) Whenever any door, aisle, passageway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
(b) Whenever the walking surface of any aisle, passageway, path of travel, stairway, or other means of exit is so warped, worn, loose, torn, obstructed, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (c) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed for new buildings of similar structure, purpose, or location. (d) Whenever any portion of a building or structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose, or location.
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(e) Whenever any portion, member, or appurtenance of a building or structure thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(f) Whenever any portion of a building or structure, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place to be capable of resisting a wind pressure of one-half of that specified for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for such buildings. (g) Whenever any portion of a building or structure has cracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
(h) Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay, or inadequacy of its foundation; or (5) any other cause, is likely to partially or completely collapse.
(i) Whenever, for any reason, the building, structure, or any portion thereof, including equipment regulated by this code, is manifestly unsafe for the purpose for which it is being used.
(j) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
(k) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
(l) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated to become (1) an attractive nuisance to children or (2) a public nuisance or (3) freely accessible to persons to commit unlawful acts.
(m) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement of this code as applicable, including construction without a permit or prohibition pursuant to California Health and Safety Code Section 17920.3 or of any law or ordinance of this state or jurisdiction relating to the condition or location of said structure or building.
(n) Whenever any building or structure which, whether or not erected under all applicable laws and ordinances, has in any non-supporting part, member, or portion less than fifty percent, or in any supporting part, member, or portion less than sixty-six percent of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) weatherresisting qualities or characteristics, required by law in the case of a newly-constructed building of like area, height, and occupancy in the exact location. 6a.4
(o) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Health Officer, Fire Code Official or Building Official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. (p) Whenever any building, structure, or portion thereof, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, inadequate maintenance, damage from an earthquake, flood, fire, or another calamity, abandonment, exposure to hazardous materials, lack of sufficient fire-resistive construction, faulty electric wiring, defective or unsafe gas conditions or heating apparatus, unsanitary conditions or other cause, is determined by the Fire Code Official or Building Official to be a fire hazard, attractive nuisance, a hazard to life, safety or health of the public or occupants of the building.
(q) Whenever any building or structure is in such a condition as to constitute a public nuisance or as otherwise known to common law or equity jurisprudence. (r) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or portion thereof, or whenever any building or structure so abandoned for a period in excess of six months to constitute such building or portion thereof an attractive nuisance or hazard to the public. (s) Whenever any building or structure has been abandoned or becomes vacant, is dilapidated and unsecured or open at exterior doors or windows, leaving the interior of the building exposed to the elements or accessible to the entrance by trespassers or is otherwise an attractive nuisance or hazard to the public. (t) Whenever any building, structure, or portion thereof, whether structurally damaged or not, is dangerous to human life by reason of being located in an area that is unsafe due to hazards from landslide, settlement, slippage, or any other cause. (u) Whenever any building, structure, or portion thereof, because of unfinished, uninspected, or uncompleted work required under a building permit and where the permit for the work has expired, or uncompleted work that would have been required under a building permit but where no permit has been issued, is determined by the Fire Code Official or the Building Official to be a fire hazard, attractive nuisance, hazard to the life, safety, or health of the public or occupants of the building. (v) Whenever any building or structure is declared substandard as defined in Section 17920.3 of the California Health & Safety Code.

SECTION 104

BUILDING DEPARTMENT
104.1 Creation of enforcement agency. The Fire and Building departments are hereby created, and the official in charge thereof shall be known as the Fire Code Official and the Building Official, respectively.
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104.2 Appointment. The Building Official shall be appointed by the city manager. 104.3 Deputies. With the approval of the city manager, the Building Official shall have the authority to appoint deputy building officials, technical officers, inspectors, plans examiners, and other employees or official representatives of the building department. Such employees or official representatives shall have powers delegated by the Building Official.

SECTION 105

DUTIES AND POWERS OF THE FIRE CODE OFFICIAL AND THE BUILDING OFFICIAL 105.1 General authority. The Fire Code Official and the Building Official are hereby authorized and directed to enforce the provisions of this code. The Fire Code Official and the Building Official shall have the authority to render interpretations of this code and adopt policies and procedures to clarify the application of its provisions. Such interpretations, policies, and procedures shall conform with the code's intent and purpose. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. The Fire Code Official and the Building Official are hereby authorized to request the assistance and cooperation of other officials of this jurisdiction or other individuals, agencies, departments, or organizations so far as required in the discharge of the duties under this code or other pertinent law or ordinance.
105.1.1 Authorization to investigate. The Fire Code Official and the Building Official are authorized to investigate the cause, origin, and circumstances of any fire, explosion, or other hazardous condition.
105.1.2 Dangerous equipment. When the use of any electrical, plumbing, or mechanical equipment or its installations is found to be dangerous to human life, health, or property, the Fire Code Official and the Building Official shall have the authority to have the premises disconnected from their source of electric, gas, or water supply as applicable. The Fire Code Official or the Building Official shall provide written notice of such disconnection, and the causes shall be given within 24 hours to the owners, the occupant, or both, of such building, structure, or premises. It shall be unlawful for any person to reconnect the equipment to its source of electric supply or to use or permit to be used electric power in any such electrical equipment until such causes for the disconnection have been remedied to the satisfaction of the Fire Code Official and the Building Official.
105.1.3 Delegation of authority. The Fire Code Official and the Building Official shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code. The Fire Code Official and the Building Official are authorized to deputize qualified individuals to post notices and placards and enforce this code on behalf of the Fire Code Official or the Building Official. 105.2 Applications and permits. The Fire Code Official and the Building Official shall receive applications, review construction documents, issue permits for the erection and alteration, demolition, and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 6a.4
105.3 Notices and orders. The Fire Code Official and the Building Official shall ensure that all necessary notices or orders are issued to ensure compliance with this code. 105.4 Inspections. The Fire Code Official and the Building Official are authorized to make all required inspections, or the Fire Code Official and the Building Official shall have the authority to accept reports of inspection by agencies or individuals approved by the Fire Code Official and the Building Official for the specific purpose. Reports of such inspections shall be in writing and prepared by a responsible officer of the approved agency or by the responsible individual. The Fire Code Official and the Building Official may seek and engage expert opinion as deemed necessary to report upon unusual technical issues that arise. 105.5 Identification. The Fire Code Official Building Official shall carry proper identification when inspecting structures or premises in performing duties under this code. 105.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Fire Code Official or the Building Official has reasonable cause to believe that there exists in a structure or upon premises a condition which is contrary to or in violation of this code which makes the structure or premises potentially unsafe, dangerous or hazardous, the Fire Code Official and the Building Official are authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises are unoccupied, the Fire Code Official and the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Fire Code Official and the Building Official shall have recourse to the remedies provided by law to secure access.
105.7 Department records. The Fire Code Official and the Building Official shall keep official records of applications received, permits and certificates issued, collected fees, inspection reports, and notices and orders issued. Such records shall be retained in the City’s official records for the period required by the City or state for the retention of the specific public record. 105.8 Liability. The Fire Code Official or the Building Official or their designee, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by a legal representative of the jurisdiction until the final termination of the proceedings. The Fire Code Official , the Building Official, or any subordinate shall not be liable for cost in any action, suit, or proceeding instituted in pursuance of the provisions of this code. 105.9 Approved materials and equipment. Materials, equipment, and devices approved by the Fire Code Official or the Building Official shall be constructed and installed in accordance with such approval.
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105.9.1 Used materials and equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Used materials, equipment, and devices shall not be reused unless approved by the Fire Code Official and the Building Official. 105.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Fire Code Official or the Building Official shall have the authority to grant modifications for individual cases, provided the Fire Code Official, and the Building Official shall first find that the specific circumstance makes the strict letter of this code impractical. The modification is in compliance with the intent and purpose of this code, and such modification does not lessen health, accessibility, life, and fire safety requirements or structural requirements. The details of granting the modification shall be recorded and entered in the building department files.
105.11 Alternative materials, design, and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has first been approved. The Fire Code Official and the Building Official shall have the authority to approve an alternative material, design, or construction method upon application of the owner or the owner's authorized agent. The Fire Code Official and the Building Official shall first find that the proposed design or method is satisfactory and complies with the intent of the provisions of this code and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety. Compliance with the specific performance-based provisions of the California Building Standards Code shall be an alternative to the specific requirements of this code. Where the alternative material, design, or construction method is not approved, the Fire Code Official and the Building Official shall respond in writing, stating why the alternative was not approved.
105.11.1 Research reports. Supporting data may be required by the Fire Code Official or the Building Official where necessary to assist in the approval of materials or assemblies not specifically provided for in this code. Supporting data may consist of valid research reports, test reports, or manufacturer’s data from sources approved by the Fire Code Official or the Building Official.
105.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Fire Code Official and the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Fire Code Official and the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Fire Code Official and the Building Official for the period required for retention of public records for his type of record.

SECTION 106

PERMITS
6a.4
106.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy or use of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system or component thereof or any accessible feature, element or component, the installation of which is regulated by this code or to cause any such work to be done, shall first make application to the Fire Code Official and the Building Official and obtain the required permit. 106.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical, or plumbing installation, the Fire Code Official and the Building Official are authorized to issue an annual permit upon application, therefore, to any person, firm, or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit. 106.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such an annual permit. The Fire Code Official and the Building Official shall have access to such records at all times, or such records shall be filed with the Fire Code Official and the Building Official as designated.

Building:

1. One-story detached accessory buildings and structures used as tool and storage sheds, playhouses, trellises, arbors, gazebos, pergolas, shade structures for other than motor vehicles, and similar uses when located on a parcel that contains an existing one- or two-family dwelling, or a Group R or Group U Occupancy building, provided that the building or structure complies with the development regulations of Brawley Municipal Code Title 19, and the floor area does not exceed 120 square feet, and the total height does not exceed 9 feet, and the structure contains no plumbing, electrical wiring or heating appliances or equipment. The permit exemption provided in this paragraph shall not apply to accessory buildings or structures used as habitable space, workshops, studios, offices, pool houses, guest rooms, mechanical or equipment rooms, or other rooms or spaces commonly occupied or used to shelter installed mechanical equipment.

2. Fences constructed of other than stone, masonry, or concrete, not over 7 feet in total height. Fences constructed of stone, masonry, or concrete, not over 6 feet in total height.

3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall and retaining not more than 3 feet of material, unless supporting a surcharge or impounding Class I, II, or IIIA liquids.

4. Water tanks are supported directly upon grade if the capacity does not exceed 5,000 gallons, and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks, walkways, nonstructural concrete slabs, and driveways not more than 30 inches above adjacent grade and not over any basement or story below, and are not part of an accessible route.

6. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work not otherwise altering building service equipment or subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

7. Temporary motion picture, television, and theater stage sets and scenery. 6a.4

8. Prefabricated swimming pool accessories to a detached one-or two-family dwelling that are less than 18 inches deep, do not exceed 5,000 gallons, and are installed entirely above ground.

9. Shade cloth or similar structures constructed for nursery or agricultural purposes, located within an Agriculture zoning district.

10. Swings and other playground equipment with a projected area of less than 120 square feet and are accessories to detached one- and two-family dwellings not subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

11. Window awnings for Groups R-3 and U occupancies and for detached one-and twofamily dwellings supported by an exterior wall that does not project more than 54 inches from the exterior wall and does not require additional support.

12. Recovering of awnings on a previously approved existing framework.

13. Decks subject to the requirements of the California Residential Code not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a building, and do not serve a required exit door or an accessible route.

14. Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height and work not otherwise subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

15. A tree house that does not exceed 64 square feet in floor area and 8 feet in height measured from the top of the treehouse floor to the highest point on the roof and does not exceed a total height of 15 feet measured from grade plane to the top of the treehouse floor or highest point on the roof whichever is higher. For the purposes of this exemption, a tree house is defined as a non-habitable play structure supported in whole or in part by a tree.

16. Flagpoles that are freestanding and not erected upon a building or structure and not more than 15 feet in height above grade plane.

17. In-kind-repair or replacement of 32 square feet or less of drywall, siding, stucco, or roofing within any 12- month period.

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting.

2. Reinstallation of existing attachment plug receptacles, but not the outlets therefore.

3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.

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

5. Minor repair work, including installation or replacement of equipment such as lamps and electric utilization equipment approved for connection to approved permanently installed receptacles.

6. Electrical equipment used for radio and television transmissions, except equipment and wiring for a power supply and the installation of towers and antennas.

7. Installation of any temporary system required for the testing or servicing of electrical equipment or apparatus or the process of manufacturing, testing, servicing, or repairing electrical equipment or apparatus.
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8. Replacement of flush or snap switches, fuses, lamp sockets, receptacles, contactor or control devices, and other minor maintenance and repair work, such as replacing worn cords and tightening connections on a wiring device.

9. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.

10. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

11. Installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution, or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

Mechanical:

1. A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.

2. A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by this code.

3. Replacement of any minor component part or assembly of an appliance that does not alter its original approval of the equipment and complies with other applicable requirements of this code.

4. Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less and refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of this code.

5. A plug-and-cord connected unit refrigeration system.

6. Portable plug-and-cord connected cooking or clothes-drying appliances.

7. Portable plug-and-cord connected ventilation or cooling equipment.

8. Portable plug-and-cord connected evaporative cooler.

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

Plumbing:

1. The stopping of leaks in drains, water, soil, waste, or vent pipes; provided, however, that if any concealed trap, drainpipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with 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.

3. Exterior rainwater catchment systems used for outdoor non-spray irrigation with a maximum storage capacity of 5,000 gallons where the tank is supported directly upon grade and the ratio of height to diameter or width does not exceed 2 to 1 and does not require electrical power or a makeup water supply connection.

4. Exterior rainwater catchment systems used for spray irrigation with a maximum storage capacity of 360 gallons.
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106.2.1 Emergency repairs. Where equipment replacements and repairs must be performed immediately due to unforeseen circumstances where immediate action must be taken to protect life, health, safety, or property, a permit application shall be submitted for the emergency repair within the next building department working business day to the Fire Code and the Building Official.
106.2.2 Minor Repairs. For uses subject to the California Residential Code or the California Existing Building Code, application or notice to the Fire Code Official or the Building Official is not required for ordinary or minor maintenance or repairs to structures, including minor damage to nonstructural members, the 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, change, or rearrangement of parts of a structure affecting any required means of egress or accessibility requirements; nor shall ordinary repairs include an addition to, alteration of, replacement or relocation of any 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. 106.2.3 Public service agencies. A permit shall not be required for the installation, alteration, or repair of generation, transmission, distribution, metering, or other related equipment that is under the ownership and control of public service agencies by established right. 106.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building department for that purpose.

Such application shall:

1. Identify and describe the work to be covered by the permit for which the 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.

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

4. Be accompanied by construction documents and other information as required herein.

5. State the estimated value of the proposed work.

6. Be signed by the applicant or the applicant's authorized agent. An electronic or digital signature incorporating any electronic process that indicates acceptance of an agreement or a record may be allowed by the Fire Code Official and the Building Official.

7. Give such other data and information as required by the Fire Code Official and the Building Official.
106.3.1 Action on application. The Fire Code Official and the Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application is incomplete or does not conform to the requirements of pertinent laws, the Fire Code Official and the Building Official shall reject such application and stipulate the reasons therefor to the applicant. The Fire Code Official and the Building Official 6a.4
are authorized to reject a permit application when a notice of violation or notice of unsafe structure has been issued for the property for which the permit is being applied unless the permit application otherwise includes the abatement of the violations or unsafe conditions in the scope of work for the permit. If, in the sole opinion of the Fire Code Official or the Building Official, the construction documents, including plans, specifications, reports, and calculations, lack sufficient information to show compliance with this code, are inaccurate, are not easily readable, are incomplete, or do not conform to the requirements of pertinent laws, the Fire Code Official and the Building Official shall reject such application and state in writing the reasons therefor. If the Fire Code Official and the Building Official are satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Fire Code Official and the Building Official shall issue a permit therefor as soon as practicable. 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the Fire Code Official and the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing, and justifiable cause demonstrated.
106.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or approval of, any violation of any provision 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 Fire Code Official or the Building Official from requiring subsequent correction of errors in the construction documents and other data. The Fire Code Official and the Building Official are also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of the City.
106.5 Expiration of permit. Every permit issued shall become invalid after 4 years from the date of issuance. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 12 months days after the time the work is commenced. For the purposes of this section, work shall be considered commenced if a regular inspection has been requested by the permittee and a required inspection of work performed has been conducted by a City building inspector within 12 months after the issuance of the building permit. For the purposes of this section, work shall be considered abandoned if no required inspection has been conducted by a City building inspector within 12 months after work has commenced. The Fire Code Official and the Building Official are authorized to grant, in writing, one or more extensions of time, for periods, not more than 180 days each. The Requests for extension shall be made by the permittee in writing, and justifiable cause demonstrated.
106.6 Suspension or revocation. The Fire Code Official and the Building Official are authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is 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. 6a.4
106.7 Placement of permit. The building permit or copy thereof shall be kept on the site of the work until the completion of the project. The project inspection record card and approved plans for the permit, if any, shall be available for use by the Fire Code Official and the Building Official during inspections.
106.8 Responsibility of permittee. It shall be the duty of the permittee and every person who performs work on a new or existing building or structure, including installation or repair of a building, or structure, or of accessibility features, electrical, gas, mechanical, or plumbing systems of a building or structure for which this code is applicable, to comply with this code.

Building permits shall be presumed to incorporate the provision that the permittee and those performing work on behalf of the permittee will carry out the proposed work in accordance with the approved plans, with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code. 106.9 Preliminary inspection. Before issuing a permit, the Fire Code Official and the Building Official are authorized to examine or cause to be examined buildings, structures, and sites for which an application has been filed. The permit applicant shall be responsible for providing reasonable access for conducting the preliminary inspection and for the payment of any fee adopted by the City for said inspection.

SECTION 107

SUBMITTAL OF CONSTRUCTION DOCUMENTS
107.1 Submittal documents. Submittal documents consisting of the permit application, construction documents, statement of special inspections, geotechnical report, required checklists, energy reports, calculations, flood elevation documentation, equipment documentation, certifications, and other reports and data as determined necessary by the Fire Code Official and the Building Official shall be submitted in three printed sets with each permit application or in digital format if authorized by the Fire Code Official and the Building Official.

The Fire Code Official and the Building Official are authorized to suspend the processing of a permit application if the applicant fails to submit complete and correct submittal documents as required by the Fire Code Official or the Building Official. 107.1.1. Building evaluation. The Fire Code Official and the Building Official are authorized to require an existing building to be investigated and evaluated by a registered design professional and/or a California Certified Access Specialist (CASp) when determined necessary by the Fire Code Official and the Building Official due to the nature of the proposed work. The design professional and/or California Certified Access Specialist (CASp) shall notify the Fire Code Official and the Building Official if any actual or potential nonconformance with the provisions of this code is found.
107.2 Construction Documents. Construction documents shall be prepared by a registered design professional where required by state law or where due to the complexity or nature of the design or if special circumstances exist, the Fire Code Official or the Building Official determines at any time that construction documents, or a portion thereof, must be prepared by a registered design professional. The Fire Code Official and the Building Official are authorized to waive the 6a.4
submission of all or a portion of the construction documents or the information contained therein and any other information if it is determined that the nature of the work proposed does not require construction documents or a portion thereof to determine whether the proposed work is in compliance with this code.
107.2.1 Information on the construction documents. Construction documents shall be submitted with the application for a permit and drawn upon suitable material at a size and scale acceptable for readability and document imaging as determined by the Fire Code Official and the Building Official. Electronic media documents are permitted to be submitted when authorized by the Fire Code Official and the Building Official. Construction documents shall utilize common architectural drafting, symbols, graphics, and techniques and shall be of sufficient detail, clarity, and accuracy to correctly indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to the applicable provisions of this code and relevant laws, ordinances, rules, and regulations, as determined by the Fire Code Official and the Building Official. One or more copies of the construction documents listed below shall be prepared and submitted for approval when required by the Fire Code Official and the Building Official:

1. Site Plan

2. Design information and elevation certificates for structures within Flood Hazard Areas.

3. Grading and Drainage Plan

4. Erosion Control and Storm Water Pollution Prevention Plan.

5. Foundation Plan.

6. Floor Framing Plans.

7. Floor Plans.

8. Electrical Plans.

9. Mechanical and Duct Layout Plans

10. Ceiling Framing Plan

11. Roof Plan

12. Truss Layout Plan and Truss Design Documentation

13. Roof Framing Plan

14. Full Building Cross-Sections

15. Foundation Details

16. Framing or Structural Details

17. Architectural Details

18. Exterior Elevations

19. Interior Elevations
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20. Reflected Ceiling Plans

21. Plumbing Plan

22. Restaurant Equipment Plan

23. Landscaping & Irrigation Plan

24. Fire Protection System Plans and Shop Drawings

25. Accessibility Plans and Details

26. Means of Egress Plan

27. Any other plans or documentation needed to show compliance with this code, ordinances, or other regulations as determined by the Fire Code Official or the Building Official.
107.2.2 Building Design Information. When required by the Fire Code Official or the Building Official, construction documents shall include building design information including, but not limited to, applicable codes used, design occupancy classifications, construction type, building fire resistance rating, number of stories, building height, allowable and proposed building area, the inclusion of fire sprinkler system, allowable and proposed occupant load calculations, exiting calculations, calculations to determine the required number of restroom fixtures, accessible route of travel, disproportionate cost calculations, and path of travel deficiencies for accessibility hardship claims, structural design loads and criteria, structural wind and seismic categories, wind and seismic importance factors, structural calculations, design flood elevations, CALGreen checklists, and other pertinent design assumptions or information. 107.2.3 Manufacturer's installation instructions. Where required by the Fire Code Official and the Building Official, construction documents shall include the manufacturer's specification sheets and/or installation instructions.
107.2.4 Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive barrier, and details around openings. The construction documents shall include the manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used. 107.2.5 Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include the manufacturer's installation instructions.
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107.2.6 Restrictions on Loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure, or portion thereof, a load greater than is permitted by this code.
107.3 Examination of documents; plan review. When the Fire Code Official or the Building Official determines that the necessary submittal documents, construction documents, and building design information have been provided, the Fire Code Official and the Building Official shall examine or cause to be examined construction documents for compliance with this code and other pertinent laws and ordinances. The Fire Code Official and the Building Official may utilize or authorize the use of consultant services to perform all or a portion of the construction documents review. The applicant shall be responsible for the payment of all costs to conduct the plan review, and for the printing of approved plans. The Fire Code Official and the Building Official are authorized to withhold the approval of plans and a building permit application if approvals required by other governmental agencies or City departments pertaining to the work which is necessary for the work to be lawfully performed have not first been obtained. 107.3.1 Approval of construction documents. When the Fire Code Official or the Building Official issues a permit, the construction documents shall be approved in writing or by a stamp that reads, “APPROVED FOR PERMIT." One set of construction documents so reviewed shall be retained by the Fire Code Official and the Building Official. One set shall be returned to the applicant and shall be available at the site of work at all times and shall be open to inspection and use by the Fire Code Official or the Building Official, or his or her authorized representative. 107.3.2 Previous approvals. The issuance of a permit based on reviewed and approved plans and specifications shall not prevent the Fire Code Official or Building Official from thereafter requiring the correction of errors or omissions in said plans and specifications, or from preventing building operations being carried on thereunder when in violation of this code or of any other pertinent laws and ordinances of the City. This code shall not require changes in the construction documents, construction, or designated occupancy of a structure for which an unexpired permit exists to otherwise meet a new or different technical code other than those technical codes lawfully adopted and in effect at the time of permit issuance. 107.3.3 Phased approval and conditional authorization to proceed. The Fire Code Official and the Building Official are authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The permittee for the foundation or other parts of a building or structure shall proceed with the building operation at the permittee's own risk and without assurance that the work will be approved or that a permit for the entire structure will be granted.
107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents. Any changes or proposed changes in the work made during construction that is not in full conformance and compliance with the approved construction documents or the technical codes shall require the resubmittal of revised construction documents for approval by the Fire Code Official and the Building Official, as either an amended or full replacement set for the previously approved construction documents. The permittee or their designee shall be responsible for the payment of all costs to perform the plan review for amended construction documents. Any additional proposed work that was not otherwise shown 6a.4
or specified on the approved plans for an active permit or that would otherwise increase the valuation of an active permit shall require a new permit unless determined otherwise by the Fire Code Official or the Building Official.
107.5 Design professional in responsible charge. When it is required that documents be prepared by a registered design professional, the Fire Code Official and the Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in the responsible charge who shall perform the duties required of the originally registered design professional in the responsible charge. The Fire Code Official and the Building Official shall be notified in writing by the owner of the registered design professional in responsible charge if changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal documents, for compatibility with the design of the building. 107.6 Deferred submittals. For the purposes of this section, deferred submittals are defined as required documentation listed as deferred submittals on the approved plans but are not submitted for building department approval until after the permit has been issued. Deferral of any submittal items shall receive prior approval from the Fire Code Official and the Building Official. The registered design professional in responsible charge or the project designer shall list the deferred submittals on the construction documents for review by the Fire Code Official and the Building Official. Deferred submittal documents shall be submitted to the registered design professional in responsible charge, if any, who shall review them and forward them to the Fire Code Official and the Building Official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. Deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Fire Code Official and the Building Official. The permittee or their designee shall be responsible for the payment of all costs to perform the plan review for deferred submittal documents.
107.7 Retention of construction documents. One set of approved construction documents shall be retained by the Fire Code Official and the Building Official in accordance with the City’s records retention policy, or as otherwise required by state law.

SECTION 108

TEMPORARY STRUCTURES AND USES
108.1 General. The Fire Code Official and the Building Official are authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to the time of service but shall not be permitted for more than 180 days. The Fire Code Official and the Building Official are authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements as necessary to ensure the health, safety, and general welfare of the public and those using the 6a.4
temporary structure and shall comply with the applicable requirements of Chapter 31 of the California Building Code.
108.3 Temporary power. The Fire Code Official and the Building Official are authorized to give permission to temporarily supply and use power in parts of an electric installation before all work has been fully completed. The parts covered by the temporary authorization shall comply with the applicable requirements of the technical codes.
108.4 Termination of approval. The Fire Code Official and the Building Official are authorized to terminate a permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

SECTION 109
FEES
109.1 Payment of fees. Fees shall be assessed in accordance with the provisions of this section and applicable state law. Permit applicants, permittees, and persons in violation of any provision of this code shall pay all fees necessary to cover the full cost of providing the building department service related to the permit, activity, or enforcement action in accordance with the schedule of fees adopted by the city council. A permit shall not be valid until applicable fees adopted by resolution or ordinance of the city council or otherwise prescribed by law have been paid, nor shall an amendment to a permit be approved until an additional fee to review and approve the amendment, if any, has been paid.
109.2 Schedule of fees. Fees for building department services necessary to bring violations of this code into compliance, verify conformance with the technical codes, or reimburse the jurisdiction for services rendered shall be paid in accordance with the fee schedule established by resolution or ordinance of the city council.
109.3 Permit inspection fees. The inspection fees for each permit shall be as set forth in the fee schedule adopted by the city council. When the permit holder’s work is incomplete or changed so as to require more than one additional inspection, an additional inspection fee shall be charged at the hourly rate set forth in the fee schedule. When additional inspection fees are assessed, they shall be paid prior to scheduling any further inspections. 109.4 Plan Review Fees. The plan review fees specified in this section are separate from and in addition to permit inspection fees. The plan review fee to review compliance with the technical codes shall be as set forth in the fee schedule adopted by the city council. When submitting an application for a building permit, the applicant shall pay a plan review deposit in an amount determined by the Fire Code Official and the Building Official to defray all or a portion of the cost to review the plans and other construction documentation associated with the permit application. Any portion of the deposit that is unused for plan review purposes shall be applied towards inspection and other fees assessed on the permit. If the plan review deposit exceeds the total cost of the permit, a refund of the unused balance of the deposit shall be issued to the applicant at no additional charge. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal documents, an additional plan review fee shall be charged at the hourly rate set forth in the fee schedule adopted by the city council.
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109.5 Other Fees. The city council may adopt other fees for services to be charged in connection with the issuance of a building permit or the delivery of services by the building department.
109.6 Investigation fee; work commencing or continuing without a permit. Any person who commences or continues work requiring a permit on a building, structure, site, electrical system, mechanical system, plumbing system, or conveying system without first obtaining or otherwise maintaining required permits and required inspection approvals shall be subject to an investigation fee adopted by the city council. The investigation fee shall be in addition to any other fee charged and shall be imposed under this section to defray the costs incurred by the City in connection with its duties to monitor, review, investigate, and enforce this code. 109.7 Related fees. The payment of the fee for the construction, alteration, removal, or demolition work done in connection with, or concurrently with, work authorized by a building permit shall not relieve the applicant or permittee from the payment of other fees that are prescribed by law or adopted by the City.
109.8 Refunds. The Fire Code Official and the Building Official may establish a refund policy and may authorize refunding of a fee paid hereunder which was erroneously paid or collected or for which services were not rendered or were only partially rendered. 109.9 Building permit valuation. The applicant for a permit shall provide an estimated value of the work at the time of application. The estimated value of work shall include the total value of all work, including materials, equipment, labor, overhead, profit, general conditions, and other costs associated with the work for which the permit is being issued. The Fire Code Official and the building official shall establish the permit valuation based on published valuation data as updated from time to time. If, in the opinion of the Fire Code Official or the Building Official, the published valuation data are not readily available or are over or underestimated based on the actual work of the project, the Fire Code Official or the Building Official may utilize any other reasonable or appropriate means of determining the building permit valuation, including, but not limited to, using the applicant’s estimated value of work, obtaining detailed and complete cost estimates provided by the applicant, or applying construction cost estimating manuals. Final permit valuation shall be determined and set by the Fire Code Official and the Building Official.

SECTION 110

INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Fire Code Official and the Building Official or their designees, and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. 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. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the Fire Code Official nor the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 6a.4
110.2 Preliminary inspection. Before issuing a permit, the Fire Code Official and the Building Official are authorized to examine or cause to be examined buildings, structures, and sites for which an application has been filed.
110.3 Required inspections. The Fire Code Official or the Building Official or their designees, upon reasonable notification, shall make the inspections set forth herein. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the enforcing agency. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place.

For concrete foundations, any required forms and reinforcing steel shall be in place prior to inspection. Materials for the foundation shall be on the job site except where concrete is readymixed in accordance with ASTM C 94. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping, or other ancillary building trade products or equipment are installed, but before any concrete is placed or floor sheathing is installed, including the subfloor. 110.3.3 Plumbing, mechanical, gas, and electrical systems inspection. Rough inspection of plumbing, mechanical, gas, and electrical systems shall be made prior to covering or concealment before fixtures or appliances are set or installed, and prior to framing inspection. 110.3.4 Lowest floor elevation in flood hazard areas. In flood hazard areas as established by the flood damage prevention regulations of the City, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the Fire Code Official and the Building Official shall require submission of a flood elevation certificate, prepared, and sealed by a registered design professional.
110.3.5 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking, and bracing are in place; and following the installation and inspection approval of all pipes, chimneys, vents, rough electrical, rough plumbing, rough mechanical, and all other work that will be concealed by or within the framing. 110.3.5.1 Moisture content verification. When required by the California Green Building Standards Code, the moisture content of framing members shall be verified. 110.3.5.2 Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected, and approved. 110.3.6 Masonry inspection. Inspection of masonry construction, including reinforcing steel, shall be made prior to grouting cells.
110.3.7 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior are in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. 110.3.8 Fire- and smoke-resistant penetrations and fire-resistance-rated construction inspection. Where fire-resistance-rated construction is required between dwelling units or due 6a.4
to location on the property, the Fire Code Official and the Building Official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers, and smoke partitions shall not be concealed from view until inspected and approved. 110.3.9 Energy efficiency. Inspections shall be made to determine compliance with the California Energy Code and shall include, but not be limited to, inspections for envelope insulation, fenestration, duct systems, electrical lighting and controls, heating, ventilating, and air conditioning equipment and controls, and water-heating equipment. 110.3.10 Other inspections. In addition to the inspections stated herein, the Fire Code Official or the Building Official may make or require any other inspections to ascertain compliance with this code and other laws enforced by the Fire Code Official and Building Official. 110.3.10.1 Special inspections. Special inspections shall be performed in accordance with chapter 17 of the California Building Code.
110.3.10.2 CALGreen inspections. Inspections shall be made to determine compliance with the California Green Building Code. Said inspections shall be made by a special inspector, hired by the permit holder, at the sole cost of the permit holder, and approved by the Fire Code Official and the Building Official. In lieu of special inspections, the Fire Code Official or the Building Official, or their designees, shall have the authority to conduct CALGreen inspections and/or utilize written documentation to verify compliance with the California Green Building Code.
110.3.10.3 Contractor self-certification of work performed. In lieu of performing certain designated inspections and as a method of verifying compliance with a specific requirement of the technical codes, the Fire Code Official and the Building Official may, at their sole discretion, accept a signed self-certification statement from a licensed contractor or other qualified individual certifying that the specific work or requirement has been properly installed or completed in accordance with the requirements of the technical codes. 110.3.11 Final inspection. The final inspection shall be made after the permitted work is complete. The building, or portion thereof where the work occurred, shall not be used or occupied until all work has been approved by the building department and a certificate of occupancy has been issued by the Fire Code Official or the Building Official. 110.3.12 Waiving of inspections for minor work. The Fire Code Official or the Building Official may authorize the waiver of inspections for minor work or elements if the Fire Code Official and the Building Official find that the nature or scope of the minor work is not likely to be a violation of the technical codes or a risk to life, health, safety, or property. 110.4 Inspection agencies. The Fire Code Official and Building Official are authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability, as determined by the Fire Code Official and the Building Official. 110.5 Inspection requests. It shall be the duty of the permit holder or their agent to notify the Fire Code Official and the Building Official that such work is ready for inspection. The Fire Code Official and the Building Official shall cause to have the work inspected in accordance with the inspection request or as soon thereafter as the Fire Code Official and the Building Official’s 6a.4
schedule may permit, subject to scheduling availability. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work. The Fire Code Official and the Building Official are authorized to withhold any requested inspection where there is reason to believe that the work has been changed from what is shown on the approved plans and no plan amendment for the changed work has been approved by the Fire Code Official and the Building Official. 110.6 Approval required. Work shall not be performed beyond the point indicated in each successive inspection without first obtaining the approval of the Fire Code Official and the Building Official. The Fire Code Official and the Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed or shall notify the permit holder or an agent of the permit holder of any noted violations found or corrective work required to proceed with or complete the inspected portion of the work. Any portion of the work that does not comply with this code shall be corrected, and such portion shall not be covered, concealed, or used until authorized by the Fire Code Official and the Building Official.

SECTION 111

CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy. No new, relocated, or altered building or structure, or portion thereof, shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure, or portion thereof, shall be made until the Fire Code Official or the Building Official has issued a certificate of occupancy therefor as provided herein.

The Fire Code Official and the Building Official are authorized to allow the use or occupancy of an altered building or portion thereof, while the building is being altered when the Fire Code Official and the Building Official find that the nature of the work does not pose a significant hazard to the occupants or the public. The Fire Code Official and the Building Official are authorized to withhold the issuance of a certificate of occupancy when the work performed or required to be performed does not receive all required inspection approvals. 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 City. A certificate of occupancy presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The Fire Code Official and the Building Official are authorized to withhold a certificate of occupancy or permit to use or occupy a structure if approvals are required by other governmental agencies or City departments having jurisdiction pertaining to the work, which is necessary for the work to be lawfully completed have not first been obtained.

Exceptions: A Certificate of Occupancy is not required for work exempt from a permit. 111.2 Change in use. Changes in the use or occupancy of an existing structure, or portion thereof, shall not be made except as specified in the California Existing Building Code and Chapter 11 of the California Fire Code.
111.3 Issuance of a Certificate of Occupancy. After the Fire Code Official and the Building Official inspect a building or structure and find that no violations of the provisions of this code or other laws that are enforced by the building department exist, and any other required approvals 6a.4
by City departments and other governmental agencies having jurisdiction have been obtained as required by Section 111.1, the Fire Code Official and the Building Official shall issue a certificate of occupancy which shall contain the following:

1. The building permit number.

2. The address of the structure.

3. The occupancy or use of the structure.

4. The name of the Fire Code Official or the Building Official or their designees approving the certificate.

5. The date the certificate is issued.

6. Any special stipulations or limitations of the use or occupancy.

In lieu of issuance of a separate certificate, the building permits, together with the completed and fully signed building permit inspection record, may serve as the certificate of occupancy when authorized by the Fire Code Official and the Building Official. 111.4 Temporary occupancy. The Fire Code Official and the Building Official are authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Fire Code Official and the Building Official shall set a time period during which the temporary certificate of occupancy is valid. A fee for the issuance of a temporary certificate of occupancy, if applicable, shall be paid by the applicant prior to its issuance in accordance with the City’s adopted fee schedule. In addition, as security to guarantee the satisfactory completion of all required work, the Fire Code Official and the Building Official may require the submittal to the building department of a refundable performance guarantee deposit in an amount equal to 100 percent of the estimated cost needed to complete the work, as determined by the Fire Code Official and the Building Official. The performance guarantee deposit shall be refunded to the originator of the deposit following the satisfactory completion of all required work and issuance of a final certificate of occupancy.
111.5 Revocation. The Fire Code Official and the Building Official are authorized to suspend or revoke, in writing, a certificate of occupancy or temporary certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error or on the basis of incorrect information or when it is determined by the Fire Code Official or the Building Official that the building or structure or portion thereof is in violation of the provisions of this code.

SECTION 112

SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections to a utility or source of energy for fuel, water, electricity, or sewer from any building or system that is regulated by this code for which a permit is required until approved by the Fire Code Official and the Building Official.
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112.2 Temporary connection. The Fire Code Official and the Building Official shall have the authority to authorize and approve a temporary connection of the building or system to the utility, the source of energy, fuel, water, sewer or power, provided that the Fire Code Official and the Building Official find that the temporary connection is safe for the purpose intended. 112.3 Authority to disconnect service utilities. The Fire Code Official and the Building Official shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by this code in case of an emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without first obtaining building department approval. The Fire Code Official and the Building Official shall notify the serving utility and, whenever possible, the owner, the owner’s authorized agent, and the occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

SECTION 113

MEANS OF APPEALS
113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Fire Code Official and the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall serve as the “local appeals board” and the “housing appeals board” pursuant to Sections 17920.5 and 17920.6 of the California Health and Safety Code. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Fire Code Official and the Building Official. 113.2 Limitations on authority. Any person, firm, corporation, or entity adversely affected by an order, decision, or determination made by the Fire Code Official and the Building Official related to the application or interpretation of this code may make an application for an appeal. In addition, any member of the city council may call up for review by the board of appeals any order, decision, or determination made by the Fire Code Official or the Building Official. 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 equivalent or better form of construction is proposed. The board shall not have the authority to waive the requirements of this code or interpret the administration of this code. 113.3 Decisions subject to appeal. Final orders, decisions, or determinations made by the Fire Code Official or the Building Official relative to the application and interpretation of this code are subject to appeal to the board of appeals.
113.4 Effect of failure to appeal. Failure to file an application for appeal in conformance with the requirements of Sections 113.5 and 113.6 shall constitute a waiver of the right to an administrative hearing on the matter.
113.5 Deadline for filing of appeal. All such appeals shall be initiated by filing with the City Clerk (with a copy to the Fire Code Official and the Building Official) a written application for appeal on a form provided by the City Clerk within 15 calendar days of the date the Fire Code 6a.4
Official’s or Building Official’s decision, notice or order (oral or written) that is properly served, together with any applicable fees pursuant to the fee schedule adopted by the city council. 113.6 Contents of application for appeal. The application for appeal shall state the nature and date of the decision being appealed, the name and address of the appellant and his/her interest in the matter, the property address which is the subject of the appeal, the specific action requested by the appellant to be taken by the appeal body, the signature(s) of the appellant(s), and, unless the appeal is by a member of the city council, the reasons (in conformance with Section 113.2, above) which, in the opinion of the appellant, render the decision unjustified or incorrect.
113.7 Staying of decision or order under appeal. The filing of the application for appeal shall have the effect of staying any decision or order of the Fire Code Official or the Building Official pertaining to said appeal or the issuance or granting of any permit, certificate, or other approval which is related to the appeal unless, at the sole discretion of the Fire Code Official or the Building Official, such decision, order or action is necessary to protect the life, health, safety, property or well-being of the public or occupants of the building. When the Fire Code Official or the Building Official makes said, determination, the Fire Code Official or the Building Official shall notify the appellant, in writing, that the decision, order, or action under appeal shall continue to be in effect until otherwise overturned by the board of appeals. 113.8 Hearing. Upon receipt of a timely filed application for appeal in proper form and payment of the required fee, the city clerk shall set a hearing date before the board of appeals no later than 60 days after the filing of the application for an appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. 113.9 Hearing request by Fire Code Official or Building Official. The Fire Code Official and the Building Official may, at any time, request a hearing be held by the board of appeals to review and affirm any final decision of the Fire Code Official and the Building Official. 113.10 Notice of hearing. Not less than 10 days prior to the hearing, the Fire Code Official and the Building Official shall serve or cause to be served either personally or by first class mail, postage prepaid, and a copy of the notice of hearing upon the appellant. 113.11 Action of board of appeals. Upon the conclusion of the appeal hearing, the appeal board shall render its decision, which shall be final and may not be appealed to the city council.

Notice of the final decision of the board shall be mailed to the appellant by first class mail, postage prepaid.
113.12 Administration of decision. The Fire Code Official and the Building Official shall take action in accordance with the decision of the board.

SECTION 114

VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure, or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code or any other provision of Chapter 7 of the Brawley Municipal Code. 6a.4
114.2 Notice of violation. The Fire Code Official and the Building Official are authorized to serve a notice of violation and order to abate on the affected property owner and, if known, the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, maintenance, use or occupancy of a building or structure in violation of the provisions of this code, or in violation of an order or corrective work required by the Fire Code Official or the Building Official, a correction notice or an approved plan, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The order shall also state that failure to comply with the notice or order and cure the violation within the time period allowed in the notice of violation and order to abate may result in the Fire Code Official or the Building Official recording the notice of violation and order to abate against the subject property.

The order shall advise the affected property owner and, if known, the person responsible for the violation, of their appeal rights pursuant to Section 113.3 herein. 114.3 Service of notice or order. The notice of violation and order to abate shall be deemed properly served if a copy thereof is (a) personally delivered to the record owner of the property involved or (b) sent by certified mail to the record owner of the property at the address listed on the last equalized county tax assessment roll with the return receipt requested. If the notice of violation and order to abate sent by certified mail is returned showing that it was not delivered, a copy of the notice of violation and order to abate shall be posted in a conspicuous place in or about the structure affected by such notice and a copy thereof mailed, by first class mail, to the record owner at the address listed on the last equalized county tax assessment roll. In addition to the methods of service set forth herein, the Fire Code Official and the Building Official are authorized to post one or more copies of a placard stating any restrictions pertaining to the use or occupancy of the structure and a copy of the notice of violation and order to abate in a conspicuous place in or about the structure affected by such notice. 114.4 Recording of notice or order. If the notice of violation and order to abate is not complied with in the time prescribed by such notice, the Fire Code Official and the Building Official are authorized to record with the County Recorder’s Office, after the expiration of said time period, said notice of violation and order to abate against the property with respect to which the violation exists. Said notice must specify the nature of the violation, the provisions of this code violated, when the Fire Code Official and the Building Official first learned of the existence of the violations, how much time the violator had to cure the violation, and the assessor’s parcel number and street address, if any, of the subject property. Following the recordation of the notice of violation, the Fire Code Official and the Building Official are not required to make any inspection or review of the premises to determine the continued existence of the cited violations.

It is the responsibility of the record owner, occupant, or another party in interest to comply with the above provisions and to notify the Fire Code Official and the Building Official when the violation has been corrected.
114.5 Rescission of recorded notice or order. Any person who desires to have recorded a notice rescinding the notice of violation must first obtain the necessary approvals and permit(s) to correct the violation. Once the Fire Code Official and the Building Official determine that the work covered by such permit(s) has been satisfactorily completed, the Fire Code Official and the Building Official shall, following a request made by the person requesting said rescission, record a notice rescinding the prior notice of violation. The person requesting said rescission shall be 6a.4
responsible for the payment of any fee adopted by the resolution of the city council for the rescission or termination of said notice.
114.6 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the Fire Code Official and the Building Official are authorized to request the legal counsel of the City to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
114.7 Violation penalties. Any person, firm, or corporation who violates a provision of this code or any other provision of Chapter 7 of the Brawley Municipal Code, fails to comply with any of the requirements thereof or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so, or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Fire Code Official and the Fire Code Official and the Building Official, or of a permit or certificate issued under the provisions of this code, is punishable as provided by Chapter 19F of the Brawley Municipal Code. Each violation shall constitute a separate offense for each, and every day such person, firm, or corporation violates or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so. A violation of this code or any other provision of Chapter 7 of the Brawley Municipal Code shall be deemed a public nuisance and is subject to nuisance abatement proceedings as provided by Chapter 16a.3 of the Brawley Municipal Code.

7.3 TECHNICAL CODES ADOPTED
Pursuant to Section 50022.2 of the California Government Code, the following technical codes are adopted by reference as described herein by the following sections of this Chapter:

A. 2025 California Building Code Volumes 1 and 2, based on the 2025 International Building Code published by the International Code Council;
B. 2025 California Residential Code, based on the 2025 International Residential Code published by the International Code Council;
C. 2025 California Electrical Code, based on the 2022 National Electrical Code published by the National Fire Protection Association and BNi Publications; D. 2025 California Mechanical Code, based on the 2025 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials; E. 2025 California Plumbing Code, based on the 2025 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials; F. 2025 California Energy Code published by the California Building Standards Commission; G. 2025 California Historical Building Code, published by the California Building Standards Commission;
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H. 2025 California Fire Code, based on the 2025 International Fire Code published by the International Code Council:

I. 2025 California Existing Building Code, based on the 2025 International Existing Building Code published by International Code Council;
J. 2025 California Green Building Standards Code published by the California Building Standards Commission;
K. 2025 California Referenced Standards published by the California Building Standards Commission;

7.4 THROUGH 7.11 RESERVED (AMENDMENTS)

7.12 BOARD OF APPEALS
The city council is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the Fire Code Official or the Building Official relative to the application and interpretation of the construction codes adopted by the City within this Chapter.

7.14 ENFORCEMENT AUTHORITY
Unless otherwise provided by ordinance or resolution of the city council, the Fire Code Official and the Building Official of the City are the enforcement officers for all provisions of the technical codes adopted herein, except that the Fire Code Official of the City shall be the enforcement officer for all provisions of the California Fire Code and amendments thereto and all building standards adopted by and subject to the enforcement authority of the California State Fire Marshal and published in the State Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal.
6a.4
City of Brawley
City Council
March 17, 2026
Agenda Item No 6b

STAFF REPORT
To: City Council
From: Cristhian Barajas, Development Services Director
Prepared by: Cristhian Barajas, Development Services Director Subject: Resolution Authorizing Application for $500,000 in HOME Investment Partnerships Program Funding
RECOMMENDATION:

Adopt a resolution authorizing the submittal of an application to the California Department of Housing and Community Development for funding under the HOME Investment Partnerships Program and, if selected for funding, authorizing the execution of a Standard Agreement, any amendments thereto, and any related documents necessary to participate in the HOME Investment Partnerships Program.

BACKGROUND INFORMATION:

The City of Brawley was awarded $500,000 in HOME Investment Partnership Program funds from the State of California Department of Housing and Community Development (HCD) on November 14, 2024.

HCD experienced delays in administering the program and has recently asked the City to amend the paperwork to allow the City to begin implementing it. To begin administering the program, the City needs to amend a resolution and submit a revised version to HCD.

The HOME program assists cities, counties, developers, Native American Entities, and nonprofit Community Housing Development Organizations (CHDOs) to create and retain affordable housing. The program provides grants to cities, counties, and federally recognized tribes, and low-interest loans to developers, including Native American Entities and state-certified CHDOs operating in state HOMEeligible jurisdictions.

Through the City’s Owner-Occupied Rehabilitation Program, HOME funds are administered to assist qualifying low to moderate income households in rehabilitating their homes. The City program supports single-family residential rehabilitation projects that produce modern, safe and quality housing for qualifying residents.

Households and individuals whose incomes do not exceed 80% of County median income, adjusted for family or household size, are eligible to participate in the City’s program. To participate, these homes must have been flagged for potential building code violations or a health and safety issue. Per the HOME Program 2025-2026 Single-Family Homeownership Value Limits for Acquisition or Rehabilitation of Existing Housing, the Imperial County maximum dollar amount per project is $379,000. 6b
The program is designed to provide qualified households with a 0% interest rate, deferred 20-year loan to rehabilitate their single-family dwelling with no additional debt. This year’s funding assistance to at least 4-5 homes in Brawley, including reconstruction. Examples of projects can include roofing repairs, windows, plumbing, electrical, flooring, and mechanical work. Only structural work is allowed to the existing house or unit (e.g., no patio/yard, fencing, landscaping, or new additional units). Total reconstructions are typically the most expensive type of project, which is why only a few projects can participate during a cycle.

The City assists with the management of each project’s funds, the work write-ups, the loan administration, the in-house design, and inspections. The City also has nine (9) contractors eligible to lead construction activities. Contractors are paid out as four parts (30%,30%,30%,10%). Once final inspections are complete and the Notice of Completion is recorded, HCD issues reimbursement.

During the last HOME grant cycle (2015), the City administered a similar amount of $500,000 and completed three (3) full reconstructions, disencumbering around $12,000 that were not used.

Other similar programs, such as CalHOME and CDBG from HCD and HUD, have been used to support the City’s Owner-Occupied Rehabilitation Program. For example, in 2018 the CDBG grant was split with the City’s Rehab ($250,000) and the City’s First Time Homebuyer programs ($250,000). The City of Brawley has about 30 years of program continuity.

The program is typically advertised via flyers attached to water bills, social media, and word of mouth.

The program's basis is available on the City’s webpage. While most applications have been submitted in person, it is likely that online applications will be possible once the City’s online permitting system is implemented. The Development Services staff currently has about 4 people awaiting application processing.

The program's future could be expanded if the City considers that more projects should be eligible to enter, which would require applying for additional funding in future iterations of the program.

FISCAL IMPACT:

The awarded $500,000 will allow the City to operate its Owner-Occupied Rehabilitation Program.

Under the HOME Program, the City utilizes a third-party loan administrator to manage the loans and is responsible for paying the associated loan administration fees, which are paid using Program Income funds. In addition, the HOME Program allows up to $12,000 for general administrative expenses, which will reimburse the General Fund for staff time associated with managing the program.

ALTERNATIVES:

No alternatives proposed.

ATTACHMENTS:

1. Resolution 2026-06 HOME Investment Partnerships Program REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):
6b
Staff, Title or Consultant, Agency Status
– Date of Status
Rebecca Terrazas-Baxter, City Manager Approved - 3/13/2026 Silvia Luna, Finance Director Approved - 3/13/2026
6b
RESOLUTION NO. 2026-06

SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF

SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY

RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM.

BE IT RESOLVED by the City Council of the City of Brawley as follows:

WHEREAS:

A. The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S.

Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200.

B. On January 19, 2024, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”).

C. In response to that HOME NOFA, City of Brawley a municipal corporation (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds.

IT IS NOW THEREFORE RESOLVED THAT:

1. In response to the above-referenced HOME NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Five Hundred Thousand Dollars ($500,000.00) for the following activities and/or programs:

Owner-Occupied Rehabilitation Program $487,500.00
General Administration $ 12,500.00

2. If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant will also execute a Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents).

3. The Applicant authorizes the City Manager and/or their designee(s) to execute, in the name of the Applicant, the HOME Standard Agreement.

4. The Applicant authorizes the City Manager and/or their designee(s) to execute, in the name of the Applicant, all other required documents.
6b.1
PASSED AND ADOPTED THIS 17th DAY OF MARCH 2026, BY THE FOLLOWING VOTE:

AYES:

NAYS:

ABSTAIN;
ABSENT:
"The undersigned, Ana Gutierrez, City Clerk of the Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the governing board of the Applicant passed and adopted at a duly convened meeting on the date set forth above, and said resolution has not been altered, amended, or repealed."

CITY OF BRAWLEY, CALIFORNIA
__________________________
JJ Galvan, Mayor
ATTEST:
_____________________________
Ana Gutierrez, City Clerk
6b.1

Brawley City CouncilMarch 17, 2026

Brawley City Council
March 17, 2026