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104.3.1 Construction Documents. Construction documents, engineering calculations, diagrams, and other data shall be submitted in two or more sets with each application for a permit. The construction documents, computations, and specifications shall be prepared by, and the plumbing designed by, a registered design professional. Construction documents shall be drawn to scale with clarity to identify that the intended work to be performed is in accordance with the code.
Exception: The Authority Having Jurisdiction shall be permitted to waive the submission of construction documents, calculations, or other data where the Authority Having Jurisdiction finds that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with the code.
104.3.2 Plan Review Fees. When plans or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be as set forth in the City of Hemet Fee Schedule. Upon submittal construction documents, this fee shall be due and payable before the construction documents will be reviewed.
The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5 and are in addition to the permit fees.
When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the City of Hemet Fee Schedule. 104.3.3 Fee Not Specified. When a plan review is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet, Building Division Schedule of Fees and Charges, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the plan review as set forth in the City of Hemet Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such plan review and extensions shall be charged at the FBHR for the staff classification performing such work.
104.3.4 Time Limitation of Application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, plans and other data submitted for review thereafter, shall be returned to the applicant or destroyed by the Authority Having Jurisdiction. The Authority Having Jurisdiction shall be permitted to extend the time for action by the applicant for a period not to exceed 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken and accompanied by a plan review extension fee as set forth in the City of Hemet Fee Schedule. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
104.4 Permit Issuance. The application, construction documents, and other data filed by an applicant for a permit shall be reviewed by the Authority Having Jurisdiction. Such plans shall be permitted to be reviewed by other departments of this jurisdiction to verify compliance with applicable laws under their jurisdiction. Where the Authority Having Jurisdiction finds that the work described in an application for permit and the plans, specifications, and other data filed therewith are in accordance with the requirements of the code and other pertinent laws and ordinances, and that the fees specified in
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Section 104.5 have been paid, the Authority Having Jurisdiction shall issue a permit therefore to the applicant.
104.4.1 Approved Plans or Construction Documents. Where the Authority Having Jurisdiction issues the permit where plans are required, the Authority Having Jurisdiction shall endorse in writing or stamp the construction documents "APPROVED." Such approved construction documents shall not be changed, modified, or altered without authorization from the Authority Having Jurisdiction, and the work shall be done in accordance with approved plans.
The Authority Having Jurisdiction shall be permitted to issue a permit for the construction of a part of a plumbing system before the entire construction documents for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed in accordance with the pertinent requirements of this code. The holder of such permit shall be permitted to proceed at the holder's risk without assurance that the permit for the entire building, structure, or plumbing system will be granted.
104.4.2 Validity of Permit. The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, a violation of the provisions of this code or other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.
The issuance of a permit based upon plans, specifications, or other data shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said plans, specifications, and other data or from preventing building operations being carried on thereunder where in violation of this code or of other ordinances of this jurisdiction.
104.4.3 Expiration. Every permit issued by the building official shall expire by limitation and become null unless work for which the permit was issued has not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced and no inspection of significant progress (as determined by the building official) is obtained for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after one year, the permittee shall pay a new full permit fee.
Exceptions:
1. Demolition permits shall be valid for a period not to exceed 60 days.
2. A permittee holding an unexpired permit may apply for an extension of the time when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once.
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3. Permits issued for work started prior to obtaining a building permit as required under section 104 shall be valid for a period not to exceed 30 days. If an inspection(s) are performed that can verify compliance with all code requirements at the current stage of construction, therein after the permit will be automatically extended per section 104.
4. Every permit issued by the building official for residential construction shall expire by limitation and become null unless work for which the permit was issued has not commenced within 365 days from permit issuance date.
104.4.4 Extensions. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to commence under that permit where the permittee is unable to commence work within the time required by this section. The Authority Having Jurisdiction shall be permitted to extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. 104.4.5 Suspension or Revocation. The Authority Having Jurisdiction shall be permitted to, in writing, suspend or revoke a permit issued under the provisions of this code where the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinance or regulation of the jurisdiction.
104.4.6 Retention of Plans. One set of approved construction documents and computations shall be retained by the Authority Having Jurisdiction until final approval of the work covered therein.
One set of approved construction documents, computations, and manufacturer's installation instructions shall be returned to the applicant, and said set shall be kept on the site of the building or work at times during which the work authorized thereby is in progress. 104.4.7 Unfinished buildings and structures. Whenever the building official determines by inspection that work in or on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period of 180 days or more, the owner of the property upon which such building or structure is located or other person or agent of control of said property, upon receipt of notice in writing from the building official to do so, shall, within 60 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the unpermitted work within 90 days from the date of written notice. 104.5 Permit Fees. On buildings, structures, plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the City of Hemet Fee Schedule. 104.5.1 Fee. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be twice the amount of all permit fees, required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the current City of Hemet Fee Schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
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104.5.2 Special Investigation Fee. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be twice the amount of all permit fees, required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the current City of Hemet, Building Division Schedule of Fees and Charges. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 104.5.3 Fee Refunds. The Building Official may authorize refunding of any fee paid hereunder in the following situations.
1. Wherein a fee was erroneously paid or collected.
2. The building official may authorize refunding of not more than 75 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done.
3. The building official may authorize refunding of not more than 75 percent of the permit fee when an application for permit is withdrawn or canceled before any inspections are performed.
The building official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment. Except for the refunding of fees paid in error no refund of permit or plan review fees shall be made where the permit or plan review fee paid is $100.00 or less.
105.0 Inspections and Testing.
105.1 General. Plumbing systems for which a permit is required by this code shall be inspected by the Authority Having Jurisdiction.
No plumbing system or portion thereof shall be covered, concealed, or put into use until inspected and approved as prescribed in this code. Neither the Authority Having Jurisdiction nor the jurisdiction shall be liable for expense entailed in the removal or replacement of material required to permit inspection.
Plumbing systems regulated by this code shall not be connected to the water, the energy fuel supply, or the sewer system until authorized by the Authority Having Jurisdiction. 105.2 Required Inspection. New plumbing work and such portions of existing systems as affected by new work, or changes, shall be inspected by the Authority Having Jurisdiction to ensure compliance with the requirements of this code and to ensure that the installation and construction of the plumbing system is in accordance with approved plans. The Authority Having Jurisdiction shall make the following inspections and other such inspections as necessary. The permittee or the permittee's authorized agent shall be responsible for the scheduling of such inspections as follows:
1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place.
2. Rough-in inspection shall be made prior to the installation of wall or ceiling membranes.
3. Final inspection shall be made upon completion of the installation.
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105.2.1 Uncovering. Where a drainage or plumbing system, building sewer, private sewage disposal system, or part thereof, which is installed, altered, or repaired, is covered or concealed before being inspected, tested, and approved as prescribed in this code, it shall be uncovered for inspection after notice to uncover the work has been issued to the responsible person by the Authority Having Jurisdiction.
The requirements of this section shall not be considered to prohibit the operation of plumbing installed to replace existing equipment or fixtures serving an occupied portion of the building in the event a request for inspection of such equipment or fixture has been filed with the Authority Having Jurisdiction not more than 72 hours after such replacement work is completed, and before a portion of such plumbing system is concealed by a permanent portion of the building. 105.2.1.1 Water Supply System. No water supply system or portion thereof shall be covered or concealed until it first has been tested, inspected, and approved. 105.2.1.2 Covering or Using. No plumbing or drainage system, building sewer, private sewer disposal system, or part thereof, shall be covered, concealed, or put into use until it has been tested, inspected, and accepted as prescribed in this code.
105.2.2 Other Inspections. In addition to the inspections required by this code, the Authority Having Jurisdiction shall be permitted to require other inspections to ascertain compliance with the provisions of this code and other laws that are enforced by the Authority Having Jurisdiction. 105.2.3 Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Authority Having Jurisdiction that such work is ready for inspection. The Authority Having Jurisdiction shall be permitted to require that a request for inspection be filed not less than 1 working day before such inspection is desired. Such request shall be permitted to be made in writing or by telephone, at the option of the Authority Having Jurisdiction.
It shall be the duty of the person requesting inspections in accordance with this code to provide access to and means for inspection of such work.
105.2.4 Advance Notice. It shall be the duty of the person doing the work authorized by the permit to notify the Authority Having Jurisdiction, orally or in writing, that said work is ready for inspection. Such notification shall be given not less than 24 hours before the work is to be inspected. 105.2.5 Responsibility. It shall be the duty of the holder of a permit to make sure that the work will stand the test prescribed before giving the notification.
The equipment, material, and labor necessary for inspection or tests shall be furnished by the person to whom the permit is issued or by whom inspection is requested. 105.2.6 Reinspections. A reinspection fee shall be permitted to be assessed for each inspection or reinspection where such portion of work for which inspection is called is not complete or where required corrections have not been made.
This provision shall not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.
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Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction.
To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with Table 104.5.
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
105.3 Testing of Systems. Plumbing systems shall be tested and approved in accordance with this code or the Authority Having Jurisdiction. Tests shall be conducted in the presence of the Authority Having Jurisdiction or the Authority Having Jurisdiction's duly appointed representative.
No test or inspection shall be required where a plumbing system, or part thereof, is set up for exhibition purposes and has no connection with a water or drainage system. In cases where it would be impractical to provide the required water or air tests, or for minor installations and repairs, the Authority Having Jurisdiction shall be permitted to make such inspection as deemed advisable in order to be assured that the work has been performed in accordance with the intent of this code. Joints and connections in the plumbing system shall be gastight and watertight tor the pressures required by the test. 105.3.1 Defective Systems. An air test shall be used in testing the sanitary condition of the drainage or plumbing system of building premises where there is reason to believe that it has become defective. In buildings or premises condemned by the Authority Having Jurisdiction because of an insanitary condition of the plumbing system, or part thereof, the alterations in such system shall be in accordance with the requirements of this code.
105.3.2 Retesting. Where the Authority Having Jurisdiction finds that the work will not pass the test, necessary corrections shall be made, and the work shall be resubmitted for test or inspection. 105.3.3 Approval. Where prescribed tests and inspections indicate that the work is in accordance with this code, a certificate of approval shall be issued by the Authority Having Jurisdiction to the permittee on demand.
105.4 Connection to Service Utilities. No person shall make connections from a source of energy or fuel to a plumbing system or equipment regulated by this code and for which a permit is required until approved by the Authority Having Jurisdiction. No person shall make connection from a water supply line nor shall connect to a sewer system regulated by this code and for which a permit is required until approved by the Authority Having Jurisdiction. The Authority Having Jurisdiction shall be permitted to authorize temporary connection of the plumbing equipment to the source of energy or fuel for the purpose of testing the equipment.
106.0 Violations and Penalties.
106.1 Penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1-8 of the Hemet Municipal Code. 106.2 Notice of Violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, enlargement, alteration, repair, moving,
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improving, removing, converting or demolishing, equipping, using, or maintaining mechanical systems or equipment in violation of this code, or in violation of a permit under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
106.3 Penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1-8 of the Hemet Municipal Code. Each separate day or portion thereof, during which a violation of this code occurs or continues, shall be deemed to constitute a separate offense.
106.4 Stop Orders. Where work is being done contrary to the provisions of this code, the Authority Having Jurisdiction shall be permitted to order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop work until authorized by the Authority Having Jurisdiction to proceed with the work. 106.5 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction 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. 106.6 Authority to Disconnect Utilities in Emergencies. The Authority Having Jurisdiction shall have the authority to disconnect a plumbing system to a building, structure, or equipment regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. 106.7 Authority to Condemn. Where the Authority Having Jurisdiction ascertains that a plumbing system or portion thereof, regulated by this code, has become hazardous to life, health, or property, or has become insanitary, the Authority Having Jurisdiction shall order in writing that such plumbing either be removed or placed in a safe or sanitary condition. The order shall fix a reasonable time limit for compliance. No person shall use or maintain defective plumbing after receiving such notice.
Where such plumbing system is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection shall be permitted to be made immediately without such notice.
Section 107 Board of Appeals
107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction.
The Building official shall be an ex officio member and shall act as secretary to said Board, but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules and procedures for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
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107.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board of Appeals shall have no authority relative to interpretation of administrative provisions of this Code, nor shall the board have authority to waive requirements of this code. 107.3 Appeal Hearing Fee. A fee, as provided in the current City of Hemet Fee Study shall accompany an application for a hearing before the Board of Appeals.
107.4 Special Purposes Members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) members shall be added who shall have a disability as defined by Section 202 of the California Building Code, 2022 Edition.
107.5 Notice of Appeal. Within the limitations provided for below, a person aggrieved by any order, act or determination of the building official or his subordinates, may appeal therefrom to the board of appeals. The appeal shall be taken by filing a written notice of appeal within 15 days, exclusive of holidays, after the date of making the order or determination or performing the act and by paying the appeal hearing fee. The notice of appeal must be in writing on a form provided by the city, and the notice must be filed and the fee paid at the office of the building official. The notice of appeal shall be sufficient to identify the act, order or determination appealed from and stated wherein it is erroneous or invalid. The operation of the act, order, or determination appealed from its suspended by the filing of the notice and appeal upon the determination of the appeal or termination of proceedings thereunder. 107.6 Hearing. The chairman of said board shall fix the time and place of hearing the appeal. The date of hearing shall not be less than 5 days nor more than 15 days after the date of filing the notice of appeal, and the hearing must not be postponed for more than ten days without good and sufficient cause. The board shall give written notice of the time and place of such hearing to the appellant and the officer or head of the department or division who act, order, or determination is appealed from.
Witnesses may be sworn and examined and evidence produced by interested parties, who may appear in person or by attorney. The board shall keep a record of each appeal and proceeding thereunder. At the conclusion of the hearing, the board shall prepare and file its written findings and decision. The affirmative vote of two-thirds of the board is necessary to modify or reverse the order, act or determination appealed from. The failure of the board to file its findings and decisions within five days after termination of the hearing shall result in the automatic confirmation of the order, act or determination appealed from.
107.7 Final Decision. Any person aggrieved or affected by a decision of the board may appeal to the city council from such decision at any time within ten days after the date upon which the board announces its decision or loses jurisdiction. AN appeal to the city council shall be taken by filling a letter of appeal with the building division and by concurrently paying to such division an appeal hearing fee in the amount established by the City of Hemet Fee Schedule. Such letter shall set forth the grounds upon which the appeal is based. Within 15 days after the receipt of the letter of appeal and the filing fee, the building division shall transmit to the city council the letter of appeal and the record of appeal at the board and the board’s findings and decisions. The city council may firm, reverse, or modify the decision of the board.
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107.8 Absence of Board of Appeals. I the event the board as established in Section 107.1 herein above should for any reason not be appointed by the city council or cease to exist after such appointment, the city council may serves as the board of appeals.
Section 108
Violations
108.1 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. 108.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, 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. 108.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction 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. 108.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 108.5 Violation Penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be set forth in Chapter 1-8 of the Hemet Municipal Code. 108.5.1 In addition thereto, violation of this code is declared to be a public nuisance, and the city attorney may institute necessary legal procedures for the abatement, removal or enjoinment thereof in the manner provided by law, or any take such other steps as he or she deems necessary to accommodate these ends.
Section 109
Stop Work Order
109.1 Authority. Where the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.
109.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.
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109.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
Sec. 14-62 – 14-64. Reserved.
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Division 8. California Energy Code
Sec. 14-65. Adoption
The 2022 California Energy Code, codified in Part 6 of Title 24 of the California Code of Regulations, as such code may be amended from time to time, except as hereinafter amended by this Division, is adopted by reference as the energy code of the City.
Secs. 14-66 – 14-69. Reserved
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Division 9. California Historical Building Code
Sec. 14-70. Adoption.
The 2022 California Historical Building Code, codified in Part 8 of Title 24 of the California Code of Regulations and as such code may be amended from time to time, except as hereinafter amended by this division, is adopted by reference as the historical code of the city.
Secs. 14-71 – 14-74. Reserved.
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Division 10. California Fire Code
Sec. 14-75. Adoption
The 2022 California Fire Code, codified in Part 9 of Title 24 of the California Code of Regulations, including appendices B, BB, C, CC, D, E, F, I, and H as such code and appendices may be amended from time to time, except as hereinafter amended by this Division, is adopted by reference as the fire code of the City.
Sec. 14-76. Amendments
Section 112.4 of Chapter 1 of the California Fire Code, 2022 Edition has been amended to read as follows:
112.4 Violation Penalties
Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction or misdemeanor punishable by a fine of not more than $1,000 or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section 112.4.1 of Chapter 1 of the California Fire Code, 2022 Edition has been adopted in its entirety and amended to read as follows:
112.4.1.1 Infraction and Misdemeanor
Persons operating or maintaining any occupancy, premises, or vehicle subject to this code that shall permit any fire or life safety hazard to exist on the premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the Fire Chief or duly authorized representative are guilty of a misdemeanor.
Section 505 of Chapter 5 of the California Fire Code, 2022 Edition is deleted in its entirety and amended to read as follows:
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. The address identification shall be displayed in such a manner as to be continuously displayed, non-moving, and readily visible and legible to emergency vehicles approaching from either direction along the public street on which the address is assigned at all time.
Non-continuous display signs, such as changing electronic or video displays are not permitted to be used as required address signs. Moving or non-fixed signs, such as flags are not permitted to be used as required address signs. In situations where there is a public entrance to a property, building, or complex
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in addition to the entrance from the public street the address is assigned, additional address number signs may be required to be displayed at those additional entrances. Buildings located on the property so that the required address displayed on the building is not visible from the public street fronting the property, additional address number signs will be required at the public street entrance to the property, driveway or private road, and at any intersecting points along the driveway or private road leading to the building. Address identification characters shall contrast with their background. 505.2 Address Number Assignment. Only address numbers or letters assigned and approved by the Building Division may be displayed on buildings; property and/or building owners are not allowed to display address numbers or letters which have not been approved by the Building Department. 505.3 Location. Address numbers or letters shall be displayed above the eve line of the building on the upper ¼ portion of the building or in a location on the building approved by the Fire Department.
Required address signs on building shall be placed at a height and location of the building so as to be readily visible from the public street fronting the building at all times. Required address signs shall not be placed at a height or location on the building where the address sign is visually obstructed, confused or camouflaged by other structures or buildings, building structural or decorative features, windows, glazing, or by expected locations of parked or stopped vehicles, other signs, trees or other existing or potential obstruction. Obstruction which are installed or occur after a required address sign is approved and installed, the Fire Department may require the relocation of the required address sign, or the removal of the obstruction.
505.4 Illumination. All addresses required to be displayed on a building or other permanent structure shall be illuminated during all hours of darkness. The source of illumination shall be controlled by a photoelectric device which causes the address to be illuminated automatically during all hours of darkness. Timer based control devices are not allowed to be used for the purposes of controlling address illumination. The address may be illuminated by a light source placed behind, within, or near the address. Examples of acceptable light sources include self-contained illuminated signs, landscape lighting decorative exterior building lighting and advertising lighting.
The power source for illumination of the address identification must be under the control of the building or property owner. Illumination from other ambient or nearby sources, such as street lights, advertising signs on nearby buildings, or other sources not controlled by the building or property owner are not considered sufficient for the purpose of required address illumination.
Exception: Addressing used to identify individual tenant spaces or suites at the interior entrance within, or rear exterior non-pubic access to commercial building need not be illuminated.
Special temporary address signs at construction sites and undeveloped properties need not be illuminated.
505.5 Color. All required address signs shall be of a color combination where the numbers contrast with the background at all times. Address numbers placed on windows or other glazing may appear to have an acceptable contrasting background during daylight hours, but may have an unacceptable non- contrasting background during hours of darkness. Reflective signs are acceptable, provided that when illuminated by a light source the reflected light from the sign produces contrasting colors which distinguish the address identification from any other reflective material.
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505.6 Size. All required address signs shall be of the minimum size required by this section or larger if required by the Fire Department.
505.6.1 Residential. 4-inch high building numbers with a ½-inch minimum stroke. 505.6.2 Commercial. Height of any numeral or letter must be 1/10 taller than the setback distance measured in feet, expressed in inches, but in no case smaller than 6 inches in height. Width or stroke of any portion of a number or letter must be 1/10 of its height but no less that .5-inch stroke. The width of any figure must be ½ its height. Suite numbers shall be a minimum 6-inch suite numbers, with a minimum .5 inch stroke, shall be located on the front and back doors. When address is located on monument sign in compliance with this section a maximum 12-inch height and maximum 2-inch stroke width maximum is allowed.
505.6.3 Multi-Family. 12-inch building numbers with a 2-inch minimum stroke. 6-inch directional numbers shall be visible from the walkway. Individual unit characters shall be a minimum of 4-inch characters in height and a ½ inch stroke. Each individual unit shall have the unit identification, numbers or letters located at or near the primary entrance to the unit. 505.7 Format. All required address identification shall be displayed in a horizontal format. When numbers are used as part of the address, the number shall be displayed by using numerical characters and not by using letters to spell the number(s). The style or font of the character used shall be of a style or font which provides characters which are clear and easily recognizable. 505.8 Complex Directory. For all properties where more than two (2) buildings exist, or otherwise required by the Fire Department, a map of the complex or facility shall be displayed at or near each entrance from the pubic street or roadway to serve as a directory to assist in rapid and safe response of emergency vehicles to locations within the complex or facility. The complex or facility map shall clearly show and identify all buildings on the property, including the primary services or functions within each building, all roadways, all access points to the facility from the public streets or roadways, all emergency vehicle access points, fire hydrants(s), fire department connection(s), fire alarm panel location(s), significant life safety hazards, pre-designated helicopter landing areas, and all other specific details as may be required by the Fire Department.
Exception: Properties which are primarily used for residential single family, duplex or triplex dwellings.
505.9 Notice to place numbers.
505.9.1 It shall be the duty of any owner/occupant of any premises, upon notice from the Fire Department or his or her designated representative, to cause the official number to be placed on any building so owned or occupied.
505.9.2 Such address identification shall be accomplished in the manner required within 20 days after service of such notice.
505.9.3 Renumbering. When a property address is reassigned, the new address identification shall be posted in compliance with this section within 20 days after notice is given.
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505.9.4 Temporary Signs. At all new construction sites, a temporary sign shall be erected on the property indicating the assigned address of the structure(s). 505.9.5 Shopping Centers with monument signs or other identification markers. Shall contain the address range of the shopping center. The Anchor stores and towers of the shopping center shall have address identification as required by this section.
505.9.6 Materials. Materials used to display the address shall be made of a weather-resistant material such as wood or plastic.
Section 903.2 of Chapter 9 of the California Fire Code, 2022 Edition has been adopted in its entirety and amended to read as follows:
903.2 Where Required Approved automatic sprinkler systems in new buildings and structures shall be provided when one of the followings conditions exists:
New Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building areas exceeds 3,599 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code
Existing Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when an addition occurs and one of the following conditions exists:
1. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 3,599 square feet.
2. When an addition exceeds 2,000 square feet and the resulting building area exceeds 3,599 square feet.
3. An additional story is added above the second floor regardless of fire areas or allowable area.
Exception: Additions to Group R-3 occupancies shall comply with section 903.2.8.1. 903.2.8.2 Fire sprinkler systems shall be installed in new manufactured homes (HSC Sections 18007 and 18009) and multifamily manufactured homes with two units (HSC 18007.8) in accordance with Title 25 of the California Code of Regulations.
Section 5601.1.3, Exception 4 of Chapter 56 of the California Fire Code, 2022 Edition is deleted in its entirety and Section 5601.1.3 is amended to read as follows:
Section 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, including those classified as Division 1.4G (Safe and Sane) is prohibited.
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Section 5601.2.2 of Chapter 56 of the California Fire Code, 2022 Edition is amended to read as follows:
Section 5601.2.2 Sale and Retail Display. Persons shall not construct a retail display nor offer for sale explosives, explosive materials or fireworks within the City of Hemet.
Table B105.2 of Appendix B of the California Fire Code Edition 2022 has been amended to read as follows:
Table B105.2
Required Fire-Flow for Buildings Other Than One and Two-Family Dwellings, Group R-4 and R-4 Buildings and Townhouses
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
For S1: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall not be less than 1,500 gallons per minute Secs. 14-77 – 14-79. Reserved.
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Division 11. California Existing Building Code
Sec. 14-80. Adoption.
The 2022 California Existing Building Code, codified in Part 10 of Title 24 of the California Code of Regulations, as such code may be amended from time to time, except as hereinafter amended by this Division, is adopted by reference as the existing building code of the City.
Sec. 14-81. Amendments.
Section 118 of Chapter 1, of the California Existing Building Code, 2022 Edition is added to read as follows:
118 Building Earthquake Safety (Pursuant to requirements in Government Code Section Title 2; Division 1; Chapter 12.2 Section 8875-8875.95)
[A] 118.1. Definition. “Potentially hazardous building” means any building constructed prior to the adoption of local building codes requiring earthquake resistant design of buildings and constructed of unreinforced masonry wall construction.
[A] 118.2. Compliance requirements. The owner of each building within the scope of this chapter shall, upon service of an order and within the time limit set forth in this chapter, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such and, if the building does not comply with earthquake standards specified in this chapter. [A] 118.3. Notice. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting to the building official for review one of the following within the stated time limits:
1. Within one year after service of the order, a structural analysis, which is subject to approval by the building official which certifies the building meets the minimum requirements of this chapter; or
2. Within one year after service of the order, the structural analysis and plans for structural alteration of the building to comply with this chapter; or
3. Install required signage as required in applicable section [A] 118.7 or [A] 118.8. [A] 118.4. Notification. Legal owner shall be notified if their building is considered to be one of a general type of structure that historically has exhibited little resistance to earthquake motion.
Prior to the service of an order, a bulletin may be issued to the owner as shown upon the last equalized assessment roll or the person in apparent charge. The bulletin may contain information the building official deems appropriate. The bulletin may be issued by mail or in person. [A] 118.5 Order contents. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter.
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[A] 118.6. Appeal from order. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the board of appeals established by Section 113 of the California Building Code as adopted by the city. Such appeal shall be filed with the board within 60 days from the service date of the order described in Section [A]118.2. Any such appeal shall be decided by the board no later than 90 days after writing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modification from any other determinations, orders or actions by the building official pursuant to the chapter shall be made in accordance with the procedures established in Sections 113.
[A] 118.7. Signage. The legal owner of a potentially hazardous building as defined in this section shall post in a conspicuous place at the entrance of the building, on a sign not less than 5” x 7” the following statement, printed in not less than 30-point bold type: “This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the event of a major earthquake.” [A] 118.8. Signage. A legal owner that is not in compliance with section 118.3 on and after December 31, 2004 who’s building has not been retrofitted shall post in a conspicuous place at the entrance of a the building, on a sign not less than 8” x 10” the following statement, with the first two works printed in 50-point bold type and the remaining words in at least 30-point type: “Earthquake Warning. This is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake.”
[A] 118.9. Penalty. A legal owner who is subject to section 118.4.1 and who does not comply with section 118.4 may be subject to an administrative fine of two hundred fifty dollars ($250.00) to be levied by the local building department no sooner than 15 days after the local building department notifies the owner that the owner is subject to the administrative fine. If the owner does not comply with the requirements of that subdivision within 30 days of the first administrative fine, the owner may be subject to an additional administrative fine of one thousand dollars ($1,000).
Priorities for the service of the order for buildings within the scope of this chapter shall normally be based upon the occupant load of the building. The owners of the buildings housing the largest occupant loads shall be served first. The Building Official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the normal service date for such building set forth in this chapter.
[A] 118.10. Order contents. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. [A] 118.11 Historical buildings. Alterations or repairs to qualified historical buildings, as defined by Section 18955 of the Health and Safety Code of the State of California and as regulated by Sections 18950 to 18961 of that Code, as designated on official national, state, or local historical-registers of inventories shall comply with the State Historical Building Code (California Code of Regulations Title 24, Building Standards, Part 8), in addition to this chapter.
Secs. 14-82 – 14-84. Reserved.
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Division 12. California Green Building Code
Sec. 14-85. Adoption
The 2022 California Green Building Code, codified in Part 11 of Title 24 of the California Code of Regulations and as such code may be amended from time to time, except as hereinafter amended by this division, is adopted by reference as the green building code of the city.
Secs. 14-86 – 14-89. Reserved.
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Division 13. California Referenced Standards Code
Sec. 14-90. Adoption.
The 2022 California Referenced Standards Code, codified in Part 12 of Title 24 of the California Code of Regulations and as such code may be amended from time to time, except as hereinafter amended by this division, is adopted by reference as the elevator code of the city.
Secs. 14-91 – 14-94. Reserved.
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Division 14. International Property Maintenance Code
Sec. 14-95. Adoption.
There is hereby adopted by the city council for the purpose of prescribing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within this jurisdiction; that certain code known as the International Property Maintenance Code being particularly the 2021 edition, as adopted by reference, and the whole thereof save and except such portions as are hereinafter deleted, modified or amended by this division of which code at least one copy is now on file in the office of the clerk of the city and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date of which this division shall take effect, the provision thereof shall be controlling within the limits of the city.
Secs. 14-97 – 14-99. Reserved.
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Division 15. Uniform Code for the Abatement of Dangerous Buildings Sec. 14-100. Adoption.
There is hereby adopted by the city council, for the purpose of prescribing regulations governing all dangerous buildings as defined in this division, which are now in existence or which may hereafter become dangerous, that certain code known as the Uniform Code for the Abatement of Dangerous Buildings, recommended by the International Conference of Building Officials, being particularly the 1997 edition thereof, to include all appendices thereto, save and except such portions as are deleted, modified or amended by this division, of which code at least one copy is on file in the office of the city clerk, and such code is hereby adopted and incorporated as fully as if set out at length in this division, and, from the date on which this division shall take effect, the provisions thereof shall be controlling within the limits of the city.
Sec. 14-101. Amendments.
The Uniform Code for the Abatement of Dangerous Buildings, as adopted by this division, is amended in the following respects:
Section 205, of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is amended to read as follows:
205 Board of appeals. "Board of appeals" as used herein shall mean the board of appeals as set forth in Section 113 of the California Building Code, 2022 Edition as adopted by the city. Appeals to the board shall be processed in accordance with the provisions contained in section 501 of this code.
Section 206, of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is added to read as follows:
206 Summary Abatement.
1. In addition to the procedures provided for abatement of dangerous buildings as set forth in chapter 4 of this code, the building official is hereby given summary power to secure from entry any structure or premises which in his discretion he determines to be immediately dangerous or immediately hazardous or in any other manner injurious to public health or safety.
Such structures may be secured by the building official by securing boards over the doors and windows of such structure; however, he shall not be limited to only this method and may use other methods at his discretion to accomplish the same purpose which may be more appropriate under the circumstances. The building official shall also post a sign stating, in effect, "DANGEROUS BUILDING, DO NOT ENTER," or some other appropriate sign, upon the structure or premises, in at least one conspicuous place. The building official shall immediately upon such action send notice to the owners of the real property upon which the structure or condition is located, as shown on the last equalized assessment rolls. Such notice shall contain the following information:
a. That he has secured the structure or corrected the hazardous conditions. b. The cost incurred by the city thereby.
c. That he has posted signs as provided by this section.
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d. The reasons why he has taken the action.
e. That an appeal may be made within ten days to the city council, as provided in this section. f. That if his action is not annulled by the city council, the cost of securing the property shall become a lien upon the real property, unless the cost is paid to the city within 30 days of the mailing of the notice.
If any owner of property, or any person having any interest in property affected by the action of the building official in securing a structure or abating a hazardous condition as permitted by this section, is aggrieved by the action of the building official in securing the structure, such person or persons may appeal the action of the building official by filing a written notice of appeal with the city clerk within ten days after receipt of notice of action by the building official. The notice of appeal must be verified under penalty of perjury and must state the grounds upon which the action of the building official is appealed.
The city council shall, upon receiving such notice of appeal, hear any evidence or other relevant matters presented by the appellant or the building official at its next regular meeting after the filing of the notice of appeal; provided, however, that, if the notice of appeal is filed less than ten days prior to the day of a regular meeting of the city council, the hearing shall not be held at the first regular meeting, but at the following regular meeting.
After hearing all evidence and other relevant matters presented at the hearing, or without hearing if no appeal is made upon the report of the building official, the city council may then confirm, amend or annul the action of the building official. If the action of the building official is annulled, the city, at its own expense, shall remove any and all instruments used to secure the structure, and shall remove any and all signs stating that the building is unsafe to enter.
If, however, the city council confirms the actions of the building official in securing the structure at the hearing on appeal, or, if no appeal is taken, at any other regular meeting or adjourned meeting, then the cost incurred by the city in securing the structure shall become a lien against the property, and a resolution of the city council confirming the action of the building official, including the imposition of a lien upon the property upon which the structure is located to pay for the cost of securing it, may be adopted upon receipt of a report from the building official. Such resolution may be filed with the county tax assessor, and the lien imposed thereby may be collected for the city by him, along with the next annual tax levy and assessment on the property.
2. The same procedure as provided in subsection 1 for abating through securing from entry any structure which is determined by the building official to be immediately dangerous or immediately hazardous may also be used by the building official in connection with the summary abatement of all other dangerous or hazardous conditions upon private property which the building official determines, at his discretion, as constituting an immediately dangerous or hazardous condition. The building official may then summarily abate such nuisance, at his discretion, in the most appropriate manner under the circumstances, which may include but shall not be limited to the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing fire hazards, filling or covering open holes, and grading or strengthening land fills or excavations. Although the manner and method used by the building official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owner of the property, and only use those measures which will eliminate the dangerous and hazardous features.
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Secs. 14-102 – 14-104. Reserved.
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CITY OF HEMET
Hemet, California
ORDINANCE NO.
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
HEMET, CALIFORNIA,
AMENDING SPECIFIC
SECTIONS OF CHAPTER 14 OF
THE HEMET MUNICIPAL CODE
BY ADOPTING BY REFERENCE
THE 2022 EDITION OF THE
CALIFORNIA BUILDING
STANDARDS CODE
(CALIFORNIA CODE OF
REGULATIONS, TITLE 24),
INCLUDING THE 2022
CALIFORNIA BUILDING CODE,
THE 2022 CALIFORNIA FIRE
CODE, THE 2022 CALIFORNIA
ELECTRICAL CODE, THE 2022
CALIFORNIA MECHANICAL
CODE, THE 2022 CALIFORNIA
PLUMBING CODE, THE 2022
CALIFORNIA ENERGY CODE,
THE 2022 CALIFORNIA GREEN
BUILDING STANDARDS CODE,
THE 2022 CALIFORNIA
RESIDENTIAL CODE
INCLUDING APPENDIX V
SWIMMING POOL SAFETY ACT,
TOGETHER WITH CERTAIN
ADDITIONS, INSERTIONS,
DELETIONS AND CHANGES
THERETO; AND ADOPTING BY
REFERENCE THE 2021
INTERNATIONAL PROPERTY
MAINTENANCE CODE, THE
1997 UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS
BUILDINGS, AND THE
MOBILEHOME PARKS CODE
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AND INSTALLATIONS
REGULATIONS, TOGETHER
WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND
CHANGES THERETO.
WHEREAS, California Health and Safety Code
sections 17922 and 17958, and Government Code
section 50022.1 et seq. authorize and require the City to adopt by reference the California Building Standards
Code as set forth in Title 24 of the California Code of Regulations; and,
WHEREAS, California Health and Safety Code
section 17958.5 authorizes the City to adopt amendments to the building standards contained in the California
Building Standards Code if the City makes express
findings that the amendments are reasonably necessary
because of local climatic, geological, or topographical conditions; and,
WHEREAS, California Health and Safety Code
section 18909(c) provide that amendments relating to
civil, administrative, or criminal procedures and remedies available for enforcing violations of the 2022 California Building Standards Code are not amendments to “building standards,” and the City may adopt such amendments
without making express findings; and,
WHEREAS, the California Building Standards
Commission has published the 2022 California Building
Standards Code, which shall take effect on January 1,
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2023.
WHEREAS, the City has previously adopted by
reference and made local amendments to previous
versions of the California Building Standards Code,
codified in Article II of Chapter 14 of the Hemet Municipal Code; and,
WHEREAS, the City desires to amend Article II of
Chapter 14 of the Hemet Municipal Code to adopt by
reference and make certain local amendments to the
2022 California Building Standards Code; and,
WHEREAS, Health and Safety Code section
17958.7 provides that the local amendments set forth in this ordinance shall not become effective until a copy of the express findings justifying each of the local
amendments has been filed with the California Building
Standards Commission; and,
WHEREAS, at least one full, true, and correct copy,
as certified by the City Clerk, of the 2022 California
Building Standards Code has been filed in the office of the City Clerk in accordance with the provisions of
Government Code Section 50022.6; and
WHEREAS, pursuant to Government Code section
50022.3, the City Council has conducted a duly noticed
public hearing regarding this ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE
CITY OF HEMET DOES ORDAIN AS FOLLOWS:
SECTION 1: FINDINGS OF FACT. Based on the
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whole record before it, the City Council finds that the local amendments to the building standards contained in Title 24 set forth in Section 3 of this ordinance are reasonably necessary because of the following determinations due to local climatic, geological, or topographical conditions:
The amendments to the 2022 California Building
Code are justified by the following local geological,
topographical, and climatic conditions:
The City of Hemet receives relatively allow amounts
of precipitation, low humidity and high temperatures.
Normal prevailing winds in the afternoon often reach 15 or 20 miles per hour. Strong winds commonly referred to as Santa Ana Winds have reached speeds up to 60 miles per
hour in the San Jacinto valley during various months of past years. The San Jacinto valley is surrounded by
mountains and hillsides that because of the previous
statement is generally dry and subject to quick fire spread.
These amendments respond to these issues by
increasing the requirements for the use of wood shingles and shakes that are highly combustible.
The amendments to 2022 California Building Code
Appendix J, section J110.1 and J110.8 are justified by the following local geological, topographical and climatic
conditions:
The City of Hemet receives relatively low amounts of
precipitation, low humidity and high temperatures. Normal prevailing winds in the afternoon often reach 15 to 20
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miles per hour. Strong winds commonly referred to as
Santa Ana Winds have reached speeds up to 60 miles per
hour in the San Jacinto Valley during various months of past years. Damage that can occur during such winds
includes: downed trees, utility poles, utility circuits and lines. These amendments respond to these issues by
increasing the requirements for landscaping to be water- efficient, and to control the erosion and sediment that results from these conditions.
The amendments to 2022 California Existing Building
Code section A118.1 through A118.11 and 2022
California Residential Building Code Table R301.2(1) are justified by the following local geological, topographical and climatic conditions:
Within the Hemet City limits there is an active
earthquake fault called the San Jacinto Fault. This fault has produced earthquakes in the past, which severely
damaged the City. There are also other faults in the
adjacent areas, including the San Andreas Fault. In the event of a severe earthquake, these faults present the
potential for catastrophic damage. These amendments
aim at reducing the potential for damage by ensuring that the existing buildings that present the greatest threat of damage in the event of an earthquake are identified,
analyzed, and made safer.
The remainder of the amendments made by this
ordinance are to administrative in nature and findings are
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not required to make these amendments.
SECTION 2: 2022 CALIFORNIA BUILDING
STANDARDS CODE ADOPTED. The City Council of the
City of Hemet hereby adopts by reference the 2022
California Building Standards Code, contained in Parts 1 through 12 of Title 24 of the California Code of
Regulations, in its entirety except as amended by Section 3 of this ordinance.
SECTION 3: AMENDMENT OF ARTICLE II OF
CHAPTER 14 OF THE HEMET MUNCIPAL CODE.
Divisions 1 through 15, inclusive, of Article II of Chapter 14 of the Hemet Municipal Code are hereby amended and
shall read in their entirety as shown in Exhibit A.
SECTION 4: NOTIFICATION OF BUILDING
STANDARDS COMMISSION. The City Council of the
City of Hemet hereby authorizes and directs the City Clerk to file a copy of this ordinance with the California Building Standards Commission.
SECTION 5: SEVERABILITY.
If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,
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phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 6: EFFECTIVE DATE.
This Ordinance shall take effect January 1, 2023.
SECTION 7: PUBLICATION.
The City Clerk is authorized and directed to cause
this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with
Government Code Section 36933(a) or, to cause this
Ordinance to be published in the manner required by law using the alternative summary and pasting procedure
authorized under Government Code Section 39633(c).
INTRODUCED at the regular meeting of Hemet City
Council on , 2022.
APPROVED AND ADOPTED this day of ,
2022.
_________________________
Malcolm Lilienthal, Mayor
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ATTEST: APPROVED AS TO FORM:
_________________________
_________________________
John Paul Maier, City Clerk Steven Graham,
City Attorney
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing Ordinance was
introduced and first read on the 2022, and was
passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
John Paul Maier, City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Nov 08 2022
Department: Community Development
Submitted by: Eddie Pust, Interim City Manager
Carlos Yado, Interim Chief Building Official, H. P. Kang, Community Development Director;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing
TITLE:
Second Reading and Adoption of Ordinance 2003, an Ordinance Entitled, an Ordinance of the City Council of the City of Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the C alifornia Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together with Certain Additions, Insertions, Deletions and Changes Thereto; and A dopting by Reference the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions, and Changes Thereto
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Open a Public Hearing and take testimony, if any, and;
2. Second Reading and Adoption of Ordinance 2003, an Ordinance entitled, an Ordinance of the City Council of the City of Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together with Certain Additions, Insertions, Deletions and Changes Thereto; and Adopting by Reference the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abate ment of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions, and Changes Thereto.
DISCUSSION:
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PREVIOUS COUNCIL ACTION:
Introduced for first reading at September 27, 2022, Regular City Council Meeting, with the following action:
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to waive full reading and introduce by title only an Ordinance of the City Council of the City of Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together with Certain Additions, 2021 the Reference by and Adopting Changes and Deletions Insertions, Thereto; International Property Maintenance Code, the 1997 Uni form Code for the Abatement of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions, and Changes Thereto; and, set a public hearing date of November 8, 2022, for the adoption of said Ordinance.
This report provides for the City Council to waive further reading and adopt the Ordinance. The Ordinance shall be effective 30 days from adoption.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
The 2022 Code update will ensure that the City of Hemet is complying with the latest regulations to ensure health and safety of all construction that occurs within the city boundary.
ATTACHMENT(S):
Attachment 1: Ordinance Adopting 2022 Title 24 Codes. Hemet_Final Attachment 2: Exhibit A: 2022 Building Code Update Ordinance_Final
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City of Hemet Ordinance No.
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CITY OF HEMET
Hemet, California
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AMENDING SPECIFIC
SECTIONS OF CHAPTER 14 OF THE HEMET MUNICIPAL
CODE BY ADOPTING BY REFERENCE THE 2022 EDITION
OF THE CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24),
INCLUDING THE 2022 CALIFORNIA BUILDING CODE,
THE 2022 CALIFORNIA FIRE CODE, THE 2022
CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA
MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING
CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE,
THE 2022 CALIFORNIA RESIDENTIAL CODE INCLUDING
APPENDIX V SWIMMING POOL SAFETY ACT,
TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS,
DELETIONS AND CHANGES THERETO; AND ADOPTING
BY REFERENCE THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE, THE 1997 UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS, AND THE
MOBILEHOME PARKS CODE AND INSTALLATIONS
REGULATIONS, TOGETHER WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND CHANGES THERETO.
WHEREAS, California Health and Safety Code sections 17922 and 17958, and Government Code section 50022.1 et seq. authorize and require the City to adopt by reference the California Building Standards Code as set forth in Title 24 of the California Code of Regulations; and,
WHEREAS, California Health and Safety Code section 17958.5 authorizes the City to adopt amendments to the building standards contained in the California Building Standards Code if the City makes express findings that the amendments are reasonably necessary because of local climatic, geological, or topographical
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City of Hemet Ordinance No.
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conditions; and,
WHEREAS, California Health and Safety Code section 18909(c) provide that amendments relating to civil, administrative, or criminal procedures and remedies available for enforcing violations of the 2022 California Building Standards Code are not amendments to “building standards,” and the City may adopt such amendments without making express findings; and,
WHEREAS, the California Building Standards Commission has published the 2022 California Building Standards Code, which shall take effect on January 1, 2023.
WHEREAS, the City has previously adopted by reference and made local amendments to previous versions of the California Building Standards Code, codified in Article II of Chapter 14 of the Hemet Municipal Code; and, WHEREAS, the City desires to amend Article II of Chapter 14 of the Hemet Municipal Code to adopt by reference and make certain local amendments to the 2022 California Building Standards Code; and,
WHEREAS, Health and Safety Code section 17958.7 provides that the local amendments set forth in this ordinance shall not become effective until a copy of the express findings justifying each of the local amendments has been filed with the California Building Standards Commission; and,
WHEREAS, at least one full, true, and correct copy, as certified by the City Clerk, of the 2022 California Building Standards Code has been filed in the office of the City Clerk in accordance with the provisions of Government Code Section 50022.6; and
WHEREAS, pursuant to Government Code section 50022.3, the City Council has conducted a duly noticed public hearing regarding this ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES ORDAIN AS FOLLOWS:
SECTION 1: FINDINGS OF FACT. Based on the whole record before it, the
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City of Hemet Ordinance No.
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City Council finds that the local amendments to the building standards contained in Title 24 set forth in Section 3 of this ordinance are reasonably necessary because of the following determinations due to local climatic, geological, or topographical conditions:
The amendments to the 2022 California Building Code are justified by the following local geological, topographical, and climatic conditions:
The City of Hemet receives relatively allow amounts of precipitation, low humidity and high temperatures. Normal prevailing winds in the afternoon often reach 15 or 20 miles per hour. Strong winds commonly referred to as Santa Ana Winds have reached speeds up to 60 miles per hour in the San Jacinto valley during various months of past years. The San Jacinto valley is surrounded by mountains and hillsides that because of the previous statement is generally dry and subject to quick fire spread. These amendments respond to these issues by increasing the requirements for the use of wood shingles and shakes that are highly combustible.
The amendments to 2022 California Building Code Appendix J, section J110.1 and J110.8 are justified by the following local geological, topographical and climatic conditions:
The City of Hemet receives relatively low amounts of precipitation, low humidity and high temperatures. Normal prevailing winds in the afternoon often reach 15 to 20 miles per hour. Strong winds commonly referred to as Santa Ana Winds have reached speeds up to 60 miles per hour in the San Jacinto Valley during various months of past years. Damage that can occur during such winds includes: downed trees, utility poles, utility circuits and lines. These amendments respond to these issues by increasing the requirements for landscaping to be water-efficient, and to control the erosion and sediment that results from these conditions.
The amendments to 2022 California Existing Building Code section A118.1 through A118.11 and 2022 California Residential Building Code Table R301.2(1) are justified by the following local geological, topographical and climatic conditions:
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City of Hemet Ordinance No.
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Within the Hemet City limits there is an active earthquake fault called the San Jacinto Fault. This fault has produced earthquakes in the past, which severely damaged the City. There are also other faults in the adjacent areas, including the San Andreas Fault. In the event of a severe earthquake, these faults present the potential for catastrophic damage. These amendments aim at reducing the potential for damage by ensuring that the existing buildings that present the greatest threat of damage in the event of an earthquake are identified, analyzed, and made safer.
The remainder of the amendments made by this ordinance are to administrative in nature and findings are not required to make these amendments.
SECTION 2: 2022 CALIFORNIA BUILDING STANDARDS CODE ADOPTED.
The City Council of the City of Hemet hereby adopts by reference the 2022 California Building Standards Code, contained in Parts 1 through 12 of Title 24 of the California Code of Regulations, in its entirety except as amended by Section 3 of this ordinance.
SECTION 3: AMENDMENT OF ARTICLE II OF CHAPTER 14 OF THE HEMET MUNCIPAL CODE. Divisions 1 through 15, inclusive, of Article II of Chapter 14 of the Hemet Municipal Code are hereby amended and shall read in their entirety as shown in Exhibit A.
SECTION 4: NOTIFICATION OF BUILDING STANDARDS COMMISSION.
The City Council of the City of Hemet hereby authorizes and directs the City Clerk to file a copy of this ordinance with the California Building Standards Commission.
SECTION 5: SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that
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City of Hemet Ordinance No.
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any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6: EFFECTIVE DATE.
This Ordinance shall take effect January 1, 2023.
SECTION 7: PUBLICATION.
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).
INTRODUCED at the regular meeting of Hemet City Council on , 2022.
APPROVED AND ADOPTED this day of , 2022.
_________________________
Malcolm Lilienthal, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
John Paul Maier, City Clerk Steven Graham, City Attorney
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City of Hemet Ordinance No.
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance was introduced and first read on the 27th day of September 2022, and was passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
John Paul Maier, City Clerk
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EXHIBIT A
CHAPTER 14
BUILDING AND BUILDING REGULATIONS
ARTICLE II. UNIFORM CODES
Division 1. Generally
Sec. 14-31. Codes Adoption.
The 2022 California Building Standards Code, as set forth in Parts 1 through 12 of Title 24 of the California Code of Regulations, as such Code may be amended from time to time; the “Uniform Code for the Abatement of Dangerous Buildings,” 1997 Edition, and the International Property Maintenance Code, 2021 Edition, are hereby adopted together with certain amendments, deletions, additions, and exceptions, including fees and penalties.
Secs. 14-32 – 14-34. Reserved
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Division 2. California Administrative Code
Sec. 14-35. Adoption.
The 2022 California Administrative Code, as set forth in Part 1 of Title 24 of the California Code of Regulations, as such code may be amended from time to time, except as hereinafter amended by this Division, is adopted by reference as the administrative code of the City.
Secs. 14-36 – 14-39. Reserved
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Division 3. California Building Code
Sec.14-40. Adoption
The 2022 California Building Code, codified in Part 2 of Title 24 of the California Code of Regulations, including Appendices C, F, G, I, and J, as such code may be amended from time to time, except as hereinafter amended by this division, is adopted by reference as the building code of the City.
Sec. 14-41 Amendments
Chapter I, Division II Scope and Administration, is deleted in its entirety from the California Building Code, 2022 Edition and replaced to read as follows:
Division II SCOPE AND APPLICATION
Part 1 – SCOPE AND APPLICATION
Section 101
General
[A] 101.1 Title. These regulations shall be known as the Building Code of City of Hemet, hereinafter referred to as “this code.”
[A] 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, 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
multiple single-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, shall comply with the California
Residential Code.
[A] 101.2.1 Appendices. Provisions in the appendices shall not apply except for Appendix Chapters C, F, G, I and J.
[A] 101.3 Intent. The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, public health and
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general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
[A] 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
[A] 101.4.1 Gas. The provisions of the California Mechanical Code shall 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 the installation and operation of residential and commercial gas appliances and related accessories.
[A] 101.4.2 Mechanical. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
[A] 101.4.3 Plumbing. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.
[A] 101.4.4 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
[A] 101.4.5 Fire prevention. The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair,
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alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
[A] 101.4.6 Energy. The provisions of the California Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.
[A] 101.4.7 Existing buildings. The provisions of the California Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. [OSHPD 1] The provisions of the Chapter 2A, 3A, 4A, and 5A of the California Existing Building Code shall apply to all matters governing the repairs, alterations, change of occupancy, additions, and relocation of existing structures and portions thereof under OSHPD jurisdiction. All references to Chapters 3, 4 and 5 of the California Existing Building Code shall be replaced by equivalent provisions in Chapters 3A, 4A and 5A. [OSHPD 1R, 2, 4 & 5] The provisions of the California Existing Building Code, Chapters 2, 3, 4 and 5 shall apply to all matters governing the repairs, alterations, change of occupancy, additions and relocation of existing structures and portions thereof under OSHPD jurisdiction.
Section 102
Applicability
[A] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
[A] 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. [A] 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. [A] 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 through 102.4.4.
[A] 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
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[A] 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, shall take precedence over the provisions in the referenced code or standard. 102.4.3 Code references. [OSHPD 1, 1R, 2, 3, 4 & 5, DSA-SS & DSA- SS/CC] All reference to International Codes or other similar codes in referenced standards shall be replaced by equivalent provisions in the California Building Standards Codes.
102.4.4 Reference in standards. [OSHPD 1, 1R, 2, 3, 4 & 5, DSA-SS & DSA-SS/CC] All references listed in reference standards shall be replaced by referenced standards listed in Chapter 35 of this code, where applicable, and shall include all amendments to the reference standards in this code.
[A] 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
[A] 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Existing Building Code or the California Fire Code.
[A] 102.6.1 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 comply with the provisions of the California Building Code or California Residential Code, as applicable, for new construction or with any current permit for such occupancy.
[A] 102.6.2 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, except as otherwise specifically provided in this code, the California Fire Code or International Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
Part 2 - ADMINISTRATION AND ENFORCEMENT
Section 103
Department of Life Safety
[A] 103.1 Creation of enforcement agency. The Department of Life Safety is hereby created and the official in charge thereof shall be
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known as the Chief Building Official. Any reference in the Hemet Municipal Code, including codes adopted by reference, to the building official shall be interpreted as referring to the Chief Building Official of the City of Hemet.
[A] 103.2 Appointment. The Chief Building Official shall be appointed by the City Manager.
[A] 103.3 Deputies. The City Manager shall have the authority to appoint the building official, deputy building officials, related technical officers, inspectors, plan examiners and other employees. Such officials shall have powers as delegated by the Chief Building Official.
Section 104
Duties and Powers of Building Official
[A] 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
[A] 104.2 Applications and permits. The building official shall receive applications, review construction documents and 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. [A] 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612.
[A] 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code.
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[A] 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
[A] 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
[A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is 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 is unoccupied, 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 building official shall have recourse to the remedies provided by law to secure entry.
[A] 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
[A] 104.8 Liability. The building official, 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 civilly or criminally 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.
[A] 104.8.1 Legal defense. Any suit or criminal complaint 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 legal representatives of the
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jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
[A] 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.
[A] 104.10 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner’s authorized agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
[A] 104.10.1 Flood hazard areas. The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to
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which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
[A] 104.11 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 been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design 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. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.
[DSA-SS, DSA-SS/CC & OSHPD 1, 1R, 2, 4 & 5] Alternative system shall satisfy ASCE 7 Section 1.3, unless more restrictive requirements are established by this code for an equivalent system.
[DSA-SS, DSA-SS/CC] Alternative systems shall also satisfy the California Administrative Code, Section 4-304.
[OSHPD 1, 1R, 2, 4 & 5] Alternative systems shall also satisfy the California Administrative Code, Section 7-104.
[A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
[A] 104.11.2 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 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 building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.
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104.11.3 Peer review. [OSHPD 1, 1R, 2, 4 & 5] When peer review is required for new or existing buildings, it shall be performed pursuant to Section 1617A.1.41.
104.11.4 Earthquake monitoring instruments. [OSHPD 1 & 4] The enforcement agency may require earthquake monitoring instruments for any building that receives approval of an alternative system for the Lateral Force Resisting System (LFRS). There shall be a sufficient number of instruments to characterize the response of the building during an earthquake and shall include at least one tri-axial free field instrument or equivalent. A proposal for instrumentation and equipment specifications shall be forwarded to the enforcement agency for review and approval.
The instruments shall be interconnected for common start and common timing. Each instrument shall be located so that access is maintained at all times and is unobstructed by room contents. A sign stating “MAINTAIN CLEAR ACCESS TO THIS INSTRUMENT” shall be posted in a conspicuous location.
The Owner of the building shall be responsible for the implementation of the instrumentation program. Maintenance of the instrumentation and removal/processing of the records shall be the responsibility of the enforcement agency or its designated agent.
Section 105
Permits
[A] 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. [A] 105.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor 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.
[A] 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such
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records at all times or such records shall be filed with the building official as designated.
[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2) and all setbacks per the Hemet Municipal Code are adhered to.
2. Oil derricks.
3. Retaining walls, concrete and masonry walls that are not over 36 inches in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
4. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
5. Sidewalks and driveways not more than 30 inches (762 mm) 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, counter tops and similar finish work.
7. Temporary motion picture, television and theater stage sets and scenery.
8. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
9. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
10. Swings and other playground equipment accessory to detached one- and two-family dwellings.
11. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
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12. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. [A] 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
[A] 105.2.2 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. [A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant’s authorized agent.
7. Give such other data and information as required by the building official.
[A] 105.3.1 Action on application. 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 or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
[A] 105.3.2 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
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good faith or a permit has been issued; except that 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 and shall be accompanied by an application extension fee as stated in the City of Hemet Fee Schedule. [OSHPD 1, 1R, 2, 4 & 5] Time limitation shall be in accordance with the California Administrative Code, Chapter 7, Section 7-129. [A] 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
[A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work commenced. Before such work can be recommenced after a permit expires, a new permit shall first be obtained to do so, and a fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days per extension.
Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required.
The extension shall be requested in writing prior to the permit expiring and show justifiable cause demonstrating that circumstances beyond the control of the permittee have prevented action from being taken.
The extension request is also subject to a fee in accordance with the City of Hemet fee schedule.
[A] 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code
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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.
[A] 105.6.1. Unfinished buildings and structures. Whenever the building official determines by inspection that work in or on any building or structure for which a permits has been issued and the work started thereon has been suspended for a period 180 days or more, the owner of the property upon which such building or structure is located or other person or agent of control of said property, upon receipt of notice in writing from the building official to do so, shall, within 60 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the building or structure within 90 days from the date of written notice.
[A] 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project.
Section 106
Floor and Roof Design Loads
[A] 106.1 Live loads posted. In commercial, institutional or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
106.1.1 Snow load posting. [DSA-SS & DSA-SS/CC, OSHPD 1, 1R, 2, 4 & 5] Snow loads used in design shall be posted as for live loads. 106.1.2 Snow load posting. [DSA-SS & DSA-SS/CC] When design snow loads at exterior balconies, decks and other elevated walking surfaces exceed 50 psf, the design snow loads shall be posted as for live loads.
When design roof (not ground) snow loads exceed 20 psf, the roof design snow loads for each roof level of the building shall similarly be conspicuously posted with signs stating the maximum design roof snow loads.
[A] 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. [A] 106.3 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.
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Section 107
Submittal Documents
[A] 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional or other qualified individual as determined by the building official.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
[A] 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.8.
[A] 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material.
Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.
[A] 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.
[A] 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
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[A] 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 membrane and details around openings.
The construction documents shall include 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 which was tested, where applicable, as well as the test procedure used.
[A] 107.2.5 Exterior balconies and elevated walking surfaces. 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, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.
[A] 107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. [A] 107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1.
[A] 107.2.7 Structural information. The construction documents shall provide the information specified in Section 1603.
[A]107.2.8 Relocatable buildings. Construction documents for relocatable buildings shall comply with Section 3112.
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[A] 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
[A] 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
[A] 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
[A] 107.3.3 Phased approval. The building official is 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 holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. [A] 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner’s authorized agent 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 or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is 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
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prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
[A] 107.3.4.1 Deferred submittals. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building.
The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. [OSHPD 1, 1R, 2, 4 & 5] Deferred submittals shall be in accordance with the California Administrative Code, Chapter 7, Section 7-126. [A] 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
[A] 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.
Section 108
Temporary Structures and Uses
[A] 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
[A] 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103.
[A] 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the
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final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.
[A] 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
Section 109
Fees
[A] 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. A permit shall be considered revoked if the payment of such permit is returned for insufficient funds.
[A] 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the City of Hemet Fee Schedule.
[A] 109.2.1 Fee Not Specified. When a permit is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet Fee Schedule, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the inspection as set forth in the in the City of Hemet Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such inspection shall be charged at the FBHR for the staff classification performing such work.
[A] 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. [A] 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. The special investigation fee shall be double the permit fee. This fee shall be in addition to the
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required permit fees. The special investigation fee shall be made before a permit may be issued for such work.
[A] 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
[A] 109.6 Refunds. The building official is authorized to establish a refund policy and may authorize refunding of any fee paid hereunder in the following situations:
1. Wherein a fee was erroneously paid or collected.
2. The building official may authorize refunding of not more than 75 percent of the permit application fee when an application for a permit is withdrawn or cancelled before any plan review is performed.
3. The building official may authorize refunding of not more than 75 percent of the permit fee when an application for permit is withdrawn or canceled before any inspections are performed.
The building official shall not authorize refunding of any fees paid except on written application filed by the original applicant not later than 180 days after the date of fee payment. Except for the refund of fees paid in error, no refund of permit or plan review fees shall be made where the permit or plan review fee paid is $100.00 or less. [A] 109.7 Plan Review Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a plan review, a fee for each plan review shall be paid as stated in the City of Hemet Fee Schedule. Upon submittal of construction documents, this fee shall be due and payable before the construction documents will be reviewed.
The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.
When plans require three (3) or more reviews, are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the City of Hemet Fee Schedule or actual accrued fees by outside consultants to the City of Hemet.
[A] 109.8 Fee Not Specified. When a plan review is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet
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Fee Schedule, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the plan review as set forth in the City of Hemet Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such plan review shall be charged at the FBHR for the staff classification performing such work.
Section 110
Inspections
[A] 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official 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 owner or the owner’s authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
[A] 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. [A] 110.3 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.10.
[A] 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 shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job.
[A] 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 accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
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[A] 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. [A] 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
110.3.4.1 [HCD 1] Moisture content verification. Moisture content of framing members shall be verified in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.5. [A] 110.3.5 Lath, gypsum board and gypsum panel product inspection.
Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. [A] 110.3.6 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.
Exception: Where special inspections are provided in
accordance with Section 1705.1.1, Item 3.
[A] 110.3.7 Fire- and smoke-resistant penetrations. 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.
[A] 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.
[A] 110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3.1 through 110.3.7, the building official is authorized to
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make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.
[A] 110.3.10 Special inspections. For special inspections, see Chapter
17. [A] 110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit is completed.
[A] 110.3.11.1 Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.5 shall be submitted to the building official prior to the final inspection.
110.3.11.2 [HCD 1] Operation and maintenance manual. At the time of final inspection, a manual, compact disc, web-based reference or other media acceptable to the enforcing agency shall be placed in the building in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.4.
[A] 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. [A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
[A] 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. 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 notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
[A] 110.7 Re-Inspection Fee. When a requested inspection is not complete and requires a re-inspection by the City, the owner shall pay a re-inspection fee prior to the work being re-inspected. A re-inspection fee shall also be charged when the City is unable to gain access to the area of work to be inspected.
Section 111
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Certificate of Occupancy
[A] 111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of any building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy for said building or structure in accordance with the provisions of Section 111.2. 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. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. [A] 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter
3. 9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is required.
12. Any special stipulations and conditions of the building permit. [A] 111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or
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portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. [A] 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
[A] 111.5 Expiration. Every application for Certificate of Occupancy shall become invalid unless an inspection of the business is performed within 60 days after the application date. The building official is authorized to grant, in writing, one or more extension of time, for periods not more than 60 days each. The extension shall be requested in writing and justifiable cause demonstrated and be accompanied by an extension fee stated in the City of Hemet Fee Schedule. The provisions shall not be perceived as to allow a business to conduct business without first being issued a Certificate of Occupancy.
[A] 111.6 Certificate of Occupancy Fee. On buildings, structures, and areas requiring a certificate of occupancy under Section 111.1 a fee for each application shall be paid a required fee as stated in the City of Hemet Fee Schedule. Upon all required submittal documents, this fee shall be due and payable at time of application submittal.
Section 112
Service Utilities
[A] 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.
[A] 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
[A] 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and
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occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
Section 113
Board of Appeals
[A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building official shall be an ex officio member and shall act as secretary to said Board, but shall have no vote upon any matter before the Board.
The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules and procedures for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. [A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board of Appeals shall have no authority relative to interpretation of administrative provisions of this Code, nor shall the board have authority to waive requirements of this code. [A] 113.3 Appeal Hearing Fee. A fee, as provided in the current City of Hemet Fee Study shall accompany an application for a hearing before the Board of Appeals.
[A] 113.4 Special Purposes Members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) members shall be added who shall have a disability as defined by Section 202 of the California Building Code, 2022 Edition.
[A] 113.5 Notice of Appeal. Within the limitations provided for below, a person aggrieved by any order, act or determination of the building official or his subordinates, may appeal therefrom to the board of appeals. The appeal shall be taken by filing a written notice of appeal within 15 days, exclusive of holidays, after the date of making the order or determination or performing the act and by paying the appeal hearing fee. The notice of appeal must be in writing on a form provided
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by the city, and the notice must be filed and the fee paid at the office of the building official. The notice of appeal shall be sufficient to identify the act, order or determination appealed from and stated wherein it is erroneous or invalid. The operation of the act, order, or determination appealed from its suspended by the filing of the notice and appeal upon the determination of the appeal or termination of proceedings thereunder.
[A] 113.6 Hearing. The chairman of said board shall fix the time and place of hearing the appeal. The date of hearing shall not be less than 5 days nor more than 15 days after the date of filing the notice of appeal, and the hearing must not be postponed for more than ten days without good and sufficient cause. The board shall give written notice of the time and place of such hearing to the appellant and the officer or head of the department or division who act, order, or determination is appealed from. Witnesses may be sworn and examined and evidence produced by interested parties, who may appear in person or by attorney. The board shall keep a record of each appeal and proceeding thereunder. At the conclusion of the hearing, the board shall prepare and file its written findings and decision. The affirmative vote of two- thirds of the board is necessary to modify or reverse the order, act or determination appealed from. The failure of the board to file its findings and decisions within five days after termination of the hearing shall result in the automatic confirmation of the order, act or determination appealed from.
[A] 113.7 Final Decision. Any person aggrieved or affected by a decision of the board may appeal to the city council from such decision at any time within ten days after the date upon which the board announces its decision or loses jurisdiction. An appeal to the city council shall be taken by filling a letter of appeal with the building division and by concurrently paying to such division an appeal hearing fee in the amount established by the City of Hemet Fee Schedule. Such letter shall set forth the grounds upon which the appeal is based. Within 15 days after the receipt of the letter of appeal and the filing fee, the building division shall transmit to the city council the letter of appeal and the record of appeal at the board and the board’s findings and decisions.
The city council may firm, reverse, or modify the decision of the board. [A] 113.8 Absence of Board of Appeals. I the event the board as established in Section 113.1 herein above should for any reason not be appointed by the city council or cease to exist after such appointment, the city council may serves as the board of appeals.
Section 114
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Violations
[A] 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.
[A] 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, 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. [A] 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction 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. [A] 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. [A] 114.5 Violation Penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be set forth in Chapter 1- 8 of the Hemet Municipal Code.
[A]114.5.1 In addition thereto, violation of this code is declared to be a public nuisance, and the city attorney may institute necessary legal procedures for the abatement, removal or enjoinment thereof in the manner provided by law, or any take such other steps as he or she deems necessary to accommodate these ends.
Section 115
Stop Work Order
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[A] 115.1 Authority. Where the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.
[A] 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.
[A] 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
Section 116
Unsafe Structures and Equipment
[A] 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
[A] 116.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
[A] 116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
[A] 116.4 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known
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address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
[A] 116.5 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Section 105.2.2 and the California Existing Building Code.
[A] 116.6 Intent. This section establishes standard place cards to be used to indicate the condition of a structure for continued occupancy.
The section further authorizes the building official and his or her authorized representatives to post the appropriate place card at each entry point to a building or structure upon completion of a safety assessment.
[A] 116.7 Application of Provisions. The provisions of this section are applicable to all buildings and structures and all occupancies regulated by the city. The city council may extend the provisions as necessary. [A] 116.8 Definitions. Safety Assessment means a visual, non- destructive examination of a building or structure for continued occupancy.
[A] 116.9 Place cards.
1. The following are verbal descriptions of the official jurisdiction place cards to be used to designate the condition for continued occupancy of buildings or structures.
a. “INSPECTED – Lawful Occupancy Permitted” (Green Placard) is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
b. “RESTRICTED USE” (Yellow Placard) is to be posted on each building or structure that has been damage wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.
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c. "UNSAFE - Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the building official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.
2. The number of the ordinance codified in this section, the name of the jurisdiction, its address and phone number shall be permanently affixed to each placard.
3. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building official. It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.
Section 117 Rubbish and Debris.
117.1 Rubbish and Debris. Every person who constructs, alters, adds to, rehabilitates, places or repairs any building structure or building service equipment is subject to the following provision relating to rubbish and debris:
1. Collection and Disposal. During the process of constructing a building or structure, the construction site and the general area around the site shall be kept clear of rubbish and debris that result from the construction activities. Rubbish and debris shall not be allowed to accumulate on or be blown from the site and shall be placed inappropriate containers or removed from the construction site to an authorized disposal area. All containers shall be emptied periodically at an authorized disposal area so they will remain usable for the collection of rubbish and debris. When the building or structure is completed, a final cleanup of the site shall be conducted by the permittee.
2. Inspections. A permit holder shall not be entitled to, and no building inspector shall make an inspection of any phase of completed construction work, including the final inspection, if the construction site or general area thereof contains an accumulation of construction rubbish and debris. If a building inspector is unable to conduct a requested inspection because of an accumulation of rubbish and debris, a re-inspection fee may be assessed and required to be paid prior to a request for re-inspection is made. Failure to maintain a construction site clear of waste and other trash or debris, and in such a manner that
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is determined to constitute a health and safety hazard or constitutes a public nuisance, shall result in the issuance of a Stop Work order.
3. Rubbish and debris for the purpose of this section, includes, but is not limited to, stub ends of cut lumber, broken lumber and other scrap wood, scrap cement and plaster, scrap metal, paper cartons, wrappings, and similar materials that result from the process of constructing a building or structure.”
Section 118 Working Hours
[A] 118 Working Hours. Construction activities shall be permitted between the hours of 6:00 a.m. and 6:00 p.m. during the months of June through September and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May. Saturday construction shall be permitted between the hours of 7:00 a.m. and 6:00 p.m.
Sunday construction shall be prohibited. Exceptions to these standards may be granted only by the City building official and/or the city council.
This subsection is not intended to prohibit infrequent homeowner or small construction on the site of an existing home.
Subsection 1505.6 of Section 1505 of the California Building Code, 2022 Edition is amended to read as follows:
1505.6 Wood shingles and shakes. It shall be unlawful to install or cause to be installed, wood-shake or wood-shingle roofs on a building.
Exception: Any building which presently has wooden shakes or shingles may be re-roofed with a listed and approved Class A assembly with a rated wood shake or shingle. Approved fire- retardant-treated wood shakes and shingles are those
complying with UBC Standard 15-3 or 15-4 which are
impregnated by the full-cell vacuum-pressure process with fire- retardant chemicals, which have been qualified by UBC
Standard 15-2 for use on Class A roofs.
Roof coverings on buildings located in a designated fire hazard area shall be rated as Class A. All wood-shingles and wood-shakes are prohibited in high fire hazard areas.
Subsection J110.1 of Section J110 of Appendix J of the California Building Code, 2022 Edition, is amended to read as follows:
J110.1 General. The faces of cut and fill slopes shall be prepared and maintained to control erosion and to provide stability.
Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to erosion-resistant character of materials.
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Unless otherwise recommended in the approved soil engineering or engineering geology report, cut and fill slopes shall be planted in accordance with this section. The protection for the slopes shall be installed as soon as practicable and prior to calling for final permit approval.
Subsection J110.2 of Section J110 of Appendix J of the California Building Code, 2022 Edition, is amended to read as follows:
J110.2. Planting.
1. All slopes equal to or greater than three feet in vertical height shall be planted with drought-tolerant grass or ground cover in order to protect the slope from erosion and instability. Other slopes as deemed necessary by the building official shall also be planted.
2. Slopes exceeding 15 feet in vertical height shall be planted with drought-tolerant shrubs, spaced at no more than ten feet on center; or trees, spaced not to exceed 20 feet on center; or a combination of such shrubs and trees at equivalent spacing, in addition to a drought-tolerant grass or ground cover. Fifty percent of the total number of trees provided shall be of a drought-tolerant nature and a minimum five-gallon size. The plants selected and planting methods used shall be suitable for the soil and climatic conditions found on the site. The landscape design shall consider and locate plants in zones, according to their water needs. Plant materials and planting patterns may be varied upon the recommendations of a landscape architect or a slope control specialist with approval of the building official.
If a species other than those from the recommended plants list provided by the street and park supervisor is selected, a written statement shall be submitted by a landscape architect or slope control specialist certifying that the plant is drought-tolerant and suitable for erosion control and slope stabilization purposes. This statement must accompany the grading plan at the time of submittal. Plant material shall be allowed that is specifically identified as being drought-tolerant and suitable for erosion control and slope stabilization on an erosion control landscape plan signed by a registered landscape architect.
Section J110 of Appendix Chapter J, of the California Building Code, 2022 Edition, is amended by adding a new subsection J110.3 to read as follows:
J110.3 Plans.
1. Erosion-control landscape plan requirements. Landscape plans shall be submitted for all slopes required to be planted. The landscape plan may be incorporated as part of the grading plan unless, in the
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opinion of the building official, the plan becomes too obscured to be effective. A landscape plan shall include:
a. A slope planting schedule that provides common and
scientific names and specifications of all plants, including the names of all species, number and size of each tree and shrub and the spacing of each tree.
b. The location of the planting.
2. Erosion-control landscape plans involving more than four structures shall be prepared and signed by a registered landscape architect. This plan shall include the details necessary to complete the project including scope of work, materials to be used (seed mixtures, plant species listed by size, quantity, fertilizer used and rate of application), construction methods, maintenance and timetable for project completion.
3. Irrigation plan requirements. Except where approved by the building official, slopes required to be planted shall be provided with an approved system of irrigation designed to cover all portions of the slope and shall be of sufficient clarity to indicate the extent of work proposed.
The irrigation system shall have zones which take into account the water requirements of the different types of plant species located in the zone and shall be adjusted to vary the water within the zone in accordance with the needs of the plant material. Care shall be taken to minimize runoff. Turf areas shall be irrigated separately from slope areas. The irrigation system provided shall make use of automatic timers, moisture sensors and low precipitation heads or emitters. The use of a drip type irrigation system is highly recommended wherever possible. Seasonal irrigation requirements of the plant species proposed shall be determined and recommendations provided as to the duration and frequency of irrigation. Specifications for proposed devices, size and type of pipe, flow and precipitation rates are to be included on the erosion-control landscape plan.
An approved backflow prevention device shall be installed in each irrigation system, which conforms to Chapter 6 of the Uniform Plumbing Code. Projects with access to or of sufficient size to economically justify the use of reclaimed water through use of a dual distribution system are encouraged to do so. Prior to building official approval, reclaimed water irrigation systems are subject to the approval of the state water quality control board.
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If the planting requirements specified in Section 4 are waived by the building official, the requirements specified in this subsection may be waived.
4. Sediment control plan. A sediment control plan shall be incorporated as part of the grading plan by a registered civil engineer or erosion control specialist. The plan shall minimize the deposition of sediment from rough graded lots and streets to adjacent properties. a. Temporary sediment control measures may consist of the placement of straw or hay bales, gravel or earth-filled sandbags, gravel or earthen berms, filter fabric type fences and desilting basins with energy dissipaters.
b. The placement and design of sediment control measures shall be based on a hydrologic study of the site.
c. The sediment control plan shall specify the placement of the sediment control measures including spacing, alignment and typical detail.
d. In addition, all notes and related information shall be included on the sediment control plan.
e. The sediment control plan shall be submitted and approved prior to the issuance of a grading permit.
Section J110 of Appendix Chapter J, of the California Building Code, 2022 Edition, is amended by adding a new subsection J110.4 to read as follows:
J110.4 Planting method. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short- term coverage of the slope as well as long-term permanent coverage.
Minimum requirements shall include:
1. Planting holes. Planting holes shall be excavated twice as wide as the diameter and two inches less than the depth of the root ball of the plant. The planting holes shall be backfilled with a mixture of native soil, slowly decomposing organic matter and an appropriate fertilizer. The construction of a watering basin at the base of all trees and shrubs at a distance encompassing the drip line is recommended in order to encourage deep percolation of irrigation. The application of mulch to the surface area of the watering basin will help minimize the amount of irrigation lost to evaporation. Commercially prepared mulch, wood chips, grass clippings or a combination of vegetal matter may be used in this regard.
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2. Staking. Each tree shall be staked in order to anchor the root system and to support the trunk in an upright position. Stake material shall be of adequate dimension and length to support the tree. Ties used for tying the tree to the stake shall have a broad surface to minimize rubbing or girdling and have some elasticity. In lieu of stakes, a three-wire, tie-down system may be used.
3. Ground cover spacing. Ground covers are to be spaced in such a manner that 100 percent coverage of the planted slope will be achieved in as short a time as possible.
4. The finish grading and drainage, provided on the adjacent all- planted slopes, shall promote healthy plant growth and minimize erosion and runoff.
Exceptions: Waiver of planting requirements. Waiver of planting and irrigation requirements may be approved by the building official if found to be unreasonable or unnecessary for one of the following reasons:
1. The erosion resistant character of material composing the slopes makes planting unnecessary.
2. The unavailability of water making irrigation either impossible or impractical.
3. Slope heights are less than those requiring planting by subsection (a) of this section.
Section J110 of Appendix Chapter J, of the California Building Code, 2022 Edition, is amended by adding a new subsection J110.5 to read as follows:
J110.5 Planting maintenance. All vegetation planted for erosion control shall be maintained in a healthy, vigorous condition. Maintenance of slopes shall include watering, weeding and restoration of any plant material that may die. Slopes that are affected by the future installation of walls, fences, swimming pools or any other building must be properly replanted upon the completion of subsequent projects.
Section J110 of Appendix Chapter J, of the California Building Code, 2022 Edition, is amended by adding a new subsection J110.6 to read as follows:
J110.6 Bonding. A performance bond for all projects involving more than four structures and such other projects, as may be determined by the building official, shall be required for erosion control remedies, at the time the landscaping plan is approved. The bond shall be released
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upon approval of the final planting inspection but may be earlier released in the discretion of the building official.
Section J110.7 of Appendix Chapter J, of the California Building Code, 2022 Edition, is amended by adding a new subsection J110.7 to read as follows:
J110 Final planting inspection. A final planting inspection shall be required for all building sites requiring planting. For building sites not requiring a performance bond, the final planting inspection shall be approved prior to the building permit final inspection. Any required irrigation system and all planting shall be installed at the time of the final planting inspection. A function a test of the irrigation system may be required. For building sites requiring a performance bond, slope certification required by the next subsection shall be approved prior to the building permit final inspection. The final planting inspection shall be performed at the end of the one-year bond period.
Section J110 of Appendix Chapter J, of the California Building Code, 2022 Edition, is amended by adding a new subsection J110.8 to read as follows:
J110.8 Slope verification. A site inspection shall be performed by the responsible landscape architect to assure compliance with the approved plans and to perform a functional test of the sprinkler system. Said landscape architect shall verify in writing to the building official that the soils, additives, amendments, weed control, planting of the slopes and the installation of the irrigation system comply to the approved plans and to all the provisions of this section. Verification to contain a statement as to grow stock vitality.
Secs. 14-42 – 14-44. Reserved.
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Division 4. California Residential Building Code
Sec. 14-45. Adoption.
The 2022 California Residential Code, codified in Part 2.5 of Title 24 of the California Code of Regulations, including Appendices H, K, O, Q, R, S, T, and V, as such code may be amended from time to time, except as hereinafter amended by this division, is adopted by reference as the residential code of the City.
Sec.14-46. Amendments
Chapter I, Division II Administration, is deleted in its entirety from the CA Residential Code., 2022 Edition and replaced to read as follows:
DIVISION II
ADMINISTRATION
Section R101
General
R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of City of Hemet, and shall be cited as such and will be referred to herein as “this code.”
R101.2 Scope. The provisions of the code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of 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.
Exception: The following shall be permitted to be constructed in accordance with 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.
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5. A care facility for five or fewer persons receiving care that are within a single-family dwelling.
R101.3 Intent. The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.
Section R102
Applicability
R102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
R102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
R102.3 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.
R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2.
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.
R102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
R102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
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R102.5 Appendices. Provisions in the appendices shall not apply except for Appendix Chapter H, K, O, Q, R, S, T, and V unless specifically referenced in the adopting ordinance.
R102.6 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
R102.7.1 Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.
R102.7.2 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 comply with the provisions of the California Building Code or California Residential Code, as applicable, for new construction or with any current permit for such occupancy.
R102.7.3 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, except as otherwise specifically provided in this code, the California Fire Code or International Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
Section R103
Department of Life Safety
R103.1 Creation of enforcement agency. The department of life safety is hereby created and the official in charge thereof shall be known as the chief building official. Any reference to building official in the adopted codes shall also be known as the chief building official.
R103.2 Appointment. The building official shall be appointed by the jurisdiction.
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R103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.
Section R104
Duties and Powers of the Building Official
R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
R104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
R104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code.
R104.4 Inspections. The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
R104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code that
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makes the structure or premises unsafe, dangerous or hazardous, the building official or designee is 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 is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
R104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records.
R104.8 Liability. The building official, 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 civilly or criminally 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.
R104.8.1 Legal defense. Any suit or criminal complaint 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 legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
R104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
R104.9.1 Used materials and equipment. Used materials, equipment and devices shall not be reused unless approved by the building official.
R104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that special individual
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reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
R104.10.1 Flood hazard areas. The building official shall not grant modifications to any provisions required in flood hazard areas as established by Table R301.2(1) unless a determination has been made that:
1. There is good and sufficient cause showing that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section R322 inappropriate.
2. Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.
3. The granting of modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. The modification is the minimum necessary to afford relief, considering the flood hazard.
5. Written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the design flood elevation increases risks to life and property, has been submitted to the applicant.
R104.11 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. The building official shall have the authority to approve alternative material, design or method of construction upon application of the owner or owner's authorized agent. The building official shall first find that the proposed design 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 Codes shall be an alternative to the specific requirements
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of this code. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.
R104.11.1 Tests. Where 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 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 building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.
Section R105
Permits
R105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
R105.2 Work exempt from permit. Exemption from permit
requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15m2) and all setbacks per the Hemet municipal code are adhered to.
2. Fences constructed of wood, vinyl or other approved materials not requiring a continuous footing and not over 42 inches high.
3. Retaining walls, concrete and masonry walls that are not over 3 feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
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4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
R105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
R105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements.
R105.2.3 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.
R105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
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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 in Section R106.1.
5. State the valuation of the proposed work.
6. Be signed by the applicant or the applicant’s authorized agent.
7. Give such other data and information as required by the building official.
R105.3.1 Action on application. 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 or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2(1), the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work.
For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or repair of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R322.
For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure
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before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its predamaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following:
1. Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.
2. Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following:
2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.
2.2. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district.
2.3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.
R105.3.2 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 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 and accompanied by an application extension fee as set by the Hemet Fee Schedule. Not more than one extension can be granted wherein the 2022 California Residential Code is no longer enforced by the City of Hemet.
R105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is authorized to prevent occupancy or use of a structure
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where in violation of this code or of any other ordinances of this jurisdiction.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work commenced. Before such work can be recommenced after a permit expires, a new permit shall first be obtained to do so, and a fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days per extension.
Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required.
The extension shall be requested in writing prior to the permit expiring and show justifiable cause demonstrating that circumstances beyond the control of the permittee have prevented action from being taken.
The extension request is also subject to a fee in accordance with the City of Hemet fee schedule.
R105.6 Suspension or revocation. The building official is 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.
105.6.1. Unfinished buildings and structures. Whenever the building official determines by inspection that work in or on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period 180 days or more, the owner of the property upon which such building or structure is located or other person or agent of control of said property, upon receipt of notice in writing from the building official to do so, shall, within 60 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the building or structure within 90 days from the date of written notice.
R105.7 Placement of permit. The building permit or a copy shall be kept on the site of the work until the completion of the project.
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R105.8 Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, or structure, for which this code is applicable, to comply with this code.
R105.9 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
Section R106
Construction Documents
R106.1 Submittal documents. Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code.
R106.1.1 Information on construction documents. Construction documents shall be drawn upon suitable material. Electronic media documents are permitted to be submitted where approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.
R106.1.2 Manufacturer’s installation instructions. Manufacturer’s installation instructions, as required by this code, shall be available on the job site at the time of inspection.
R106.1.3 Information on braced wall design. For buildings and structures utilizing braced wall design, and where required by the building official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation
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requirements of braced wall panels at top and bottom shall be provided.
R106.1.4 Information for construction in flood hazard areas. For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1), construction documents shall include:
1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.
2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade.
3. The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zone) and in Coastal A Zones where such zones are delineated on flood hazard maps identified in Table R301.2(1) or otherwise delineated by the jurisdiction.
4. If design flood elevations are not included on the community’s Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.
R106.1.5 Exterior balconies and elevated walking surfaces. 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, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.
R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.
R106.3 Examination of documents. The building official shall examine or cause to be examined construction documents for code compliance.
R106.3.1 Approval of construction documents. Where the building official issues a permit, the construction documents shall be approved in writing or by a stamp that states “REVIEWED FOR CODE COMPLIANCE.”
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One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
R106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
R106.3.3 Phased approval. The building official is 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 holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.
R106.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
R106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.
Section R107
Temporary Structures and Uses
R107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days.
The building official is authorized to grant extensions for demonstrated cause.
R107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.
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R107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the California Electrical Code.
R107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
Section R108
Fees
R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. A permit shall be considered revoked if payment is returned for insufficient funds.
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the City of Hemet, Building Division Schedule of Fees and Charges.
R108.2.1 Fee Not Specified. When a permit is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet, Building Division Schedule of Fees and Charges, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the inspection as set forth in the City of Hemet, Fee Schedule or the actual cost to the jurisdiction by an outside consultant.
The administration cost for processing such inspection shall be charged at the FBHR for the staff classification performing such work.
R108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.
R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not
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relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
R108.5 Refunds. The building official may authorize refunding of any fee paid hereunder in the following situations.
1. Wherein a fee was erroneously paid or collected.
2. The building official may authorize refunding of not more than 75 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done.
3. The building official may authorize refunding of not more than 75 percent of the permit fee when an application for permit is withdrawn or canceled before any inspections are performed.
The building official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment. Except for the refunding of fees paid in error, no refund of permit or plan review fees shall be made where the permit or plan review fee paid is $100.00 or less.
R108.6. Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. The special investigation fee shall be double the permit fee. This fee shall be in addition to the required permit fees. The special investigation fee shall be made before a permit may be issued for such work.
R108.7 Plan Review Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a plan review, a fee for each plan review shall be paid as required in accordance with the City of Hemet, Building Division Schedule of Fees and Charges.
Upon submittal construction documents, this fee shall be due and payable before the construction documents will be reviewed.
When plans are incomplete, changed so as to require additional plan review or require 3 or more reviews, an additional plan review fee shall be charged at the rate shown in the City of Hemet, Building Division Schedule of Fees and Charges or fees accrued by the City of Hemet consultant.
R108.8 Fee Not Specified. When a plan review is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet, Building Division Schedule of Fees and Charges, a fee shall be charged
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based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the plan review as set forth in the City of Hemet, Fee Schedule or the actual cost to the jurisdiction by an outside consultant.
The administration cost for processing such plan review shall be charged at the FBHR for the staff classification performing such work.
Section R109
Inspections
R109.1 Types of inspections. For on-site construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code. The enforcing agency upon notification of the permit holder or their agent shall within a reasonable time make the inspections set forth in Sections R109.1.1, R109.1.1.1, R109.1.3, R109.1.4, R109.1.4.1, R109.1.4.2, R109.1.5, R109.1.5.1, R109.1.5.2, R109.1.6, R109.1.6.1 and R109.1.6.2.
Note: 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.
R109.1.1 Foundation inspection. Inspection of the foundation and footings shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation or footings inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. Materials for the foundation shall be on the job site except where concrete is ready-mixed in accordance with ASTM C94. Under this circumstance, concrete is not required to be at the job site.
R109.1.1.1 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, conduits, 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.
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R109.1.2 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.
Exception: Backfilling of ground-source heat pump loop systems tested in accordance with Section M2105.28 prior to inspection shall be permitted.
R109.1.3 Floodplain inspections. For construction in flood hazard areas as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Section R322.
R109.1.4 Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping and bracing are in place and after chimneys and vents to be concealed are completed and the rough electrical, plumbing, heating, wires, pipes and ducts are approved.
R109.1.4.1 Moisture content verification. Moisture content of framing members shall be verified in accordance with the California Green Building Standards Code, Chapter 4, Division 4.5.
R109.1.4.2 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.
R109.1.5 Other inspections. In addition to inspections in Sections R109.1.1 through R109.1.4.2, the building official shall have the authority to make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official.
R109.1.5.1 Fire-resistance-rated construction inspection. Where fire- resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.
R109.1.5.2 Special inspections. For special inspections, see California Building Code, Chapter 17.
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R109.1.5.3 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.
Exception: Where special inspections are provided in
accordance with the California Building Code Section 1705.1.1, Item 3.
R109.1.6 Final inspection. Final inspection shall be made after the permitted work is complete and prior to occupancy.
R109.1.6.1 Elevation documentation. If located in a flood hazard area, the documentation of elevations required in Section R322.1.10 shall be submitted to the building official prior to the final inspection.
R109.1.6.2 Operation and maintenance manual. At the time of final inspection, a manual, compact disc, web-based reference or other media acceptable to the enforcing agency shall be placed in the building in accordance with the California Green Building Standards Code, Chapter 4, Division 4.4.
R109.2 Inspection agencies. The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
R109.3 Inspection requests. It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. 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.
R109.4 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. 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 wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
R109.5 Re-Inspection Fee. When a requested inspection is not complete and requires a re-inspection by the City, the owner shall pay a re-inspection fee prior to the work being re-inspected. A re-inspection
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fee shall also be charged when the City is unable to gain access to the area of work to be inspected.
Section R110
Certificate of Occupancy
R110.1 Use and occupancy. A building or structure shall not be used or occupied, and a change of occupancy or change of use of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
Exceptions:
1. Certificates of occupancy are not required for work exempt from permits under Section R105.2.
2. Accessory buildings or structures.
R110.2 Change in use. Changes in the character or use of an existing structure shall not be made except as specified in Chapter 11 of the California Fire Code and California Existing Building Code.
R110.3 Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy containing the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
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8. If an automatic sprinkler system is provided and whether the sprinkler system is required.
9. Any special stipulations and conditions of the building permit.
R110.4 Temporary occupancy. The building official is 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 building official shall set a time period during which the temporary certificate of occupancy is valid.
R110.5 Revocation. The building official shall, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
Section R111
Service Utilities
R111.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until approved by the building official.
R111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power.
R111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section R102.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section R111.1 or R111.2. The building official shall notify the serving utility and where possible the owner or the owner’s authorized agent and 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, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
Section R112
Board of Appeals
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R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this Code, there shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member and shall act as secretary to said Board, but shall have no vote upon any matter before the Board.
The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. 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 building official.
R112.2 Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code.
R112.3 Appeal hearing fee. A fee, as provided in the current City of Hemet, Building Division Schedule of Fees and Charges, shall accompany an application for a hearing before the Board of Appeals.
R112.4 Special purposes members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) members shall be added who shall have a disability as defined by Section 202 of the California Building Code, 2022 Edition.
R112.5 Notice of appeal. Within the limitations provided for below, a person aggrieved by any order, act or determination of the building official or his subordinates, may appeal therefrom to the board of appeals. The appeal shall be taken by filing a written notice of appeal within 15 days, exclusive of holidays, after the date of making the order or determination or performing the act and by paying the appeal hearing fee. The notice of appeal must be in writing on a form provided by the city, and the notice must be filed and the fee paid at the office of the building official. The notice of appeal shall be sufficient if it identifies the act, order or determination appealed from and stated wherein it is erroneous or invalid. The operation of the act, order, or determination appealed from is suspended by the filing of the notice of appeal and upon the determination of the appeal or termination of proceedings thereunder.
R112.6. Hearing. The chairman of said board shall fix the time and place of hearing the appeal. The date of hearing shall not be less than five days nor more than 15 days after the date of filing the notice of appeal, and the hearing must not be postponed for more than ten days without
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good and sufficient cause. The board shall give written notice of the time and place of such hearing to the appellant and the officer or head of the department or division whose act, order, or determination is appealed from. Witnesses may be sworn and examined and evidence produced by interested parties, who may appear in person or by attorney. The board shall keep a record of each appeal and proceedings thereunder. At the conclusion of the hearing, the board shall prepare and file its written findings and decision. The affirmative vote of two- thirds of the board is necessary to modify or reverse the order, act or determination appealed from. The failure of the board to file its findings and decisions within five days after termination of the hearing shall result in the automatic confirmation of the order, act or determination appealed from.
R112.7 Final decision. Any person aggrieved or affected by a decision of the board may appeal to the city council from such decision at any time within ten days after the date upon which the board announces its decision or loses jurisdiction. An appeal to the city council shall be taken by filing a letter of appeal with the building division and by concurrently paying to such division an appeal hearing fee in the amount established by Table A. Such letter shall set forth the grounds upon which the appeal is based. Within 15 days after the receipt of the letter of appeal and the filing fee, the building division shall transmit to the city council the letter of appeal and the record of appeal at the board and the board's findings and decision. The city council may affirm, reverse, or modify the decision of the board.
R112.8 Absence of Board of Appeals. In the event the board as established in Section R112.1 herein above should for any reason not be appointed by the city council or cease to exist after such appointment, the city council may serve as the board of appeals.
Section R113
Violations
R113.1 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.
R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the
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provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
R113.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction 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.
R113.4 Violation penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1-8 of the Hemet Municipal Code.
R113.5 In addition thereto, violation of this code is declared to be a public nuisance, and the city attorney may institute necessary legal procedures for the abatement, removal or the enjoinment thereof in the manner provided by law, or may take such other steps as he or she deems necessary to accommodate these ends.
Section R114
Stop Work Order
R114.1 Notice to owner or the owner’s authorized agent. Upon notice from the building official that work on any building or structure is being executed contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s authorized agent or to the person performing the work and shall state the conditions under which work will be permitted to resume.
R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
Section R115
Unsafe Structures and Equipment
R115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate
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means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
R115.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
R115.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
R115.4 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
R115.5 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Section 105.2.2 and the California Existing Building Code.
R115.6 Intent. This section establishes standard place cards to be used to indicate the condition of a structure for continued occupancy. The section further authorizes the building official and his or her authorized representatives to post the appropriate place card at each entry point to a building or structure upon completion of a safety assessment.
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R115.7 Application of Provisions. The provisions of this section are applicable to all buildings and structures and all occupancies regulated by the city. The city council may extend the provisions as necessary.
R115.8 Definitions. Safety Assessment means a visual, non-destructive examination of a building or structure for continued occupancy.
R115.9 Place cards.
1. The following are verbal descriptions of the official jurisdiction place cards to be used to designate the condition for continued occupancy of buildings or structures.
a. “INSPECTED – Lawful Occupancy Permitted” (Green Placard) is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
b. “RESTRICTED USE” (Yellow Placard) is to be posted on each building or structure that has been damage wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.
c. "UNSAFE - Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the building official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.
2. The number of the ordinance codified in this section, the name of the jurisdiction, its address and phone number shall be permanently affixed to each placard.
3. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building official. It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.
Section 116 Rubbish and Debris.
R116.1 Rubbish and Debris. Every person who constructs, alters, adds to, rehabilitates, places or repairs any building structure or building
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service equipment is subject to the following provision relating to rubbish and debris:
1. Collection and Disposal. During the process of constructing a building or structure, the construction site and the general area around the site shall be kept clear of rubbish and debris that result from the construction activities. Rubbish and debris shall not be allowed to accumulate on or be blown from the site and shall be placed inappropriate containers or removed from the construction site to an authorized disposal area. All containers shall be emptied periodically at an authorized disposal area so they will remain usable for the collection of rubbish and debris. When the building or structure is completed, a final cleanup of the site shall be conducted by the permittee.
2. Inspections. A permit holder shall not be entitled to, and no building inspector shall make an inspection of any phase of completed construction work, including the final inspection, if the construction site or general area thereof contains an accumulation of construction rubbish and debris. If a building inspector is unable to conduct a requested inspection because of an accumulation of rubbish and debris, a re-inspection fee may be assessed and required to be paid prior to a request for re-inspection is made. Failure to maintain a construction site clear of waste and other trash or debris, and in such a manner that is determined to constitute a health and safety hazard or constitutes a public nuisance, shall result in the issuance of a Stop Work order.
3. Rubbish and debris for the purpose of this section, includes, but is not limited to, stub ends of cut lumber, broken lumber and other scrap wood, scrap cement and plaster, scrap metal, paper cartons, wrappings, and similar materials that result from the process of constructing a building or structure.”
Section 117 Working Hours
R117 Working Hours. Construction activities shall be permitted between the hours of 6:00 a.m. and 6:00 p.m. during the months of June through September and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May. Saturday construction shall be permitted between the hours of 7:00 a.m. and 6:00 p.m.
Sunday construction shall be prohibited. Exceptions to these standards may be granted only by the City building official and/or the city council.
This subsection is not intended to prohibit infrequent homeowner or small construction on the site of an existing home.
Sec. 14-47 – 14-49. Reserved.
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Division 5. California Electrical Code
Sec. 14-50. Adoption
The 2022 California Electrical Code, codified in Part 3 of Title 24 of the California Code of Regulations, including Annex Chapters A, B, C, D, E, F and G, and as such code may be amended from time to time, except as hereinafter amended by this Division, is adopted by reference as the electrical code of the City.
Sec. 14-51. Amendments
Subsection 89.108.4 of Section 89.108 of Article 89 of the California Electrical Code, 2022 Edition is deleted in its entirety and replaced to read as follows:
89.108.4 Permits, Fees, Applications and Inspections.
89.108.4.1 Permits.
(a) Except as exempted in paragraph (b) of this subsection, a written construction permit shall be obtained from the enforcing agency prior to the erection, construction, reconstruction, installation, movement, or alteration of any electrical system.
(b) Consistent with the requirements of Section 17960 of the Health and Safety Code, the local enforcing agency shall enforce the requirements of this code, but shall exempt the following activities from the requirement for a permit or inspection.
1. Listed cord and plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles, but not the outlets therefore.
3. Repair or replacement of branch circuit overcurrent devices of the required capacity in the same
location.
4. Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.
Exemptions from permit and inspection requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of any other provision of law or this code.
89.108.4.2 Fees. Subject to other provisions of law, the governing body of any city, county, or city and county may prescribe fees to defray the cost of enforcement of rules and regulations promulgated by the Department of Housing and Community Development. The amount of the fees shall not exceed the amount reasonably necessary to
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administer or process permits, certificates, forms, or other documents, or to defray the costs of enforcement. Those fees are specified in the City of Hemet, Building Division Schedule of Fees and Charges. For additional information, see State Housing Law, Health
and Safety Code, Division 13, Part 1.5, Section 17951 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Article 3, commencing with Section 6.
89.108.4.2.1 Fee Not Specified. When a permit is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet, Building Division Schedule of Fees and Charges, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the inspection as set forth in the City of Hemet, Fee Schedule or the actual cost to the jurisdiction by an outside consultant.
The administration cost for processing such inspection shall be charged at the FBHR for the staff classification performing such work.
89.104.4.2.2 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
89.104.4.2.3 Refunds. The building official may authorize refunding of any fee paid hereunder in the following situations.
1. Wherein a fee was erroneously paid or collected.
2. The building official may authorize refunding of not more than 75 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done.
3. The building official may authorize refunding of not more than 75 percent of the permit fee when an application for permit is withdrawn or canceled before any inspections are performed.
The building official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment. Except for the refunding of fees paid in error, no refund of permit or plan review fees shall be made where the permit or plan review fee paid is $100.00 or less.
89.104.2.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. The special investigation fee shall be double the permit fee. This fee shall be in addition to the
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required permit fees. The special investigation fee shall be made before a permit may be issued for such work.
89.108.4.3 Plan Review and Time Limitations. Subject to other provisions of law, provisions related to plan checking, prohibition of excessive delays and contracting with or employment of private parties to perform plan checking are set forth in State Housing Law, Health and Safety Code Section 17960.1, and for employee housing, in Health and Safety Code Section 17021.
89.108.4.3.1 Retention of Plans. The building department of every city, county, or city and county
shall maintain an official copy, microfilm, or electronic or other type of photographic copy of the plans of every building, during the life of the building, for which the department issued a building permit.
Exceptions:
1. Single or multiple dwellings not more than two stories and basement in height.
2. Garages and other structures appurtenant to buildings listed in Exception (1).
Farm or ranch buildings appurtenant to buildings listed in Exception ( I ).
Any one-story building where the span between bearing walls does not exceed 25 feet (7620 mm), except a steel frame or concrete building.
All plans for common interest developments as defined in Section 4100 of the California Civil Code shall be retained. For additional information regarding plan retention and reproduction of plans by an enforcing agency, see Health and Safety Code Sections 19850 through 19852.
89.108.4.3.2 Plan Review Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a plan review, a fee for each plan review shall be paid as required in accordance with the City of Hemet, Building Division Schedule of Fees and Charges.
Upon submittal construction documents, this fee shall be due and payable before the construction documents will be reviewed.
When plans are incomplete, changed so as to require additional plan review or require 3 or more reviews, an additional plan review fee shall be charged at the rate shown in the City of Hemet, Building Division Schedule of Fees and Charges or fees accrued by the City of Hemet consultant.
89.108.4.3.3 Fee Not Specified. When a plan review is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet, Building Division Schedule of Fees and Charges, a fee shall be charged
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based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the plan review as set forth in the City of Hemet, Fee Schedule or the actual cost to the jurisdiction by an outside consultant.
The administration cost for processing such plan review shall be charged at the FBHR for the staff classification performing such work.
89.108.4.4 Inspections. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed 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 other regulations of the Department of Housing and Community Development.
89.108.4.5 Unfinished buildings and structures. Whenever the building official determines by inspection that work in or on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period 180 days or more, the owner of the property upon which such building or structure is located or other person or agent of control of said property, upon receipt of notice in writing from the building official to do so, shall, within 60 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the building or structure within 90 days from the date of written notice.
89.108.4.6 Qualified Persons. For all commercial projects and multi- family dwelling units containing 4 or more units, a California Licensed Electrical Contractor shall be responsible for obtaining permits for electrical work performed within or on the building. When an electrical system has been altered to the extent in violation of this code, the Building Official may authorize, at his discretion, that the electrical system and any repairs necessary be performed or certified by a California Licensed Electrical Contractor.
Subsection 89.108.8 of Section 89.108 of Article 89 of the California Electrical Code, 2022 Edition is deleted in its entirety and replaced to read as follows:
89.108.8 Appeals Board.
89.108.8.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this Code, there shall be and is hereby created a Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member and shall act as secretary
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to said Board, but shall have no vote upon any matter before the Board.
The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. 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 building official.
89.108.8.2 Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code.
89.108.8.3 Appeal hearing fee. A fee, as provided in the current City of Hemet, Building Division Schedule of Fees and Charges, shall accompany an application for a hearing before the Board of Appeals.
89.108.8.4 Special purposes members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) members shall be added who shall have a disability as defined by Section 202 of the California Building Code, 2022 Edition.
89.108.8.5 Notice of appeal. Within the limitations provided for below, a person aggrieved by any order, act or determination of the building official or his subordinates, may appeal therefrom to the board of appeals. The appeal shall be taken by filing a written notice of appeal within 15 days, exclusive of holidays, after the date of making the order or determination or performing the act and by paying the appeal hearing fee. The notice of appeal must be in writing on a form provided by the city, and the notice must be filed and the fee paid at the office of the building official. The notice of appeal shall be sufficient if it identifies the act, order or determination appealed from and stated wherein it is erroneous or invalid. The operation of the act, order, or determination appealed from is suspended by the filing of the notice of appeal and upon the determination of the appeal or termination of proceedings thereunder.
89.108.8.6. Hearing. The chairman of said board shall fix the time and place of hearing the appeal. The date of hearing shall not be less than five days nor more than 15 days after the date of filing the notice of appeal, and the hearing must not be postponed for more than ten days without good and sufficient cause. The board shall give written notice of the time and place of such hearing to the appellant and the officer or head of the department or division whose act, order, or determination is appealed from. Witnesses may be sworn and examined and evidence produced by interested parties, who may appear in person or by attorney. The board shall keep a record of each appeal and proceedings thereunder. At the conclusion of the hearing, the board shall prepare
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and file its written findings and decision. The affirmative vote of two- thirds of the board is necessary to modify or reverse the order, act or determination appealed from. The failure of the board to file its findings and decisions within five days after termination of the hearing shall result in the automatic confirmation of the order, act or determination appealed from.
89.108.8.7 Final decision. Any person aggrieved or affected by a decision of the board may appeal to the city council from such decision at any time within ten days after the date upon which the board announces its decision or loses jurisdiction. An appeal to the city council shall be taken by filing a letter of appeal with the building division and by concurrently paying to such division an appeal hearing fee in the amount established by Table A. Such letter shall set forth the grounds upon which the appeal is based. Within 15 days after the receipt of the letter of appeal and the filing fee, the building division shall transmit to the city council the letter of appeal and the record of appeal at the board and the board's findings and decision. The city council may affirm, reverse, or modify the decision of the board.
89.108.8.8 Absence of Board of Appeals. In the event the board as established in Section R112.1 herein above should for any reason not be appointed by the city council or cease to exist after such appointment, the city council may serve as the board of appeals.
Secs. 14-57 – 14-59. Reserved.
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Division 6. California Mechanical Code
Sec. 14-55. Adoption.
The 2022 California Mechanical Code, codified in Part 4 of Title 24 of the California Code of Regulations, including Appendix Chapters A, B, C and D, as such code may be amended from time to time, except as hereinafter amended by this Division, is adopted by reference as the mechanical code of the City.
Sec. 14-56. Amendments.
Chapter I, Division II Administration, is deleted in its entirety from the California Mechanical Code, 2022 Edition and replaced to read as follows:
DIVISION II
ADMINISTRATION
101.0 General.
101.1 Title. This document shall be known as the Mechanical Code of City of Hemet, may be cited as such, and will be referred to herein as "this code."
101.2 Scope. The provisions of this code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of mechanical systems within this jurisdiction. 101.3 Purpose. This code is an ordinance providing minimum requirements and standards for the protection of the public health, safety, and welfare.
101.4 Unconstitutional. Where a section, subsection, sentence, clause, or phrase of this code is, for a reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The legislative body hereby declares that it would have passed this code, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, and phrases are declared unconstitutional. 101.5 Validity. Where a provision of this code, or the application thereof to a person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.
102.0 Applicability.
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102.1 Conflicts Between Codes. Where the requirements within the jurisdiction of this mechanical code conflict with the requirements of the plumbing code, the plumbing code shall prevail. In instances where this code, applicable standards, or the manufacturer's installation instructions conflict, the more stringent provisions shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall prevail. [OSHPD 1, 1R, 2, 3, 4 & 5] See Chapter 1, Division I, Section 1.1.7.
102.2 Existing Installations. Mechanical systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use, maintenance, or repair continued where the use, maintenance, or repair is in accordance with the original design and location and no hazard to life, health, or property has been created by such mechanical system.
102.3 Maintenance. Mechanical systems, materials, and
appurtenances, both existing and new, of a premise under the Authority Having Jurisdiction shall be maintained in operating condition. Devices or safeguards required by this code shall be maintained in accordance with the code edition under which installed.
The owner or the owner's designated agent shall be responsible for maintenance of mechanical systems. To determine compliance with this subsection, the Authority Having Jurisdiction shall be permitted to cause a mechanical system to be reinspected.
102.3.1 Commercial HVAC Systems. Commercial HVAC systems both existing and new, and parts thereof shall be inspected and maintained in operating condition in accordance with ASHRAE/ACCA 180. The owner or the owner's designated agent shall be responsible for maintenance of mechanical systems and equipment. To determine compliance with this subsection, the Authority Having Jurisdiction shall be permitted to cause a HVAC system to be reinspected.
102.3.2 Residential HVAC Systems. Residential HVAC systems both existing and new, and parts thereof shall be inspected in accordance with ACCA 4 QM. The owner or the owner's designated agent shall be responsible for maintenance of mechanical systems and equipment. To determine compliance with this subsection, the Authority Having Jurisdiction shall be permitted to cause a HVAC system to be reinspected.
102.4 Additions, Alterations, Renovations, or Repairs. Additions, alterations, renovations, or repairs shall conform to that required for a new system without requiring the existing mechanical system to be in accordance with the requirements of this code. Additions, alterations,
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renovations, or repairs shall not cause an existing system to become unsafe, insanitary or overloaded.
Additions, alterations, renovations, or repairs to existing mechanical system installations shall comply with the provisions for new construction, unless such deviations are found to be necessary and are first approved by the Authority Having Jurisdiction.
102.5 Health and Safety. Where compliance with the provisions of this code fail to eliminate or alleviate a nuisance, or other dangerous or insanitary condition that involves health or safety hazards, the owner or the owner's agent shall install such additional mechanical system facilities or shall make such repairs or alterations as ordered by the Authority Having Jurisdiction.
102.6 Changes in Building Occupancy. Mechanical systems that are a part of a building or structure undergoing a change in use or occupancy, as defined in the building code, shall be in accordance with the requirements of this code that are applicable to the new use or occupancy.
102.7 Moved Structures. Parts of the mechanical system of a building and part thereof that is moved from one foundation to another, or from one location to another, shall be in accordance with the provisions of this code for new installations and completely tested as prescribed elsewhere in this section for new work, except that walls or floors need not be removed during such test where equivalent means of inspection acceptable to the Authority Having Jurisdiction are provided. 102.8 Appendices. The provisions in the appendices are intended to supplement the requirements of this code and shall not be considered part of this code unless formally adopted as such.
103.0 Duties and Powers of the Authority Having Jurisdiction. 103.1 General. The Authority Having Jurisdiction shall be the Authority duly appointed to enforce this code. For such purposes, the Authority Having Jurisdiction shall have the powers of a law enforcement officer.
The Authority Having Jurisdiction shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall comply with the intent and purpose of this code.
In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint such number of technical officers, inspectors, and
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other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency.
The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties required by this code or other pertinent law or ordinance.
103.2 Liability. The Authority Having Jurisdiction charged with the enforcement of this code, acting in good faith and without malice in the discharge of the authority Having Jurisdiction's duties, shall not thereby be rendered personally liable for damage that accrues to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Authority Having Jurisdiction or employee because of such act or omission performed in the enforcement of provisions of this code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.
103.3 Applications and Permits. The Authority Having Jurisdiction shall be permitted to require the submission of plans, specifications, drawings, and such other information in accordance with the Authority Having Jurisdiction, prior to the commencement of, and at a time during the progress of, work regulated by this code.
The issuance of a permit upon construction documents shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said construction documents or from preventing construction operations being carried on thereunder where in violation of this code or of other pertinent ordinance or from revoking a certificate of approval where issued in error.
103.3.1 Licensing. Provision for licensing shall be determined by the Authority Having Jurisdiction.
103.4 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Authority Having Jurisdiction has reasonable cause to believe that there exists in a building or upon a premises a condition or violation of this code that makes the building or premises unsafe, insanitary, dangerous, or hazardous, the Authority Having Jurisdiction shall be permitted to enter the building or premises at reasonable times to inspect or to perform the duties imposed upon the Authority Having Jurisdiction by this code, provided that where such building or premises is occupied, the Authority Having Jurisdiction shall present credentials to the occupant
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and request entry. Where such building or premises is unoccupied, the Authority Having Jurisdiction shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. Where entry is refused, the Authority Having Jurisdiction has recourse to every remedy provided by law to secure entry.
Where the Authority Having Jurisdiction shall have first obtained an inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care, or control of a building or premises shall fail or neglect, after a request is made as herein provided, to promptly permit entry herein by the Authority Having Jurisdiction for the purpose of inspection and examination pursuant to this code.
104.0 Permits.
104.1 Permits Required. It shall be unlawful for a person, firm, or corporation to make an installation, alteration, repair, replacement, or remodel a mechanical system regulated by this code except as permitted in Section 104.2, or to cause the same to be done without first obtaining a separate mechanical permit for each separate building or structure.
104.2 Exempt Work. A permit shall not be required for the following:
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 a component part that does not alter its original approval and is in accordance with other applicable requirements of this code.
4. Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of this code.
5. A unit refrigerating system.
Exemption from the permit requirements of this code
shall not be deemed to grant authorization for work to
be done in violation of the provisions of the code or
other laws or ordinances of this jurisdiction.
104.3 Application for Permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the Authority Having Jurisdiction for that purpose. Such application shall:
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1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land upon 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 or occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other data in accordance with Section 104.3.1.
5. Be signed by the permittee or the permittee's authorized agent. The Authority Having Jurisdiction shall be permitted to require evidence to indicate such authority.
6. Give such other data and information in accordance with the Authority Having Jurisdiction.
104.3.1 Construction Documents. Construction documents, engineering calculations, diagrams, and other data shall be submitted in two or more sets with each application for a permit. The construction documents, computations, and specifications shall be prepared by, and the mechanical system designed by, a registered design professional.
Construction documents shall be drawn to scale with clarity to identify that the intended work to be performed is in accordance with the code.
Exception: The Authority Having Jurisdiction shall be permitted to waive the submission of construction documents,
calculations, or other data where the Authority Having
Jurisdiction finds that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with the code.
104.3.2 Plan Review Fees. When plans or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be charged as stated in the City of Hemet Fee Schedule.
Upon submittal construction documents, this fee shall be due and payable before the construction documents will be reviewed.
The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5 and are in addition to the permit fees.
When plans are incomplete, changed or require 3 or more reviews so as to require additional plan review, an additional plan review fee shall be
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charged stated in the City of Hemet Fee Schedule or the actual expense incurred by the City of Hemet.
104.3.3 Fee Not Specified. When a plan review is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet Fee Schedule, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the plan review as set forth in the City of Hemet Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such plan review and extensions shall be charged at the FBHR for the staff classification performing such work.
104.3.4 Time Limitation of Application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, plans and other data submitted for review thereafter, shall be returned to the applicant or destroyed by the Authority Having Jurisdiction. The Authority Having Jurisdiction shall be permitted to extend the time for action by the applicant for a period not to exceed 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken and accompanied by a plan review extension fee as set forth in the City of Hemet Fee Schedule. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
104.4 Permit Issuance. The application, construction documents, and other data filed by an applicant for a permit shall be reviewed by the Authority Having Jurisdiction. Such plans shall be permitted to be reviewed by other departments of this jurisdiction to verify compliance with applicable laws under their jurisdiction. Where the Authority Having Jurisdiction finds that the work described in an application for permit and the plans, specifications, and other data filed therewith are in accordance with the requirements of the code and other pertinent laws and ordinances, and that the fees specified in Section 104.5 have been paid, the Authority Having Jurisdiction shall issue a permit therefore to the applicant.
104.4.1 Approved Plans or Construction Documents. Where the Authority Having Jurisdiction issues the permit where plans are required, the Authority Having Jurisdiction shall endorse in writing or stamp the construction documents "APPROVED." Such approved construction documents shall not be changed, modified, or altered without authorization from the Authority Having Jurisdiction, and the work shall be done in accordance with approved plans.
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The Authority Having Jurisdiction shall be permitted to issue a permit for the construction of a part of a mechanical system before the entire construction documents for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed in accordance with pertinent requirements of this code. The holder of such permit shall be permitted to proceed at the holder's risk without assurance that the permit for the entire building, structure, or mechanical system will be granted.
104.4.2 Validity of Permit. The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, a violation of the provisions of this code or other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.
The issuance of a permit based upon plans, specifications, or other data shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said plans, specifications, and other data or from preventing building operations being carried on thereunder where in violation of this code or of other ordinances of this jurisdiction.
104.4.3 Expiration. Every permit issued by the building official shall expire by limitation and become null unless work for which the permit was issued has not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced and no inspection of significant progress (as determined by the building official) is obtained for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after one year, the permittee shall pay a new full permit fee.
Exceptions:
1. Demolition permits shall be valid for a period not to exceed 60 days.
2. A permittee holding an unexpired permit may apply for an extension of the time when the permittee is unable to
commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding
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180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have
prevented action from being taken. Permits shall not be extended more than once.
3. Permits issued for work started prior to obtaining a building permit as required under section 104 shall be valid for a period not to exceed 30 days. If an inspection(s) are performed that can verify compliance with all code requirements at the current stage of construction, therein after the permit will be automatically extended per section 104.
4. Every permit issued by the building official for residential construction shall expire by limitation and become null unless work for which the permit was issued has not commenced
within 365 days from permit issuance date.
104.4.4 Extension. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to commence under that permit where the permittee is unable to commence work within the time required by this section. The Authority Having Jurisdiction shall be permitted to extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken and accompanied by a permit extension fee as established in the City of Hemet Fee Schedule. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
104.4.5 Suspension or Revocation. The Authority Having Jurisdiction shall be permitted to, in writing, suspend or revoke a permit issued under the provisions of this code where the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinance or regulation of the jurisdiction.
104.4.6 Retention of Plans. One set of approved construction documents, and computations shall be retained by the Authority Having Jurisdiction until final approval of the work is covered therein.
One set of approved construction documents, computations, and manufacturer's installation instructions shall be returned to the applicant, and said set shall be kept on the site of the building or work at times during which the work authorized thereby is in progress. 104.4.7 Unfinished buildings and structures. Whenever the building official determines by inspection that work in or on any building or
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structure for which a permit has been issued and the work started thereon has been suspended for a period of 180 days or more, the owner of the property upon which such building o structure is located or other person or agent of control of said property, upon receipt of notice in writing from the building official to do so, shall, within 60 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the unpermitted work within 90 days from the date of written notice.
104.5 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the City of Hemet Fee Schedule.
104.5.1 Fee Not Specified. When a permit is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet Fee Schedule, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the inspection as set forth in the City of Hemet Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such inspection shall be charged at the FBHR for the staff classification performing such work.
104.5.2 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit shall be subject to a special investigation fee. This fee shall be in addition to the required permit fees. The special investigation fee shall be made before a permit may be issued for such work.
104.5.3 Special Investigation Fees. A special investigation fee shall be charged to any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. The special investigation fee shall be double the permit fee. This fee shall be in addition to the required permit fees.
The special investigation fee shall be made before a permit may be issued for such work. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
104.5.4 Fee Refunds. The building official may authorize refunding of any fee paid hereunder in the following situations.
1. Wherein a fee was erroneously paid or collected.
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2. The building official may authorize refunding of not more than 75 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done.
3. The building official may authorize refunding of not more than 75 percent of the permit fee when an application for permit is withdrawn or canceled before any inspections are performed.
The building official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment. Except for the refunding of fees paid in error, no refund of permit or plan review fees shall be made where the permit or plan review fee paid is $100.00 or less. 105.0 Inspections and Testing.
105.1 General. Mechanical systems for which a permit is required by this code shall be inspected by the Authority Having Jurisdiction.
No mechanical system or portion thereof shall be covered, concealed, or put into use until inspected and approved as prescribed in this code.
Neither the Authority Having Jurisdiction nor the jurisdiction shall be liable for expense entailed in the removal or replacement of material required to permit inspection. Mechanical systems regulated by this code shall not be connected to the energy fuel supply lines until authorized by the Authority Having Jurisdiction.
105.2 Required Inspections. New mechanical system work and such portions of existing systems as affected by new work, or changes, shall be inspected by the Authority Having Jurisdiction to ensure compliance with the requirements of this code and to ensure that the installation and construction of the mechanical system is in accordance with approved plans. The Authority Having Jurisdiction shall make the following inspections and other such inspections as necessary. The permittee or the permittee's authorized agent shall be responsible for the scheduling of such inspections as follows:
1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place.
2. Rough-in inspection shall be made prior to the installation of wall or ceiling membranes.
3. Final inspection shall be made upon completion of the installation.