Mendocino County, California, Code of Ordinances Page 1

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1 Section Declaration. Sec Planning and Building Services Director. Section Definitions. Sec Duties of Officials. Section Environmental Impact Reports. Section Prior Construction. Section Uniform California Codes Adopted. Section Modification to All California Codes Adopted: Board of Appeals Section Modifications to Uniform California Building Code. Section Modifications to California Residential Code Sec A Development of Water Containment Reservoirs. Sec Modifications to Uniform Housing Code. Sec Modifications to Uniform Fire Code. Section Modifications to California Electrical Code Findings Supporting Modifications. Sec Modification: Board of Appeals. Section Modifications to California Mechanical Code.Copies of the Code Adopted Filed. Section Modifications to California Plumbing Code. Section Modifications to California Fire Code.Violations and Penalties. Sec Relocation Assistance to Tenants Evicted Due to Unsafe or Hazardous Conditions. Sec Modifications to National Electric Code, Uniform Plumbing Code and Uniform Mechanical Code. Section Prior Local Codes. Findings Supporting Penalty Modification. Section Copies of the Code Adopted - FiledConstruction and Applicability. Section Violations and Penalties. Section Appeals. Construction and Applicability. Section Appeals. Sec Clean Slate Certification of Structures Existing on or Before April 24, Sec Time Frames. Sec Fees. Sec Appeals. Sec Recording of Notice. Mendocino County, California, Code of Ordinances Page 1

2 Sec Clean Slate Sunset Ordinance. Sec Declaration. This Title is enacted as a result of requirements of State law and the determination that within the unincorporated area of this county, certain types of construction require regulation to provide minimum standards to safeguard lives and property and protect the public health, safety and general welfare. The Board of Supervisors of the County of Mendocino has determined that the adoption of this Title will assure local control of the mandatory building inspection requirements of the State of California. (Ord. No. 466, Sec. 100, adopted 1964.) Sec Planning and Building Services Director. Repealed by Ord. No. 3828, adopted Sec Definitions. Whenever any of the following names or terms are used herein or in any of the codes adopted by reference by this TitleChapter, unless the context directs otherwise, such names or terms so used shall have the meaning ascribed thereto by this section, to-wit: (A) (B) (C) (C) (E) (F) (G) (H) "Building Official," "Chief Electrical Inspector," "Chief Mechanical Inspector," "Plumbing Official," Administrative Authority" and similar references to a chief administrative position shall mean the Chief Building InspectorOfficial of Mendocino County; provided, however, that where such terms are used in connection with those duties imposed by statute or ordinance upon the County Health Officer; said terms shall include the County Health Officer; and further provided, however, that, for the purpose of implementing "Uniform Section 116 of the California Building Code For the Abatement of Dangerous Buildings, 1991 Edition," the term "authorized representative" of the "Building Official" shall refer to and include the County Health Officer and such personnel of the Mendocino County Department of Public Health as heor the Code Enforcement Division as he/she may designate. "Board of Appeals" and any other reference to an appellate body in any of the California codes adopted by reference by this title shall mean the Board of Building and Housing Appeals provided for in Section of Title 2 of the Mendocino County Code. "Building Department," "Electrical Department," "Plumbing Department," or "Office of Administrative Authority" shall mean the Department of Planning and Building Services of the County of Mendocino. "(D) "Building Official" shall mean Chief Building Inspector Chief Electrical Inspector" shall mean Building Official Chief Mechanical Inspector shall mean Building Official "Chief Plumbing Inspector" shall mean Building Official City,"" shall mean the County of Mendocino when referring to a political entity, or an unincorporated area of said County when referring to area. (D(I) "City Clerk," means" shall mean Clerk of the Board of Supervisors. (E(J) "City Council" or "Mayor," meansshall mean the Board of Supervisors of the County of Mendocino. Mendocino County, California, Code of Ordinances Page 2

3 (F) "Board(K) "Electrical Department" shall mean the Department of Appeals," Planning and Building Services of the County of Mendocino. (L) (M) HCD, shall mean the State Department of Housing and Community Development. "Housing Advisory and Appeals Board,"" and any other reference to an appellate body in any of the uniformcalifornia codes adopted by reference by this title shall mean the Board of Building and Housing Appeals provided for in Section of Title 2 of the Mendocino County Code. (N) Manufactured Home shall mean any home factory-built in the U.S. to the HUD Title 6 construction standards (commonly known as the HUD-code ). The HUD-code took effect June 15, (O) (P) (Q) (R) (S) (T) "Mayor" shall mean the Board of Supervisors of the County of Mendocino. Mechanical Department shall mean the Department of Planning and Building Services of the County of Mendocino. Mobile Home shall mean a factory-built home that is 1) built before June 15, 1976, and 2) not built to a uniform construction code. Modular home shall mean any home factory-built to a local state code. In California, the State has adopted Title 24 California Code of regulations i.e. California Building, Electrical, Plumbing and Mechanical Code. "Office of Administrative Authority" shall mean the Department of Planning and Building Services of the County of Mendocino. "Plumbing Department," shall mean the Department of Planning and Building Services of the County of Mendocino. (Ord. No. 465, adopted 1964, as amended by Ord. No. 529, adopted 1968, Ord. No. 1652, adopted 1976; Ord. No (part), adopted 1992.) Sec Duties of Officials. (Repealed by Ord. No. 3415, adopted 1983.) Sec Environmental Impact Reports. No building permit or other permit shall be issued for any building or other project which is required by Title 20 or 21 of the Mendocino County Code to have an environmental impact report prepared and certified as complete by the County of Mendocino until such report has been prepared and so certified. (Ord. No. 1044, adopted 1973, as amended by Ord. No. 1756, adopted 1976.) Sec Prior Construction. For the purposes of this Title, any building or structure constructed prior to January 1, 1974, shall be conclusively presumed to have been lawfully constructed. (Ord. No (part), adopted 1992.) Sec Uniform California Codes Adopted. Mendocino County, California, Code of Ordinances Page 3

4 Subject to applicable sections of this title, the following primary and secondary codes are hereby adopted and incorporated into the Mendocino County Code by reference and as having the full legal effect as if their respective contents were set forth verbatim herein: (A) UNIFORM BUILDING CODE, 1991 Edition, together with Chapters 7, 10, 11, 12 Division II, 12 Division III, Chapter 23 Division III, Chapter 23 Division IV, Chapter 25, Chapters 29, 32, 35, 49, 55, 57 and 70 of the appendix, as published by the International Conference of Building Officials, subject to the changes and modifications set forth in Section and other provisions of this Title, and with Table No. 3-A (Building Permit Fees) amended to add the following: (B) (C) (D) (E) (F) (G) (H) Requested inspections and building surveys for which no fee is established: A fee in an amount to be set by resolution of the Board of Supervisors.CALIFORNIA ADMINISTRATIVE CODE, 2013 Edition, Part 1, as published by the International Code Council. UNIFORM MECHANICAL CODE, 1991 Edition, as published by the International Conference of Building Officials jointly with the International Association of Plumbing and Mechanical Officials subject to the changes and modifications set forth in Section CALIFORNIA BUILDING CODE, 2013 Edition, Part 2,Volumes I and II, together with Parts 8 (California Historical Building Code) and 10 (California Existing Building Code) and Appendices C (Agricultural Buildings) and H (Signs) as published by the International Code Conference subject to the changes and modifications set forth in Section and other provisions of this Title. UNIFORM HOUSING CODE, 1991 Edition, as published by the International Conference of Building Officials, subject to the changes and modifications set forth in Section and other provisions of this title.california RESIDENTIAL CODE, 2013 Edition, Part 2.5, as published by the International Code Council, subject to the changes and modifications set forth in Section and other provisions of this Title. UNIFORM BUILDING CODE STANDARDS, 1991 Edition, as published by the International Conference of Building Officials.CALIFORNIA ELECTRICAL CODE, 2013 Edition, Part 3, as published by BNi Publications subject to changes and modifications set forth in Section and other provisions of this Title. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 Edition, as published by the International Conference of Building Officials.CALIFORNIA MECHANICAL CODE, 2013 Edition, Part 4, as published by the International Code Council jointly with the International Association of Plumbing and Mechanical Officials subject to the changes and modifications set forth in Section and other provisions of this Title. UNIFORM FIRE CODE, 1991 Edition, as published by the International Conference of Building Officials jointly with the Western Fire Chiefs Association subject to changes and modifications set forth in Section and other provisions of this Title.CALIFORNIA PLUMBING CODE, 2013 Edition, Part 5, as published by the International Association of Plumbing and Mechanical Officials and the International Code Council, subject to the changes and modifications set forth in Section and other provisions of this Title. UNIFORM SWIMMING POOL AND HOT TUB CODE, 1991 Edition, as published by the International Association of Plumbing and Mechanical Officials.CALIFORNIA ENERGY CODE, 2013 Edition, Part 6, as published by the International Code Council. UNIFORM SIGN CODE, 1991 Edition, as published by the International Conference of Building Officials. Mendocino County, California, Code of Ordinances Page 4

5 (I) UNIFORM PLUMBING CODE, 1991 Edition, including all appendices, exclusive of Appendix I, which is administered and amended in Chapter 16.08, Private Sewage Disposal Systems, Mendocino County Code, as published by the International Association of Plumbing and Mechanical Officials, subject to the changes and modifications set forth in Section and other provisions of this TitleCALIFORNIA FIRE CODE, 2013 Edition, Part 9, as published by the International Code Council subject to changes and modifications set forth in Section and other provisions of this Title. (J) UNIFORM ELECTRICAL CODE, (Repealed by Ord. No. 3546, adopted 1985.) (KI) NATIONAL ELECTRICAL CODE, 1990 Edition, as published by the National Fire Protection Association subject to changes and modifications set forth in Section and other provisions of this Title.CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 Edition, Part 11, as published by International Code Council. (LJ) CALIFORNIA ADMINISTRATIVE CODE TITLE 24, California Building Standards code, as published by the Office of Administrative Hearings.CALIFORNIA REFERENCED STANDARDS CODE, 2013 Edition, Part 12, as published by the International Code Council. (M) CALIFORNIA ADMINISTRATIVE CODE TITLE 25, Housing and Community Development, Chapter 2 and Chapter 3 as published by the Office of Administrative Hearings. (Ord. No , adopted 1964; Ord. No. 529, adopted 1968; Ord. No. 559, adopted 1969; Ord. No. 1044, adopted 1973; Ord No. 1055, adopted 1973; Ord. No. 1652, adopted 1976; Ord. No. 3295, adopted 1980; Ord. No. 3310, adopted 1980; Ord. No. 3546, adopted 1985; Ord. No. 3556, adopted 1985; Ord. No. 3654, adopted 1987; Ord. No. 3658, adopted 1987; Ord. No (part), adopted 1992.) Sec Modification to All California Codes Adopted: Board of Appeals. Each of the California codes adopted by reference by this Title is amended to provide that the appellate body referred to therein, whether it be the "Board of Appeals" in Section 113 of the California Building Code, 2013 Edition or any other similar provision in the remaining California codes, shall be the Board of Building and Housing Appeals as constituted and empowered by Section of the Mendocino County Code. In the event of any inconsistency, Section of the Mendocino County Code shall prevail. Sec Modifications to Uniform California Building Code. THE UNIFORM BUILDING CODEThe California Building Code, Edition, as adopted in Section (AB) of this TitleChapter, is adopted with the following changes and modifications: Section shall be amended to read as follows: Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 daysone (1) year after the date of filing, unless such application has been pursued in good faith or a permit has been issuedas determined by the Building Official.; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The applicant must request an extension shall be requested in writing, and demonstrate justifiable cause demonstrated. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the Board of Supervisors. Mendocino County, California, Code of Ordinances Page 5

6 Section shall be amended to read as follows: Expiration. Every permit issued shall become invalid unless if the work on the site authorized by such permit is not commenced within 180 days one (1) year after its issuance of said permit and an inspection approval has not been obtained, or if after the first inspection approval the work does not received inspection approvals every 180 days., 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 is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. For permits which have not expired, the Building Official is authorized to grant one or more extensions of time for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official. Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a re-instatement fee established by the Board of Supervisors. Section shall be amended to read as follows: Refunds. The building official is authorized to establish a refund policy. 1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit. 3. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. 4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment. Appendix C: Agricultural Buildings: Section C102.1 shall be amended to read as follows: General. Buildings classified as Group U Agricultural shall not exceed the area or height limits specified in Table C102.1 or the height limits in Title 20 of the Mendocino County Code. Appendix H: Signs: Section H101.2 shall be amended to read as follows: Signs exempt from permits. The following signs are exempt from the requirements to obtain a permit before erection: 1. Painted nonilluminated signsnonilluminated signs painted on exterior surface of existing permitted or legal nonconforming buildings or structures. Mendocino County, California, Code of Ordinances Page 6

7 2. Temporary signs announcing the sale or rent of property. 3. Signs erected by transportation authorities. 4. Projecting signs not exceeding 2.5 square feet (0.23 m 2 ). 5. The changing of moveable parts of an approved sign that is designed for such changes, or the repainting or repositioning of display matter shall not be deemed an alteration. 6. Temporary signs on grade that are no higher than 7 feet in height above grade and no more than 32 square feet in size. Exemption from the permit requirements of this Section shall not be deemed to grant authorization for any work done in any manner in violation of the provisions of Title 20 of the Mendocino County Code, or any other laws or ordinances of this jurisdiction. Appendix H: Signs: Section H105.3 shall be amended to read as follows: Wind load. Signs shall be designed and constructed to withstand wind pressure as provided for in Chapter 16. Exception: The Building Official may waive the engineering design requirements for signs if he/she finds that the signs will not create a hazard to private or public property due to the type, size, location or placement of the sign. Appendix H: Signs: Section H105.4 shall be amended to read as follows: Seismic load. Signs designed to withstand wind pressures shall be considered capable of withstanding earthquake loads, except as provided for in Chapter 16. Exception: The Building Official may waive the engineering design requirements for signs if he/she finds that the signs will not create a hazard to private or public property due to the type, size, location or placement of the sign. Sec. 301(b) shall be amended to read as follows: (b) Work Exempt from Permit. A building permit shall not be required for the following: 1. One-story detached accessory buildings used tool and storage sheds, play-houses and similar uses, provided the projected roof area does not exceed 120 square feet. 2. Fences not over 6 feet high. Comment [d1]: Section R105.2 and of the California Model Codes contain a list of work that is exempt from building permits, making this list unnecessary. Additionally, the County is unable to be less restrictive than code requirements in types of work that is exempted from permits. 3. Oil derricks. 4. Movable cases, counters and partitions not over 5 feet 9 inches high. 5. Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 10,000 gallons and the ratio of height to diameter or width does not exceed 2 to Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. Mendocino County, California, Code of Ordinances Page 7

8 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projecting not more than 54 inches. 11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons. 12. Signs no larger than six feet by eight feet, not more than six feet in height. 13. Detached shade structures not more than 15 feet in height with no rigid roof covering. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to by done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Sec. 303(d) shall be amended to read as follows: Sec. 303(d) Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months from the date of issuance of such permit, or if the building, or work authorized by such permit receives no written compliance notice or inspection approval within a six month period. Before such work can be recommenced, a new permit shall first be 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 expired longer than one year, the Permittee shall pay a new full permit fee. Any Permittee holding an unexpired permit may apply for an extension of time within which he may commence or continue work under that permit, when he is unable to commence or continue 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 six months 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 twice. In order to renew action on a permit after expiration, the Permittee shall pay a full new permit fee. Sec. 304(e) shall be amended to add the following: (3) Where work has been performed or authorized by someone other than the present property owner and the present property owner acquired an interest in the property prior to January 1, 1987, then the investigative fee is hereby waived. Sec. 304(f) shall be amended to read as follows: (1) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. Mendocino County, California, Code of Ordinances Page 8

9 (2) The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original Permittee not later than one year after the date of issuance of the permit. (3) The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original Permittee no later than one year after the date of fee payment. Sec. 306(g) is amended to add the following: Sec. 306(g) Approved Fabricators. Special inspections required by this section and elsewhere in this Code shall not be required where the work is done on the premises of a fabricator registered and approved by the Building Official to perform such work without special inspection. The Certificate of Registration shall be subject to revocation by the Building Official if it is found that any work done pursuant to the approval is in violation of this Code. The approved fabricator shall submit a Certificate of Compliance that the work was performed in accordance with the approved plans and specifications to the building official and to the engineer or architect of record. The approved fabricator's qualifications shall be contingent on compliance with the following: Comment [d2]: Comparable language is found within Chapter 17 of the California Building Code. (1) The fabricator has developed and submitted a detailed fabrication procedural manual reflecting key quality control procedures which will provide a basis for inspection control of workmanship and the fabricator plant. (2) Verification of the fabricator's quality control capabilities, plant and personnel as outlined in the fabrication procedural manual shall be by an approved inspection or quality control agency. (3) Periodic plant inspections shall be conducted by an approved inspection or quality control agency to monitor the effectiveness of the quality control program. (4) It shall be the responsibility of the inspection or quality control agency to notify the approving authority in writing of any change to the procedural manual. Any fabricator approval may be revoked for just cause. Reapproval of the fabricator shall be contingent on compliance with quality control procedures during the past year. EXCEPTION: The Building Official may accept fabricators approved by other authorized agencies. Sec. 308 shall be amended to add the following: Sec. 308.(a) Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a Certificate of Occupancy therefor as provided herein. EXCEPTION: Group R, Division 3, and M Occupancies. 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 of other ordinances of the jurisdiction shall not be valid. No building or structure of the Group R, Division 3 Occupancy (dwellings) shall be used or occupied prior to obtaining the final inspection approval, except as exempted by Section (D). (b) Change in Use. Changes in the character or use of a building shall not be made except as specified in Section 502 of this Code. Comment [d3]: Comparable language now found in Section R110 of the California Residential Code. Mendocino County, California, Code of Ordinances Page 9

10 (c) Certificate Issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this Code or other laws which are enforced by the code enforcement agency, the Building Official shall issue a Certificate of Occupancy which shall contain the following: 1. The building permit number. 2. The address of the building. 3. The name and address of the owner. Sec. 1205(f) shall be amended to read as follows: (b) Sanitation. A room in which a water closet is, in fact, located, whether or not required, shall be separated from food preparation or storage rooms by a tight-fitting door. Except for a dwelling unit particularly approved by the Mendocino County Department of Public Health for an alternative sewage disposal system or gray water disposal system for the plumbing fixtures involved, every dwelling unit shall be provided with a kitchen equipped with a kitchen sink and with bathroom facilities, consisting of a water closet, lavatory, and either a bathtub or a shower, such plumbing fixtures to be provided with hot and cold running water necessary for their operation. Sec is amended to read as follows: Sec An efficiency dwelling unit shall conform to the requirements of the Code except as herein provided: 1. The unit shall have a living room of not less than 150 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two. 2. The unit shall be provided with a separate closet. 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be provided. 4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. (Ord. No. 1652, adopted 1976; Ord. No. 3444, adopted 1983; Ord. No. 3546, adopted 1985; Ord. No (part), adopted 1992.) Comment [d4]: It appears this Section was intended to reference (d). Comparable language now found in Section of the California Building Code. Comment [d5]: Comparable language now found in Section R304.5 of the California Residential Code Modifications to California Residential Code The California Residential Code, 2013 Edition as adopted in Section (C) of this Chapter, is adopted with the following changes and modifications. Section R shall be amended to read as follows: Time limitation of application. An applicationa permit application for a permit for any proposed work shall be deemed to have been abandoned 180 daysone (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. 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 applicant must request an extension shall be requested in writing and demonstrate justifiable cause demonstrated. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the Board of Supervisors. Section R105.5 shall be amended to read as follows: Mendocino County, California, Code of Ordinances Page 10

11 Expiration. Every permit issued shall become invalid unless if the work on the site authorized by such permit is not commenced within 180 days one (1) year after its issuance of said permit and an inspection approval has not been obtained or if after the first inspection approval the work does not receive inspection approvals every 180 days, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official. Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a re-instatement fee established by the Board of Supervisors. Section R108.5 shall be amended to read as follows: Refunds. The building official is authorized to establish a refund policy. 1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit. 3. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. 4. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment. Sec A Development of Water Containment Reservoirs. Repealed by Ord. No. 3998, adopted Sec Modifications to Uniform Housing Code. THE UNIFORM HOUSING CODE, 1991 Edition, as adopted in Section (C) of this Title, is adopted with the following changes and modifications: (1) Sec. 503(b) shall be amended to read as follows: Sec. 503(b) Floor area. Dwelling units and congregate residence shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping Mendocino County, California, Code of Ordinances Page 11

12 purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. EXCEPTION: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements: 1. The unit shall have a living room of not less than 150 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two. 2. The unit shall be provided with a separate closet. 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be provided. 4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. (2) Sec. 505(a) shall be amended to read as follows: Sec. 505(a) Dwelling Units. Every dwelling unit shall be provided with a water closet, a lavatory, and a bathtub or shower unless the Mendocino County Department of Public Health has approved, for the particular dwelling unit in question, and for the type of fixture involved, an alternative sewage disposal system or gray water disposal system. (3) Sec. 505(c) shall be amended to read as follows: Sec. 505(c) Kitchen. Except where the Mendocino County Department of Public Health has approved, for the particular dwelling unit in question, an alternative system of gray water disposal, the following regulations on kitchens shall apply: Each dwelling unit shall be provided with a kitchen; every kitchen shall be provided with a kitchen sink; no wooden sink or sink of similarly absorbent material shall be permitted. (4) Sec. 505(d) shall be amended to read as follows: Sec. 505(d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an alternative private sewage disposal system or gray water disposal system approved by the Mendocino County Department of Public Health for the particular dwelling unit in question and for the type of fixture involved. Except for dwellings and fixtures so approved for an alternative system, all plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water, except that water closets shall be provided with cold water only. All plumbing fixtures shall be of an approved glazed earthenware type or of a similar nonabsorbent material. (5) Sec. 701(a) shall be amended to read as follows: Sec. 701(a) Heating. All heating facilities in a dwelling unit shall be installed and maintained in a safe condition and in accordance with the Uniform Building Code, Mechanical Code, and all other applicable laws. No unvented fuel-burning heater shall be permitted. All heating devices or appliances shall be of an Mendocino County, California, Code of Ordinances Page 12

13 approved type. No provision of any law or uniform code inconsistent with this subsection (a) shall apply or be of force or effect. (6) Sec. 701(b) shall be amended to read as follows: Sec. 701(b) Electrical Equipment. Whatever electrical equipment, wiring, or appliances are installed shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. (i) No building or dwelling unit classed by the Uniform Building Code as a Group R Division 3 (dwellings and lodging houses or Group M private carports, sheds and agricultural buildings) occupancy shall be required to be connected to electrical power or to be wired to electrical power. No provision of any law or uniform code inconsistent with the aforesaid sentence shall apply or be in force or effect. (ii) Any building or dwelling unit not classed by the Uniform Building code as Group R Division 3 or Group M Occupancy shall comply with all applicable codes and regulations, including the National Electrical Code, together with the following regulations: Where there is electrical power available within three hundred (300) feet of the premises of such building, it shall be connected to such electrical power. Every habitable room shall contain at least two supplied electrical convenience outlets or one such convenience outlet and one supplied electric light fixture. Every water closet compartment, bathroom, laundry space room, furnace space room, and public hallway shall contain at least one supplied electric light fixture. (Ord. No. 1652, adopted 1976; Ord. No. 3546, adopted 1985; Ord. No (part), adopted 1992.) Sec Modifications to Uniform Fire Code. Comment [d6]: Section moved to (A) The Uniform Fire Code, 1991 Edition, as adopted in Section (F) of this Title, is adopted with the following changes and modifications: (1) Section definition of CHIEF shall be amended to read as follows: CHIEF OR CHIEF OF THE FIRE DEPARTMENT is the chief officer of the fire department serving the jurisdiction, or his authorized representative. Areas not located in the jurisdiction of a fire district shall be under the authority of the Chief Building Inspector. (2) Section (c) is deleted. (Ord. No (part), adopted 1992.) Sec Findings Supporting Modifications. Pursuant to Sections and of the California Health and Safety Code, the Board of Supervisors makes the express finding that each of the modifications and changes set forth herein is needed and is reasonably necessary because of local climatic, geological and topographical conditions. Said local conditions include but are not limited to the following: Comment [d7]: Findings moved to accompanying Resolution. (Ord. No. 1652, adopted 1976, as amended by Ord. No. 3546, adopted 1985.) (A) Mendocino County is a rural Coastal County located between approximately 39 degrees and 40 degrees latitude. It has a moderate climate. It is not usually subject to severe snowstorms, windstorms or blizzards. Its mountainous terrain and lack of developed roads creates some degree of isolation for many parts of the county and some difficulty in the transportation of building materials and in obtaining skilled and expert assistance for the construction or rehabilitation of rural dwellings. Mendocino County, California, Code of Ordinances Page 13

14 (Ord. No. 3546, adopted 1985.) (B) Mendocino County has a severe housing shortage. Therefore it must utilize all existing housing which meets basic health and safety standards. Low cost housing is especially hard to find. (Ord. No. 3546, adopted 1985.) (C) State law mandates the County of Mendocino to adopt a General Plan which makes adequate provision for housing its citizens. These modifications are an attempt by the County to achieve an acceptable housing inventory for its General Plan. State law further requires the County of Mendocino to provide shelter for those residents qualifying for general relief. (Ord. No. 346, adopted 1985.) (D) The Uniform Building Codes are complex and may be beyond the understanding of many ownerbuilders. Yet they allow the Building Department a great degree of flexibility in applying them giving rise to charges of lack of uniform application and that in fact virtually all structures in the County are in some degree in violation of the law. The geographical and topographical conditions of the County create such isolation that it is difficult to conduct the necessary inspections to verify or refute this charge. Because the Uniform Building Codes are of such complexity that they are difficult to enforce under the geographical, topographical and climatic condition of the County, common sense dictates that these codes be replaced by a performance standard of evaluation. (Ord. No. 3546, adopted 1985.) (E) The natural conditions of Mendocino County have historically drawn people to its area. Throughout recorded history a substantial number of the population have provided for themselves by constructing their own habitations. The extreme rural nature of the County (20 persons per square mile and only 11 stop lights and 3,500 square miles) has encouraged wide distribution of its citizens. (Ord. No. 3546, adopted 1985.) Sec Modifications to California Electrical Code The California Electrical Code, 2013 Edition, as adopted in Section (D) of this Chapter, is adopted with the following changes and modifications. Annex H, Section 80.19(A) shall be amended to include the following as a new paragraph (3): (3) Time limitation of application. A permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the Board of Supervisors. Annex H, Section 80.19(G)(7) shall be amended to read as follows: (7) Expiration. Every permit issued shall become invalid if work on the site authorized by such permit is not commenced within one (1) year after issuance of said permit and an inspection approval has not been obtained or if after the first inspection approval the work does not receive inspection approvals every 180 days. Mendocino County, California, Code of Ordinances Page 14

15 For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official. Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a re-instatement fee established by the Board of Supervisors. Annex H, Section 80.19(E) shall be amended to read as follows: (E) Fees and Fee Refunds. 1. Any political subdivision that has been provided for electrical inspection in accordance with the provisions of Article 80 may establish fees that shall be paid by the applicant for a permit before the permit is issued. 2. (2) The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 3. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work had been done under a permit issued in accordance with this code provided that the request for refund is made by written application by the original permittee not later than one year after the date of issuance of the permit. 4. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. 5. The Building Official shall not authorize the refunding of the plan review fee paid except upon written application filed by the original permittee no later than one year after the date of fee payment. Sec Modification: Board of Appeals. Each of the uniform codes adopted by reference by this Title is amended to provide that the appellate body referred to therein, whether it be the "Board of Appeals" in Section 204 of the Uniform Building Code, 1991 Edition, or the Housing Advisory and Appeals Board in Section 203 of the Uniform Housing Code, 1991 Edition, or any other similar provision in the remaining uniform codes, shall be the Board of Building and Housing Appeals, as constituted and empowered by Section of the Mendocino County Code. In the event of any inconsistency, Section of the Mendocino County Code shall prevail. (Ord. No. 1652, adopted 1976; Ord. No. 3546, adopted 1985; Ord. No (part), adopted 1992.) Sec Modifications to California Mechanical Code. The California Mechanical Code, 2013 Edition, as adopted in Section (E) of this Chapter, is adopted with the following changes and modifications. Mendocino County, California, Code of Ordinances Page 15

16 Section shall be amended to read as follows: Expiration. A permit issued under the provisions of this code shall expire by limitation and become null and void where the work authorized by such permit is not commenced within 180 days from the date of such permit, or where the work authorized by such permit is suspended or abandoned at a time after the work is commenced for a period of 180 days. Before such work is recommenced, a new permit shall first be obtained, 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 1 year. No permit shall be extended more than once. To renew action on a permit after expiration, the permittee shall pay a new full permit fee. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to be commenced under that permit where the permittee is unable to commence work within the time required by this section. The Authority Having Jurisdiction shall have the authority 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 said permittee have prevented action from being taken.every permit issued shall become invalid if work on the site authorized by such permit is not commenced within one (1) year after issuance of said permit and an inspection approval has not been obtained or if after the first inspection approval the work does not receive inspection approvals every 180 days. For permits which have not expired, the Building Official is authorized to grant one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing, and will only be granted upon demonstration of justifiable cause, as determined by the Building Official. Permits may be renewed if they have been expired for less than five (5) years, and/or have a vested interest, as determined by the Building Official. In order to renew action on an expired permit, the permit holder shall pay a re-instatement fee established by the Board of Supervisors. Section shall be amended to read as follows: Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review shall be permitted to 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 exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. 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.a permit application for any proposed work shall be deemed to have been abandoned one (1) year after the date of filing, unless such application has been pursued in good faith as determined by the Building Official. The applicant must request an extension in writing, and demonstrate justifiable cause. The Building Official may grant one or more extensions in time, for periods of not more than 180 days each. Each extension requires payment of a fee established by the Board of Supervisors. Section shall be amended to read as follows: Fee Refunds. The Authority Having Jurisdiction shall be permitted to authorize the refunding of a fee paid hereunder that has been erroneously paid or collected. Mendocino County, California, Code of Ordinances Page 16