15.04.010   Purpose.

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling building, plumbing, heating and electrical installations of all buildings and structures within the City. (Ord. 876 §2, 2008; Ord. 398 §1, 1972.)

15.04.020   Incorporation of reference material.

1. This chapter refers to and incorporates into the Fort Bragg Municipal Code, in their entirety herein, the following primary and secondary code documents and materials:
   1. California Building Standards Code, 2007 Edition, Title 24 of the California Code of Regulations, including Part 2 (California Building Code), Part 7 (Elevator Safety Construction Code), Part 8 (California Historical Building Code), and Part 10 (California  Building Conservation Code), together with Chapters 1, C, G, H, I and J of the Appendix as published by the International Code Council, subject to changes or modifications as set forth in this Chapter.
   2. California Reference Standards Code, Title 24, Part 12, 2007 Edition, as published by the International Code Council, subject to changes or modifications as set forth in this Chapter.
   3. California Plumbing Code, 2007 Edition, together with Chapters 1, A, B, D, I, and L of the Appendix as published by the International Association of Plumbing and Mechanical Officials, subject to changes or modifications as set forth in this Chapter.
   4. California Mechanical Code, 2007 Edition, together with Chapters 1, A, B, C, and D of the Appendix as published by the International Association of Plumbing and Mechanical Officials, subject to changes or modifications as set forth in this Chapter.
   5. Uniform Housing Code, 1997 Edition.
   6. Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition.
   7. California Electrical Code, 2007 Edition, together with Chapters A, B, C, D and G of the Annex as published by the National Fire Protection Association, subject to changes or modifications set forth in this Chapter.
   8. California Building Standards Administrative Code, Title 24, 2007 Edition, as published by the International Code Council.
   9. California Energy Code, California Code of Regulations, Title 24, Part 5, 2007 Edition.
   10. California Administrative Code Title 25, Housing and Community Development, Chapter 2 and Chapter 3 as published by the Office of Administrative Hearings.
   11. California Referenced Standards Code - Title 24 Part 12 2007 Edition, as published by the International Code Council.
2. Said reference materials shall be incorporated herein as same are modified and amended from time to time, including the latest adopted forms of said materials.  A copy of each of said reference material in its latest form is on file in the Mendocino County Building Department office, 790 S. Franklin Street, Fort Bragg, CA 95437.

(Ord. 876 §2, 2008; Ord. 673 §2, 1987; Ord. 609, 1983; Ord. 597 §1 (part), 1983; Ord. 536 §2, 1980.)

15.04.030   Definitions.

Whenever any of the following names or terms are used in any of the compilations adopted by reference by this chapter such names or terms shall have the following meanings:

1. "Building official" refers to the Community Development Director of the City or his/her designee;
2. "Enforcement agency" shall refer to the building inspection department of the City.

(Ord. 876 §2, 2008; Ord. 864 §14, 2007; Ord. 673 §3, 1987; Ord. 398 §7, 1972.)

15.04.040   Modifications to the California Building Code.

1. The California Building Code, 2007 Edition, as adopted in Section 15.04.020 of this Title, is adopted with the following changes and modifications:
   1. Appendix Chapter 1 Section 103 is deleted
   2. Appendix Chapter 1 Section 105.2 shall be amended to read as follows:

      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, including but not limited to development standards for minimum setbacks and lot coverage requirements. Permits shall not be required for the following:

      Building:

      1. One-story detached accessory buildings used for tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet.
      2. Fences not over 6 feet high.

      3. Retaining walls that 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.

      4. Water tanks supported directly on grade if the capacity does not exceed 10,000 gallons and the ratio of height to diameter or width does not exceed 2:1.

      5. Sidewalks, decks, and driveways not more than 30 inches above adjacent grade and not over any basement or story below and are not part of an accessible route.
      6. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
      7. Temporary motion picture, television and theater stage sets and scenery.
      8. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy that are less than 24 inches deep, do not exceed 5000 gallons and are installed entirely above ground. 
      9. Swings and other playground equipment accessory to detached one- and two-family dwellings.
      10. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3 and U occupancies.
      11. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
      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 or framing.

      Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

   3. Appendix Chapter 1 Section 105.3.2 shall be amended to read as follows:

      Section 105.3.2 Time limitation of application.

            An application for a permit for proposed work shall be deemed to be abandoned one year after the date of filing, unless a permit is issued. No extensions are allowed.

      Exceptions:

      1. If the Building Official has determined that the department has not followed policy. 
      2. If the applicant can provide just cause satisfactory to the Building Official.
      3. If determined by the Building Official that the building, electrical, plumbing, mechanical, fire or energy codes have not changed so as to affect the construction requirements for the proposed work.
   4. Appendix Chapter 1 Section 105.5 shall be amended to read as follows:

         Section 105.5 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 reinstatement shall first be obtained to do so, and payment of the fee pursuant to the fee resolution adopted by the City Council and as amended from time to time, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further such permit has not been reinstated twice before and that such suspension or abandonment has not exceeded one year. In order to renew action on a permit expired longer than one year or reinstated twice before, a new full permit fee shall be paid.

   Any Permittee holding an unexpired permit may apply for an extension of time of 180 days from the date the permit will expire and pay a extension fee pursuant to the fee resolution adopted by the City Council and as amended from time to time within which he/she may commence or continue work under that permit, when he/she is unable to commence or continue within the time required by this section. 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. No permit shall be extended more than twice. In order to renew action on a permit after expiration, the Permittee shall pay a fee pursuant to the fee resolution adopted by the City Council as amended from time to time.

   5. Appendix Chapter 1 Section 108.4 shall be amended to add the following:

         Section 108.4.1 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.

   6. Appendix Chapter 1 Section 108.6 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.
      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 or (up to two years if said permit had been extended as per section 105.5) 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.

   7. Section 306(g) has been deleted.
   8. Appendix Chapter 1 Section 110.1 shall be amended to add the following:

   Section 110.1 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 therefore as provided herein or has provided written authorization to use or occupy. 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.

   Exception: Group R-3 or U occupancies

   No building or structure of the Group R, Division 3 Occupancy (dwellings) or U shall be used or occupied prior to obtaining the final inspection approval, except as exempted by Section 15.04.110

   9. Section 110.2 shall be amended to read as follows:

      Section 110.2 Certificate Issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this Code or other laws 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.
      4. The occupancy type.
      5. The type of construction.
   10. Section 1205(f) has been deleted.
   11. Section 202 Definitions: A new definition is added to read as follows:
       1. "SUBSTANDARD BUILDING (RESIDENTIAL)": General. Any building or portion thereof that is determined to be an unsafe building in accordance with Appendix 1 Section 115 of the California Building Code, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard buildings.
       2. Inadequate Sanitation: Buildings or portions thereof shall be deemed substandard when they contain inadequate sanitation. Inadequate sanitation shall include, but not be limited to, the following:
          1. Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house.
          2. Lack of or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
          3. Lack of or improper kitchen sink in a dwelling unit.
          4. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.
          5. Lack of adequate heating facilities.
          6. Lack of or improper operation of required ventilating equipment.
          7. Lack of minimum amounts of natural light and ventilation required by this code.
          8. Room and space dimensions less than required by this code.
          9. Lack of required electrical lighting.
          10. Dampness of habitable rooms.
          11. Infestation of insects, vermin or rodents as determined by the health officer.
          12. General dilapidation or improper maintenance.
          13. Lack of connection to required sewage disposal system.
          14. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer.
       3. Structural Hazards: Buildings or portions thereof shall be deemed substandard if they contain structural hazards. Structural hazards shall include, but not be limited to, the following:
          1. Deteriorated or inadequate foundations.
          2. Defective or deteriorated flooring or floor supports.
          3. Flooring or floor supports of insufficient size to carry imposed loads with safety.
          4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
          5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
          6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split or buckle due to defective material or deterioration.
          7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
          8. Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration.
          9. Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety.
       4. Nuisance: Buildings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings.
       5. Hazardous Electrical Wiring: Electrical wiring that was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner shall be considered substandard.
       6. Hazardous Plumbing: Plumbing that was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not free of cross-connections or siphonage between fixtures shall be considered substandard.
       7. Hazardous Mechanical Equipment: Mechanical equipment that was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good and safe condition shall be considered substandard.
       8. Faulty Weather Protection: Buildings or portions thereof shall be considered substandard when they have faulty weather protection, which shall include, but not limited to, the following:
          1. Deteriorated, crumbling or loose plaster.
          2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
          3. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
          4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.
       9. Fire Hazard: Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered substandard.
       10. Faulty Materials of Construction: The use of materials of construction, except those that are specifically allowed or approved by the California Building Code, and that have been adequately maintained in good and safe condition, shall cause a building to be substandard.
       11. Hazardous or Unsanitary Premises: The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions on a premises constitutes fire, health or safety hazards that shall be abated.
       12. Inadequate Exits: Except for those buildings or portions thereof that have been provided with adequate exit facilities conforming to the provisions of the California Building Code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard.

       Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exits, or when other conditions exist that are dangerous to human life.

       13. Inadequate Fire-protection or Firefighting Equipment: Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the Building Code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
       14. Improper Occupancy: All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes that were not designed or intended to be used for such occupancies shall be considered substandard.
   12. California Building Code section 202 Definitions: A new definition is added: "DANGEROUS BUILDING (RESIDENTIAL, COMMERCIAL OR INDUSTRIAL) For the purpose of the California Building Code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.
       1. Whenever any door, aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
       2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
       3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the California Building Code for new buildings of similar structure, purpose or location.
       4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structure strength or stability thereof is materially less that it was before such catastrophe and is less than the minimum requirements of the California Building Code for new buildings of similar structure, purpose or location.
       5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
       6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the California Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the California Building Code for such buildings.
       7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes that is required in the case of similar new construction.
       8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.
       9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
       10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.
       11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
       12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
       13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the California Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
       14. Whenever any building or structure which whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength; (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
       15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
       16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.
       17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
       18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
   13. Section 1208.4 is amended to read as follows:
   14. Section 1208.4 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.
   15. Section 1802.1 shall be amended to read as follows
   16. Section 1802.1 General. Foundations and soils investigations shall be conducted in conformance with Sections 1802.2 through 1802.8. Where required by the Building Official, the classification and investigation of the soil shall be made by a registered design professional.

   Exception 1:  R and U occupancies, unless the Building Official determines that the areas of the foundation is likely to have expansive, compressible, shifting, liquefaction possibilities, high moisture content, slides, slumps, soils creep, high erosion, previous fill placement or any other unknown soil characteristics.

   Exception 2: Commercial building, industrial building or critical facility addition less than 250 square feet unless it is determined by the Building Official that the foundation will be in an area likely to have expansive, compressible, shifting, liquefaction possibilities, high moisture content, slides, slumps, soils creep, high erosion, previous fill placement or any other unknown soil characteristics.

   17. Appendix H:  Signs

   Section H105.1 shall be amended to add the following:

   Exception:  The Building Official may waive the requirements for engineering design requirements for signs if he/she finds that the signs will not be a hazard to the general public or private and public property due to the type, size, location or placement of the sign.

   18. Appendix J shall be amended to add the following.

       J103.2 Exemptions. A grading permit shall not be required for the following:

       1. When determined by the Building Official, grading in an isolated, self- contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.
       2. Cemetery graves.
       3. Excavations for wells, or trenches for utilities.
       4. Exploratory excavations performed under the direction of a registered design professional.

       Exemption from the permit requirements of this appendix 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.

(Ord. 876 §2, 2008.)

15.04.045   Modifications to California Electric Code, California Plumbing Code and California Mechanical Code 2007 Editions.

1. The California Electric Code, 2007 Edition, as adopted in Section 18.04.040 of this Title, is adopted with the following change and modification:
   1. Annex Chapter G Section 89.19 (H)1 shall be amended to read as follows:

   Section 89.19(H) 1. 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 reinstatement shall first be obtained to do so, and the fee therefore shall be set by resolution of the City Council as amended from time to time 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 such permit has not been reinstated twice before and that such suspension or abandonment has not exceeded one year. In order to renew action on a permit which has been expired longer than one year or which has been reinstated twice before, a new full permit fee shall be paid.

         Any Permittee holding an unexpired permit may apply for an extension of time within which he/she may commence or continue work under that permit when he/she is unable to commence or continue within the time required by this section. 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. No permit shall be extended more than twice. In order to renew action of a permit after expiration, the Permittee shall pay a reinstatement fee.

2. The 2007 Edition of the California Plumbing Code as adopted in Section 15.04.020 of this title is adopted with the following modification:
   1. Appendix Chapter 1 Section 103.3.4 shall be amended to read:

   Section 103.3.4  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 work authorized by such permit is not commenced within 12 months from the date of such permit, or if the 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 reinstatement shall first be obtained to do so, and the fee therefore shall be set by resolution of the City Council as may be amended from time to time 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 permit has not been reinstated twice before and that such suspension or abandonment has not exceeded one year. In order to renew action on a permit expired longer than one year or has been reinstated twice before, a new full permit fee shall be paid.

   Any Permittee holding an unexpired permit may apply for an extension of the time within which he/she may commence work under that permit when he/she is unable to commence work within the time required by this section. 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. No permit shall be extended more than twice. In order to renew action on a permit after expiration, the Permittee shall pay a reinstatement  fee in an amount set by resolution of the City Council as may be amended from time to time.

   2. Section 906(f) has been deleted.
   3. Section 601.1.2 has been added to read as follows:

   Section 601.1.2 One exterior hose bib supplied by potable water shall be installed on each structure containing a Group R, Division 1, 2 or Division 3 Occupancy

3. The 2007 Edition of the California Mechanical Code as adopted in 15.04.020 of this Title is adopted with the following modification:
   1. Appendix Chapter 1 Section 114.4 shall be amended to read as follows:

   Sec. 114.4 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 reinstatement shall first be obtained to do so, and the fee therefore shall be set by resolution of the City Council as may be amended from time to time 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 permit has not been reinstated twice before and suspension or abandonment has not exceeded one year. In order to renew action on a permit which has been expired longer than one year or whichhas been reinstated twice before, a new full permit fee shall be paid in an amount set by resolution by the City Council as may be amended from time to time.

   Any Permittee holding an unexpired permit may apply for an extension of time within which he/she may commence or continue work under that permit, when he/she is unable to commence or continue within the time required by this section. 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. No permit shall be extended more than twice. In order to renew action on a permit after expiration, the Permittee shall pay a reinstatement fee in an amount set by resolution by the City Council as may be amended from time to time.

(Ord. 876 §2, 2008.)

15.04.050   Findings Supporting Modifications.

Pursuant to Sections 17958.5 and 17958.7 of the California Health and Safety Code, the City Council 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:

1. Fort Bragg is a rural coastal City 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 location creates some degree of isolation and some difficulty in the transportation of building materials and in obtaining skilled and expert assistance for the construction or rehabilitation of rural dwellings.
2. Fort Bragg has a housing shortage. Therefore it must utilize all existing housing which meets basic health and safety standards. Low cost housing is especially hard to find.
3. State law mandates that the City of Fort Bragg adopt a General Plan which makes adequate provision for housing its citizens. These modifications are an attempt by the City to achieve an acceptable housing inventory for its General Plan.

(Ord. 876 §2, 2008.)

15.04.060   Curbs and sidewalks.

Curbs and sidewalks shall be required and constructed along the frontage of any public street, upon any lot, parcel or piece of ground upon which any new construction in excess of two hundred fifty square feet of floor space is being built; or upon which any alteration or improvements are being made the cost of which exceed fifty percent of the value of the existing structure prior to the construction of said alterations or improvements.

The construction of the sidewalk and curb shall be in conformance with the California Building Code referred to in Section 15.04.020 and in conformance with the standards set forth in Chapter 12.04. (Ord. 876 §2, 2008; Ord. 414 (part), 1972; Ord. 398 §3(C), 1972.)

15.04.070   Construction and Applicability.

The regulations and provisions contained in the body of this Title shall prevail over any inconsistent provision contained in any primary or secondary code adopted hereby; provided, however, that in the case of inconsistent regulations, no regulation shall prevail which is less stringent than the regulations established by the State of California. (Ord. 876 §2, 2008.)

15.04.080   Construction Permits and Inspection Fees.

Except as otherwise exempted by the California Building Code and/or other City ordinances, no person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, occupy, remove, convert, or demolish any building or structure in the area of the City or cause the same to be done without first obtaining a separate building permit for each such building or structure as required by this Title. Permits shall be issued and fees collected by the Building Official or his/her designee. The schedule of fees collected are set by resolution by the City Council as may be amended from time to time.(Ord. 876 §2, 2008.)

15.04.090   Fire zone defined.

For the purpose of this chapter the entire city is Fire Zone Three. (Ord. 876 §2, 2008; 398 §6, 1972.)

15.04.100   Fees for permits and inspection.

Except as otherwise exempted by the California Building Code or City ordinance, no person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, occupy, remove, convert or demolish any building or structure, or install, alter or repair any plumbing, heating or electrical items, without first obtaining a permit or combination of any such permits for each such building or structure. Any person filing applications for permits shall at the time of filing an application therefore, pay to the Building Department the fee set forth by the City as the fee schedule is amended and adopted from time to time. A copy of the latest fee schedule in effect is on file with the City Clerk. (Ord. 876 §2, 2008; Ord. 398 §8, 1972.)

15.04.110   Penal provisions.⁴

1. The Building Official of the City or the acting building inspector or assistant building inspector as designated by the City Manager shall have the authority to issue citations for violations of the following chapters of this code:
   • Chapter 15.04 (Construction Codes);
   • Chapter 15.08 (Building Permits);
   • Chapter 15.12 (House Numbering);
   • Title 17 (Chapters 17.1 through 17.98);
   • Title 18 (Chapters 18.1 through 18.98).
2. The persons designated in subsection A of this section (hereinafter referred to as Building Official) shall have the power to issue citations within the City pursuant to those sections of this code set forth in subsection A of this section. The Building Official is authorized by the ordinance codified in this section to arrest persons, without a warrant, whenever the Building Official has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his/her presence which is a violation of state statute or City ordinance which the Building Official has a duty to enforce.
3. In any case in which a person is arrested pursuant to subsection A or B of this section, and the person arrested does not demand to be taken before a magistrate, the Building Official making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5C (commencing with Section 853.6) of the California State Penal Code. The provisions of such chapter (5C of the Penal Code) shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.
4. Violations of Chapters 15.04, 15.08, 15.12, Title 17, and Title 18 of this Code are declared to be infractions, and upon conviction thereof are punishable as provided in Chapter 1.12.

(Ord. 876 §2, 2008; Ord. 515 §§1,2,3,4,5, 1979.)

15.05.010   Edition adopted.

This chapter refers to and incorporates herein, as modified and amended from time to time, in their entirety, the following documents and materials:

1. The California Fire Code, 2007 Edition, together with Chapters 1, 4, A, B, C, D, E, F, G, and H of the appendix as published by the International Code Council, subject to changes or modifications as set forth in this Chapter.
2. Where no applicable standards or requirements are set forth in the above-mentioned code, or contained within other laws, codes, regulations or ordinances adopted by the City, compliance with applicable standards of the National Fire Protection Association (NFPA) or other nationally recognized fire safety standards as are approved shall be deemed as prima facie evidence of compliance with the intent of this chapter.
3. A copy of the Code referenced above, in its latest form, is on file in the office of the Fire Chief."

(Ord. 876 §3, 2008; Ord. 866 §2, 2007.)

15.05.020   Application of chapter.

This chapter shall apply to all buildings, structures, areas and occupancies within the City of Fort Bragg. Pursuant to Health and Safety Code Section 13145 and 13146, the fire chief, or his or her authorized representative, shall enforce the provisions of this chapter and all other building standards and regulations relating to fire and panic safety that have been formally adopted by the State Fire Marshal for the prevention of fire and for the protection of life and property against fire or panic. (Ord. 866 §2, 2007.)

15.05.030   Appeals.

WWhenever the fire chief or his or her authorized representative refuses to grant a permit applied for, or when it is claimed that certain provisions of the International Fire Code, the California Fire Code and/or Fort Bragg Municipal Code do not apply, the applicant may appeal such decisions to the Fire Appeals Board no later than fifteen days after the refusal or claim. The Fire Appeals Board shall be appointed by the Fort Bragg Fire Protection Authority. (Ord. 866 §2, 2007.)

15.06.010   Purpose.

The California Fire Code, 2007 edition, as modified and amended from time to time, establishes certain standards for automatic fire extinguishing systems. A copy of the Code, in it's latest form, is on file in the office of the fire chief.

The purpose of this chapter is to provide regulations establishing minimum standards for automatic fire sprinkler systems where such standards are not specifically covered by the California Fire Code. Where specific standards are provided by the California Fire Code and provide a greater degree of fire protection than the provisions of this chapter, those standards shall apply. In those cases there the California Fire Code, 2007 Edition, does not provide specific standards, the terms of this chapter shall apply.

The intent of this chapter is to apply those fire protection standards which will provide the residents and property owner of the city the greatest degree of fire protection which is reasonable under the circumstances. All buildings are subject to the provisions of this chapter. (Ord. 866, §3, 2007.)

15.06.020   Definitions in general.

Definitions contained in the California Fire Code, International Fire Code and the International Building Code shall apply to this chapter unless specifically amended. (Ord. 876 §4, 2008; Ord. 866 §3, 2007.)

15.06.030   Automatic fire sprinkler systems - Required.

1. All new buildings shall have an automatic fire sprinkler system installed, unless specifically exempted in accordance with Section 15.06.050.
2. Buildings in existence prior to the adoption of this code shall be subject to the requirements for automatic fire sprinkler systems upon the change of occupancy to a higher hazard level as defined in NFPA 13, Section 1-4.7.
3. Existing buildings which are remodeled, added to, or altered, including maintenance and repair activities, when the cost of such work within any 36-month period exceeds $50,000, shall have an automatic fire sprinkler system installed. Roof replacement costs will not be calculated into the $50,000 limit.

(Ord. 866 §3, 2007.)

15.06.040   PVC or CPVC piping for residential fire sprinkler systems.

Every new residential building may install an engineered automatic fire sprinkler system using PVC or CPVC piping as specified in NFPA 13D and California State Fire Marshal suggested standards for the design, installation and automatic fire sprinkler systems for one- and two-family dwellings.

Use of PVC or CPVC piping for multi-residential automatic fire sprinkler systems shall include, in the design of this system, automatic fire sprinklers within all attic areas if any portion of the attic measures more than twenty-four inches (24" from ceiling to roof sheathing.

Use of PVC or CPVC piping for multi-residential automatic fire sprinkler systems shall include U-L approved "rapid or quick acting" sprinklers. (Ord. 866 §3, 2007.)

15.06.050   Exemptions and waivers.

1. All one-and two-family dwellings and "U" occupancies are exempted from the requirement to install automatic fire sprinkler systems.
2. The fire chief may grant exemptions from the automatic fire sprinkler system requirements for new construction by placing such conditions upon construction and/or use of the building so as to reduce the fire risk to a diminished level and by making a finding that the use of structure would present low or no fire risk. Examples: 1) Portable fire extinguisher or Class 2 standpipe installation; 2) providing one-hour resistive occupancy separation for equipment rooms; 3) sprinklers undesirable because of nature of the contents in the room/area, such as items being non-combustible or not exposed to other rooms/areas.

(Ord. 866 §3, 2007.)

15.06.060   Annual inspection.

The owner of any building in which automatic fire alarm systems or fire sprinkler systems have been installed shall have said systems inspected annually and shall provide a report of said inspection to the fire chief. (Ord. 866 §3, 2007.)

15.06.070   Installation of sprinkler systems to city-provided hookups..

As the City installs automatic fire sprinkler mains, with back flow devices, (i.e., fire sprinkler risers) in targeted blocks within the downtown area of Fort Bragg, the owners of adjacent properties shall be required to install approved automatic fire sprinkler systems within five years of the installation of the automatic fire sprinkler main.

1. Upon completion of the installation of an automatic fire sprinkler main, the City shall notify each adjoining property owner, by registered mail, of the availability of the sprinkler main and the five-year timeframe for the property owner to install automatic fire sprinklers.
2. The property owner shall submit plans for sprinkler installation to the fire department and a permit shall be issued prior to commencement of the installation.
3. The automatic fire sprinkler system shall meet the requirements listed in Chapter 15.06.

(Ord. 866 §3, 2007.)

15.06.080   Fire alarm systems defined and required.

1. "Fire Alarm System" means all devices, controls, and circuits, together with the energy necessary to sound the alarm, electrically supervise the system, and activate the alarm bells, trouble bells or trouble signals.
2. Every new building shall have installed an approved, automatically-operated fire alarm system designed to warn all occupants simultaneously. In addition, the fire chief may require that this system be monitored in the manager's quarters and/or by a supervising station as defined in NFPA 72. The fire chief may also require the installation of a manually-operated fire alarm system.
3. All required fire alarm systems shall be installed in accordance with NFPA 72.
4. Exceptions to Section 15.06.080 are all one-and two-family dwellings and "U" occupancies. These exceptions do not apply to one- and two- family dwellings within a building that otherwise requires an alarm system (i.e., commercial occupancy below a dwelling.)

(Ord. 866 §3, 2007.)

15.06.090   Violations.

Failure to comply with the requirements of this Chapter is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties established by Municipal Code Chapter 6.12 and identified in Municipal Code Section 15.04.120(D). (Ord. 866 §3, 2007.)

15.08.010   Plan checking fee - Basis.

A fee for checking plans shall be established by resolution of the City Council. (Ord. §5, 2008; Ord. 517 §1, 1979.)

15.08.020   Building permit fees - Uniform Building Codes.

1. Building permit fees shall be charged on a basis of the value of the construction on the rate as established from time to time by resolution of the City Council.  The building permit fee and the plan check fee, together with the City's building permit surcharge and the General Plan Maintenance Fee, if applicable, shall be totaled together for a total building fee as similarly established.
2. At the request of numerous building officials, Uniform Building Code standards offer the following building valuation data representing average costs for most buildings. Because residential buildings are the most common for many cities, two general classes are considered for these, one for "average" construction and the other for "good." Adjustments should be made for special architectural or structural features and location of the project. Often higher or lower unit costs may result.

The unit costs are intended to comply with the definition of "valuation" in Section 423 of the Uniform Building Code and thus include architectural, structural, electrical, plumbing, and mechanical work except as specifically listed below. It also includes the contractor's profit which should not be omitted if he/she has a financial interest in the project.

The determination of plan check fees for projects reviewed by the International Conference of Building Officials (I.C.B.O.) will be based on valuation computed and fixed by City Council resolution based on the most current Building Valuation Data index as published by the I.C.B.O. quarterly or semi-annual in its Building Standards Publication.

3. In addition to the above charges the following shall be added:
   1. National Electrical Code. A permit required pursuant to this code shall be granted according to the fee schedule as established from time to time by resolution of the City Council.
   2. Uniform Plumbing Code. A permit required pursuant to this code shall be granted according to the fee schedule as established from time to time by resolution of the City Council.
   3. Uniform Mechanical Code. A permit pursuant to this code shall be granted in accordance with the fee schedule as established from time to time by resolution of the City Council.
   4. Uniform Building Code, Appendix.  A permit required for Grading pursuant to this code shall be granted in accordance with the fee schedule as established from time to time by resolution of the City Council.
   5. Uniform Building Code. A permit required pursuant to this code shall be granted in accordance with the fee schedule established from time to time by resolution of the City Council.
4. For each extra inspection made necessary by defective workmanship or substandard materials, in excess of three trips for the same inspection, an additional fee per inspection as established from time to time by resolution of the City Council shall be charged.
5. In the event any person, corporation, partnership, or independent contractor starts construction of any project before securing a permit within the provisions of this chapter, that person, corporation, partnership, or independent contractor will be subject to a payment of double the fees on file in the office of the City Clerk. In order to be relieved from the double fee provision, said person, corporation, partnership, or independent contractor to be charged said double fees may meet with the City Manager and state their reasons or causes for failing to obtain said permit, and same shall be considered by the City Manager and may be considered for the purposes of excusing said person, corporation, partnership, or independent contractor from the provisions of this section.

(Ord. 876 §5, 2008; Ord. 806 §3B,C, 1997; 806 Ord. 715 §1, 1990; Ord. 673 §§5,6, 1987; Ord. 517 §2, 1979.)

15.08.030   Approval of building permits.

The Building Official or his/her designee shall be responsible for approving all building permit applications and issuance of permits.  (Ord. 876 §5, 2008; Ord. 816 §5, 1999; Ord. 673 §7, 1987; Ord. 484 §1, 1977.)

15.08.040   Fire department permits and building occupancy.

1. Plans for the construction or remodel of any building or structure, except one family dwellings, which require a building permit to be issued, shall undergo a fire code review and receive all necessary planning permit approvals, and shall receive a permit issued by the Fire Chief prior to the issuance of a building permit or the beginning of any construction.
2. No person shall occupy any building or allow any building to be occupied prior to the final inspection and approval of all fire department requirements by the Fire Chief or his or her authorized representative.

(Ord. 876 §5, 2008; Ord. 866 §5, 2007; Ord. 807 §3B, 1998; Ord. 806 §3F, 1997; Ord. 802 §3 (part), 1997.)

15.08.050   Fire department permit fees

Fire Department permit fees shall be set by resolution on file in the office of the City Clerk and shall be paid to the fire department prior to the issuance of a building permit (except one - and two - family dwellings and U occupancies). (Ord. 876 §5, 2008; Ord. 866 §6, 2007; Ord. 807 §3C, 1998; Ord. 802 §3(part), 1997.)

15.08.060   Violations - Penalty.

Any person, firm or corporation failing to comply with Chapter 15.08, or violating any provision thereof is guilty of an infraction, and upon conviction thereof is punishable as provided in Chapter 1.12. (Ord. 876 §5, 2008.)

15.12.010   Address marker required.

Every building or structure located in the city shall be provided with an address marker located in such a manner as to be clearly visible at all times for a distance of not less than one hundred feet from the nearest public highway, street or road serving such building or structure. Installation and maintenance of such address marker shall be the responsibility of the property owner, and shall be first erected prior to or upon the completion or occupation of such building. It is unlawful for any person to place, maintain or allow to remain upon any structure any number other than the one required by this chapter. (Ord. 654 (part), 1986; Ord. 183 §1, 1924.)

15.12.020   Specifications for numbers.

For residential buildings, numbers shall be not less than three inches in height. For commercial or mixed use buildings, numbers shall be not less than four inches in height. Numbers shall be not less than one-half inch in stroke. All numbers must be made of substantial and permanent material and must be reflective and of a color sharply contrasting with the background color and must be so placed or affixed as not to be easily effaced or removed. (Ord. 816 §6, 1999; Ord. 654 (part), 1986; Ord. 183 §2, 1924.)

15.12.030   Numbering system.

Oak Street is the starting point for the numbers of all buildings fronting on streets running north and south. Main Street shall be the starting point for the numbers of all buildings fronting on streets running east and west. On all streets running north and south, the numbers on the east side of the street shall be even numbers, commencing with the number 100 at the point of beginning, and the numbers on the west side of such streets shall be odd numbers, commencing with the number 101 at the point of beginning. On all streets running east and west the numbers on the south side of the street shall be even numbers, commencing with the number 100 at the point of beginning, and the numbers of the north side of such streets shall be odd numbers, commencing with the number 101 at the point of beginning. All numbering shall be in accordance with the numbers assigned and designated on a certain map or plat on file in the Community Development Department, and open for public inspection.  (Ord. 876 §6, 2008; Ord. 183 §3, 1924.)

15.12.040   Violation - Penalty.

Any person, firm or corporation failing to comply with this chapter or violating any provision thereof is guilty of an infraction, and upon conviction thereof is punishable as provided in Chapter 1.12.  (Ord. 876 §7, 2008; Ord. 515 §6, 1979.)

15.16.010   Compliance required.

It is unlawful for any person, firm or corporation to keep or store any gasoline or other flammable liquid having a flash point below seventy degrees Fahrenheit, closed cup tester, within the limits of the city unless such gasoline or other liquid is kept or stored in accordance with the provisions of this chapter. (Ord. 214 §1, 1931.)

15.16.020   Specification - Inspection.

Except as otherwise provided in this chapter, the storage of such liquids mentioned in Section 15.16.010 in quantities greater than five gallons shall be in underground or above ground tanks constructed of iron or steel or other suitable fireproof material.

Underground tanks shall be buried with the top of the tank not less than two feet below the surface of the earth and below the level of any piping to which the tanks may be connected, except that in lieu of said two foot covering of earth, tanks may be buried under one foot of earth and a cover of reinforced concrete at least five inches in thickness provided, which cover shall extend at least one foot beyond the outline of the tank in all directions. Said concrete cover to be placed on a firm, well tamped earth foundation.

All tanks shall be inspected by the fire chief before being put in use. Underground tanks shall be so inspected before being covered.

No tank shall be used for the storage of any liquid mentioned in Section 15.16.010, except under written permit therefor, signed by the fire chief and issued after his inspection of the tank. Such inspection shall be made by the fire chief within forty-eight hours after notice to him requiring same. No permit shall be issued for the installation or use of any tank not installed and constructed in accordance with the terms of this chapter. (Ord. 214 §2, 1931.)

15.16.030   Limits on delivery for containers without permit.

No delivery of any liquid mentioned in Section 15.16.010 shall be made in lots of more than five gallons for storage in any tank or container not installed in accordance with the provisions of this chapter, or for storage in any tank or container for which no permit has been issued as provided by Section 15.16.020. (Ord. 214 §3, 1931.)

15.16.040   Visible pumps exempt - Not in use defined.

The provisions of this chapter shall not be construed to prohibit the use of "visible" or other gasoline pumps which have attached thereto a chamber for the purpose of measuring gasoline; provided, however, that the measuring chamber of any such pump shall be kept drained of all gasoline at all times when not in use or when there is no person attending same. The term "not in use" as used in this chapter, shall be construed to mean when the establishment where such pump is installed is not open for business. (Ord. 214 §4, 1931.)

15.16.050   Motor fuel in tanks or tank wagons exempt.

The provisions of this chapter do not apply to motor fuel in the fuel tanks of motor vehicles, nor to tank wagons used for the purpose of delivering or transporting any liquid mentioned in Section 15.16.010, nor to temporary storage in sealed containers incident to the handling of such liquids for sale by dealers therein, where such temporary storage does not exceed a period of forty-eight hours. (Ord. 214 §5, 1931.)

15.16.060   Violation - Penalty.

Any person, firm or corporation failing to comply with Chapter 15.16, or violating any provision thereof is guilty of an infraction, and upon conviction thereof is punishable as provided in Chapter 1.12.  (Ord. 876 §8, 2008.)

15.16.060   Violation - Penalty.

Any person, firm or corporation failing to comply with Chapter 15.16, or violating any provision thereof is guilty of an infraction, and upon conviction thereof is punishable as provided in Chapter 1.12.  (Ord. 876 §8, 2008.)

15.24.010   Purpose.

The purpose of this chapter is to provide minimum standards for the use of materials and design of residential and nonresidential buildings in the city, to conserve energy and to safeguard the life, health, property and public welfare by regulating and controlling the building of new residential and nonresidential buildings with the city. (Ord. 508 §1, 1978.)

15.24.020   Adoption of state standards.

The City refers to and incorporates in its entirety in this chapter the following: California State Energy Code, California Code of Regulations Title 24, Part 6. Title 24 shall be incorporated in this chapter as it is modified and amended from time to time, including the latest adopted. A copy of said reference materials in its latest form is on file in the office of the City Building Inspector. (Ord. 876 §9, 2008; Ord. 508 §2, 1978.)

15.24.030   Conformity with state law.

This chapter shall be deemed amended to conform to Title 24, Part 6, of the California Code of Regulations.  It is the intention of this chapter to conform to state law and to maintain this code in conformity with the state law if amendments are made thereto. (Ord. 876 §10, 2008; Ord. 508 §3, 1978.)

15.24.040   Enforcement duty.

It is the duty of the building official (the building inspector of the city), in coordination with the city engineer, to enforce the energy regulations. (Ord. 508 §4, 1978.)

15.24.050   Additional application fees.

An additional application fee will be charged to an applicant for a building permit to review the energy portion of the building application. Additionally, the applicant will be required to pay any fees which the City is required or requested to collect on behalf of the state to process the application. This section does not waive any other application or filing fees. (Ord. 876 §11, 2008; Ord. 508 §5, 1978.)

15.30.010   Permit required.

It is unlawful for any person to do any abrasive blasting or sandblasting on the outside of any building, storage tank or structure within the city without first having obtained a permit from the building official. A separate permit shall be required for each separate job or location at which such abrasive blasting is to be done. (Ord. 662 §1 (part), 1986.)

15.30.020   Exemptions.

Activities exempted from the requirements of this chapter shall include:

1. Abrasive blasting of machinery enclosed entirely within a building;
2. Abrasive blasting of highway markings, curb markings, fire hydrants, signposts and other similar facilities.

(Ord. 876 §12, 2008; Ord. 662 §1 (part), 1986.)

15.30.030   Application for permit.

An applicant for a permit shall first file an application therefor in writing in the office of the building official. The building official shall prepare and furnish forms for that purpose. Each application shall state:

1. The location of the job;
2. The building, tank, structure or portion thereof to be blasted;
3. The length of time it is estimated the job will take;
4. The date when blasting work is to commence;
5. The number of persons to be employed; and
6. The type of equipment and blasting agent which will be used.

(Ord. 876 §13, 2008; Ord. 662 §1 (part), 1986.)

15.30.040   Permit fee.

15.30.050   Liability insurance.

Before a permit shall be issued, the applicant shall file with the City Clerk a policy or policies of insurance, or a certificate or certificates of insurance as set forth in and, in accordance with, the City's Administrative Regulations as from time to time amended. (Ord. 876 §15, 2008; Ord. 662 §1 (part), 1986.)

15.30.060   Workers' compensation insurance.

Pursuant to Section 3800 of the Labor Code of the state, before a permit shall be issued under the provisions of this chapter, the applicant shall file in the office of the building official:

1. A certificate of consent to self-insure issued by the director of industrial relations; or
2. A certificate of workers' compensation insurance issued by an admitted insurer; or
3. An exact copy or duplicate thereof certified by the director or the insurer.

(Ord. 662 §1 (part), 1986.)

15.30.070   Notice to adjacent building occupants.

Before the applicant shall commence any abrasive blasting work, he shall give a three-day notice in writing to all owners or occupants of buildings immediately adjacent to the location upon which the proposed work is to be done, and the applicant shall submit evidence to the city clerk in a form satisfactory to the city clerk that such three-day notice has been given. (Ord. 662 §1 (part), 1986.)

15.30.080   Restrictions.

The following restrictions shall apply to all abrasive blasting:

1. Each abrasive blasting operation shall at all times be protected and separated from any adjoining property by canvas or other suitable barrier sufficient to prevent splashing or blowing of water, sand, or other abrasives used in the blasting operation.
2. No abrasive blasting shall be permitted before seven a.m. or after seven p.m. of any day, nor shall the same be permitted on a Sunday or legal holiday.
3. No dry abrasive blasting shall be permitted except by permission of the Mendocino County Air Quality Management District.

(Ord. 816 §7 1999; Ord. 662 §1 (part), 1986.)

15.30.090   Obstructions in streets.

If obstructions are to be placed in City streets or public places, all provisions of the State of California Vehicle Code, the California Building Code, and such requirements as may be imposed by the Public Work Director or designee shall be complied with.(Ord. 876 §16, 2008; Ord. 662 §1 (part), 1986.)

15.30.100   Cause for revocation of permit.

Noncompliance with any of the provisions of this chapter shall be cause for immediate revocation of any permit issued for abrasive blasting and immediate stopping of abrasive blasting on any job. The building official shall have the power to revoke such permit and order the stopping of such work without previous notice. It is unlawful for any person to do any such abrasive blasting after a permit therefor has been revoked. (Ord. 662 §1 (part), 1986.)

15.30.110   Miscellaneous - Chapter provisions not exclusive.

Nothing contained in this chapter shall be deemed to exempt the applicant or permittee from the provisions of any other requirements of this code, nor from the payment of any other fees or the obtaining of any other permits required by this code. (Ord. 662 §1 (part), 1986.)

15.30.120   Air pollution control permit.

No permit shall be granted under this chapter until the applicant has first obtained a permit from the Mendocino County Air Pollution Control District. (Ord. 662 §1 (part), 1986.)

15.30.130   Definitions.

For the purpose of this chapter, definitions shall be as provided in Title 17 of the California Administrative Code, Subchapter 6, Section 92000. (Ord. 662 §1 (part), 1986.)

15.32.010   Lands to which chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Fort Bragg. (Ord. 678 (part), 1987.)

15.32.020   Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration, through the Federal Emergency Management Agency, with accompanying Flood Insurance Rate Maps, as amended from time to time, are hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Rate Maps are the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the Community Development Department.  (Ord. 876 §17, 2008; Ord. 678 (part), 1987.)

15.32.030   Compliance.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor, and upon conviction thereof is punishable as provided in Chapter 1.12.  Nothing herein contained shall prevent the local government from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 876 §18, 2008; Ord. 678 (part), 1987.)

15.32.040   Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 678 (part) , 1987.)

15.32.050   Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

1. Considered as minimum requirements.
2. Liberally construed in favor of the governing body.
3. Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. 678 (part), 1987.)

15.32.060   Warning and disclaimer of liability,

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Fort Bragg, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result reliant on this chapter or any administrative decision lawfully made thereunder. (Ord. 678 (part), 1987.)

15.32.070   Establishment of development permit.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section15.32.020. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; In Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures.
2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed.
3. All appropriate certifications listed in Section 15.32.090(D) of this ordinance.
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. 678 (part), 1987.)

15.32.080   Designation of the floodplain administrator.

The community development director is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 678 (part), 1987.)

15.32.090   Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

1. Permit Review
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.
2. Use of Other Base Flood Data
   When base flood elevation data has not been provided in accordance with Section 15.32.020 "Basis for Establishing the Areas of Special Flood Hazard," the floodplain administrator shall obtain, review, and reasonably utilize the base flood data available from a federal, state, or other source. Any such information shall be submitted to the city council for adoption.
3. Alteration of Water Course
   Whenever a water course is to be altered or relocated, it is the responsibility of the community development director to:
1. Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Flood Insurance Administration.
2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
4. Information to be Obtained and Maintained
   The floodplain administrator shall obtain and maintain for public inspection and make available as needed:
1. The certification required in Section 15.32.100(C)(1) (floor elevations);
2. The certification required in Section 15.32.100(C)(2) (elevations in areas of shallow flooding);
3. The certification required in Section 15.32.100(C)(3c) (elevation or floodproofing of non-residential structures);
4. The certification required in Section 15.32.100(C)(4a) or 15.32.100(C)(4b) (wet flood-proofing standard);
5. The certified elevation required in Section 15.32.120(B) (subdivision standards);
6. The certification required in Section 15.32.140(A) (floodway encroachments);
7. The information required in Section 15.32.150(F) (coastal construction standards); and
8. The reports required in Section 15.32.160(D) (mudflow standards).
5. Interpretation of Flood Insurance Rate Map (FIRM) Boundaries
   The floodplain administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided for herein.
6. The floodplain administrator shall take all actions necessary to remedy violations of this ordinance.

(Ord. 678 (part), 1987.)

15.32.100   Standards of construction.

In all areas of special flood hazard, the following standards are required:

1. Anchoring
1. All new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of Section 15.32.130.
2. Construction Materials and Methods
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall use methods and practices that minimize flood damage.
3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4. Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.
3. Elevations and Floodproofing
1. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Section 15.32.100(C)(3). Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
2. New construction and substantial improvement of any structure in Zone AH, AO or VO shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the Flood Insurance Rate Map (FIRM) or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Section 15.32.100(C)(3). Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
3. Nonresidential construction shall either be elevated in conformance with Section 15.32.100(C)(1) or (2) or together with attendant utility and sanitary facilities:
1. be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
2. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
4. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or
2. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
5. Manufactured homes shall also meet the standards in Section 15.32.130.

(Ord. 678 (part), 1987.)

15.32.110   Standards for utilities.

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from systems into flood waters.
2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding.

(Ord. 678 (part), 1987.)

15.32.120   Standards for subdivisions.

1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
2. All final subdivision plans will provide the elevation of proposed structure(s), pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood damage.
4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
5. All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazard.

(Ord. 678 (part), 1987.)

15.32.130   Standards for manufactured homes.

All new and replacement manufactured homes and additions to manufactured homes shall:

1. Be elevated so that the lowest floor is at or above the base flood elevation; and
2. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

(Ord. 678 (part), 1987.)

15.32.140   Floodways.

Located within areas of special flood hazard established in Section 15.32.020 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. If Section 15.32.140(A) is satisfied all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this chapter.

(Ord. 678 (part), 1987.)

15.32.150   Coastal high hazard areas.

Within coastal high hazard areas established in Section 15.32.020, the following standards shall apply:

1. All new construction and substantial improvements shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation.
2. All new construction shall be located on the landward side of the reach of mean high tide.
3. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such temporarily enclosed space shall not be used for human habitation.
4. Fill shall not be used for structural support of buildings.
5. Man-made alteration of sand dunes which would increase potential flood damage is prohibited.
6. The floodplain administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or architect that a proposed structure complies with Section 15.32.150(A).
2. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

(Ord. 678 (part), 1987.)

15.32.160   Mudslide (i.e., mudflow) - prone areas.

1. The floodplain administrator shall review permits for proposed construction or other development to determine if it is proposed within a mudslide area.
2. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to:
   1. The type and quality of soils;
   2. Evidence of ground water or surface water problems;
   3. The depth and quality of any fill;
   4. The overall slope of the site; and
   5. The weight that any proposed development will impose on the slope.
3. Within areas which have mudslide hazards, the following requirements apply:
   1. A site investigation and further review shall be made by persons qualified in geology and soils engineering;
   2. The proposed grading, excavation, new construction and substantial improvements shall be adequately designed and protected against mudslide damages;
   3. The proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances; and
   4. Drainage, planting, watering and maintenance shall not endanger slope stability.
4. Within Zone M on the Flood Insurance Rate Map, the community shall adopt a drainage ordinance which complies with the standards of Sections 1610 through 1612A; 1801 through 1812A; Appendix G; and Appendix J of the most recent amendment of the California Building Code:
   1. The location of foundation and utility systems of new construction and substantial improvements;
   2. The location, drainage and maintenance of all excavations, cuts and fills and planted slopes;
   3. Protective measures including but not limited to retaining walls, buttress fills, subdrains, diverter terraces, benchings, etc.; and
   4. Engineering drawings and specifications to be submitted for all corrective measures, accompanied by supporting soils engineering and geology reports.

(Ord. 876 19, 2008; §Ord. 678 (part), 1987.)

15.32.170   Flood related erosion - prone areas.

1. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.
2. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
3. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
4. Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

(Ord. 678 (part), 1987.)

15.32.180   Appeal board.

1. The Fort Bragg city council shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator on this chapter.
3. In passing upon such application, the city council shall consider all technical evaluations, all relevant factors, standards, etc., specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the community.
5. The necessity to the facility of a waterfront location, where applicable.
6. The availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage.
7. The compatibility of the proposed use with existing and anticipated development.
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
9. The safety of access to the property in times of flood for ordinary and emergency vehicles.
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
4. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 1-11 in Section 15.32.180(C) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
5. Upon consideration of the factors of Section 15.32.180(C) and the purpose of this ordinance, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this ordinance.
6. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(Ord. 678 (part), 1987.)

15.32.190   Conditions for variances.

1. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result,
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization to the public or conflict with existing local laws or ordinances.
5. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 15.32.190(A) through 15.32.190(D) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board in the office of the Mendocino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. 678 (part), 1987.)

15.32.200   Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

1. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
2. "Base Flood" is the flood having a one percent (1%) chance of being equaled or exceeded any given year (also called the "100-year flood").
3. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
4. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
   1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
   2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
5. "Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE or V.
6. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
7. "Flood or Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
   1. The overflow of inland or tidal waters;
   2. The unusual and rapid accumulation of runoff of surface waters from any source;
   3. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.
8. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
9. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
10. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
11. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").
12. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
13. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
14. "Floodproofing" means any combination of structural and non-structural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved property.
15. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory floodway."
16. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
17. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of the structure.
18. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
19. "Manufactured home" means a structure that is transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
20. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
21. "New Construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community.
22. "One hundred year flood" or "100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood", which will be the term used throughout this chapter.
23. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
24. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
25. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
26. "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO A1-30, AE A99, AH, VO, V1-V30, VE or V.
27. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
28. "Structure" means a walled and roofed building, including gas or liquid storage tanks, that is principally above ground, as well as a manufactured home.
29. "Substantial Improvement" means any repair, reconstruction or improvement to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
    1. Before the improvement or repair is started; or
    2. If the structure has been damaged and is being restored, before the damage occurred.
    1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
    2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic places.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. This term does not, however, include either:

30. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
31. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

(Ord. 876 §20, 2008; Ord. 678 (part), 1987.)

15.34.010   Definitions.

For purposes of this chapter the following definitions apply:

1. City's "Authorized Agent" is the city manager's designated entity to review initial waste management checklist of permit applicants; to consult with permit applicants on waste diversion options; and to review completed waste management checklist and accompanying documentation to certify to whether the requirements of this ordinance have been fulfilled by the applicant. The authorized agent may be the community development director, franchised solid waste hauler, or another qualified entity.
2. "Contractor" means any person or business under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in Fort Bragg.
3. "Construction" means all building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of Designated Recyclable and Reusable Materials as defined in paragraph D below.
4. "Demolition and Construction Debris" means:
1. Discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.
2. Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project.
3. Non-construction and demolition debris wood scraps.
4. Insignificant amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry.
5. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.
5. "Designated Recyclable and Reusable Materials" means:
1. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick.
2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not creosoted, preservative pressure treated, contaminated or painted.
3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush, or any other type of plants that are cleared from a site for construction or other use.
4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences.
5. Roofing Materials including wood shingles as well as asphalt, stone, and slate based roofing material.
6. Gypsum board.
7. Salvageable Materials includes all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances.
6. "Project" means a demolition or construction activity for which a city permit is required, and, in the case of associated activities such as a housing development consisting of numerous single-family homes, an apartment complex consisting of several detached buildings, or a commercial development consisting of several detached building, the "overall project" shall be defined as the entire development for purposes of determining exemption or non-exemption from the waste reduction requirements of this ordinance.
7. "Waste" means all building materials and other construction debris that are removed from a job site before, during or after construction but prior to occupancy. Construction waste typically includes waste concrete, asphalt, wood scrap, drywall, metal, insulation, wiring, cardboard, etc.

(Ord. 861 §2, 2007.)

15.34.020   Diversion requirements.

At least the following specified percentages of the waste tonnage of demolition and construction debris generated from every demolition, remodeling and construction project shall be diverted from going to the landfill by using recycling, reuse and diversion programs:

1. Demolition: Seventy-five percent (75%) of waste tonnage of concrete and asphalt; and fifteen percent (15%) of waste tonnage excluding concrete, asphalt and clean redwood.
2. Re-roofing of structures as a separate project:  Fifty percent (50%) of wood, slate or stone waste by tonnage; ninety percent (90%) of metal roofing shingles; and fifty percent (50%) of asphalt shingles (when the authorized agent identifies a reasonable recycling option for this material).
3. Construction: Fifty percent (50%) of waste tonnage.
4. Remodeling: Fifty percent (50%) of waste tonnage.
5. Sidewalk, driveway and/or roadway demolition or resurfacing: Seventy-five percent (75%) of waste tonnage.

(Ord. 876 §21, 2008; Ord. 861 §2, 2007.)

15.34.030   Construction and demolition projects subject to diversion requirements.

The following project categories are covered projects and must comply with this chapter:

1. Any project of more than 1,000 square feet requiring a permit for demolition, or
2. Any remodel or renovation project of more than 500 square feet, or
3. Any new construction project of more than 1,000 square feet, or
4. Any road, sidewalk, or driveway renovation/demolition project that results in the removal of 200 square feet or more of asphalt or concrete.

(Ord. 861 §2, 2007.)

15.34.040   Exemption from waste management checklist and incentive.

The following projects are exempt from the requirements for a waste management checklist and incentive:

1. Work for which only a plumbing, electrical, or mechanical permit is required.
2. Seismic tie-down projects.
3. Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required.
4. Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required.
5. All new roofs without significant removal of existing roofing materials (tear-off).

(Ord. 861 §2, 2007.)

15.34.050   Waiver from diversion requirement.

1. Application: If an applicant believes it is infeasible to comply with the diversion requirements of this ordinance due to the circumstances delineated in this section, the applicant may apply for an exemption at the time the initial waste management checklist is submitted. waivers may be granted based on the following considerations:
1. No onsite storage/waste sorting space.
2. Contamination by hazardous substances.
3. Low recyclability of specific materials.
4. Other as determined by the authorized agent

The applicant shall indicate on the waste management checklist the maximum rate of diversion the applicant believes is feasible for each material and the specific circumstances that the applicant believes make it infeasible to comply with the diversion requirement.

2. Determination by Compliance Official: The city's authorized agent shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. The authorized agent shall determine whether the exemption will be granted, and may substitute an alternative lesser diversion requirement upon determination that it may reasonably be achieved by the applicant using locally available diversion opportunities.

(Ord. 861 §2, 2007.)

15.34.060   Information required before issuance of permit.

Every applicant shall submit a properly completed initial waste management checklist, on a form as prescribed by the city, to the authorized agent, as a portion of the building or demolition permit process. The checklist will show how the applicant will satisfy the diversion requirement by diverting specific materials from disposal and shall indicate the following for the covered project:

1. The estimated total volume or weight of construction and demolition waste generated by the project;
2. The means that the applicant proposes to use to divert construction and demolition waste;
1. Estimating Volume and Weight of Debris. In estimating the weight of materials identified in the waste management checklist, the applicant shall use the conversion rates approved by the authorized agent for this purpose.
2. Describing Means of Diversion. In describing the means of diversion of construction and demolition waste other than salvage, the applicant shall state the approved facility that will be used, by material type. In describing the means of diversion of construction and demolition waste proposed for salvage, the applicant shall state the quantity and means of reuse.

The applicant will be encouraged to consult with the citys designated agent in preparation of the checklist. Approval of the checklist as complete and adequate shall be a condition precedent to issuance of any building or demolition permit. The applicant shall submit an amended waste management checklist for review and approval prior to any deviation from the procedures set forth in the initial checklist.

(Ord. 861 §2, 2007.)

15.34.070   Deposit incentive required.

As a condition precedent to issuance of any building, demolition or encroachment permit that involves the production of solid waste destined to be delivered to a landfill, the applicant shall post an incentive in a form acceptable to the authorized agent. The deposit incentive will be set by resolution. The incentive shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the authorized agent, that no less than the required percentages or proven proportion of those percentages of the tons of debris generated by the demolition and/or construction project have been diverted from landfills and have been recycled or reused. If a lesser percentage of tons or cubic yards than required are diverted, a proportionate share of the incentive will be returned. The incentive shall be forfeited entirely or to the extent that there is a failure to comply with the requirements of this chapter.

The incentive rate will be updated every January according to the Consumer Price Index (CPI), so that the incentive keeps pace with the rate of inflation.

The authorized agent will also collect a non-refundable processing fee for each waste management checklist. This fee will be used to fund the administration of the program and will also be set by resolution.

(Ord. 861 §2, 2007.)

15.34.080   On site practices.

During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the authorized agent that can be converted to tonnage. The city or its authorized agent will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and disposed of from the project.

If clean wood is taken off-site by employees for burning in a fireplace or wood stove to generate heat or for reuse in other construction projects, the contractor shall keep a sign-out sheet that details all wood taken off site for such purposes. The sign-out sheet will include the date, the employees name, the employees signature and an estimate of the wood taken off site (in pounds or cubic feet).

For a fee, Fort Bragg's solid waste franchisee will provide recycle bins, dumpsters with partitions, and/or a trash bin as available to facilitate waste segregation and recycling activities by contractors of all new construction, remodel and demolition projects within the City of Fort Bragg.

(Ord. 861 §2, 2007.)

15.34.090   Reporting.

Within sixty (60) days following the completion of any demolition project or construction project, the contractor shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the authorized agent or the city's authorized agent which proves compliance with the requirements of this ordinance. The documentation shall consist of a completed waste management checklist showing actual data of tonnage of materials recycled and diverted as well as actual tonnage of waste materials transported to the landfill. The checklist data shall be supported by receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and landfill and disposal companies. Receipts and weight tags will be used to verify what percentage of materials generated from the site were recycled, reused, salvaged or otherwise disposed of. In the alternative, the permittee may submit a letter stating that no waste or recyclable materials were generated from project, in which case this statement shall be subject to verification by the authorized agent or the city's authorized agent.

If a project involves both demolition and construction, the checklist and documentation (receipts) for the demolition project must be submitted and approved by the authorized agent or the city's authorized agent before issuance of a building permit for the construction project. Any incentive shall be forfeited if the permittee does not meet the reporting requirements of this section.

(Ord. 861 §2, 2007.)

15.34.100   Challenges.

Challenge of decisions by the authorized agent with regard to implementation of this ordinance can be made in writing to the city manager, as authorized by Fort Bragg Municipal Code Section 2.16.070(R).

(Ord. 861 §2, 2007.)

15.34.110   Violation as a public nuisance.

Each violation of any of the provisions of this ordinance shall constitute a public nuisance and shall be subject to forfeiture of any deposit incentive described herein. If the violation consists of a failure to pay the deposit incentive as described in this ordinance, then the person or entity responsible for payment of the deposit incentive shall pay a penalty to the city in the amount of the deposit incentive that should have been paid, in addition to any other fine or penalty that may be imposed pursuant to Section 15.34.120, below.

(Ord. 861 §2, 2007.)

15.34.120   Penalties.

Each violation of the provisions of this ordinance shall constitute a misdemeanor, and upon conviction thereof is punishable as provided in Chapter 1.12.  (Ord. 876 §22, 2008; Ord. 861 §2, 2007.)

15.34.130   Use of construction and demolition recycling incentive.

Incentive funds not reclaimed by applicants, due to failure to achieve threshold recycling and diversion levels, will be used to improve construction and demolition waste recycling facilities, education, and programs within the City of Fort Bragg.

(Ord. 861 §2, 2007.)

15.34.140   Improvement of construction and demolition waste recycling/diversion goals.

The construction and demolition waste recycling requirements will increase in 2015 to reflect improvements in recycling and diversion performance and opportunities. Specifically, by 2015 the following specified percentages of the waste tonnage of demolition and construction debris generated from every demolition, remodeling and construction project shall be diverted from going to the landfill by using recycling, reuse and diversion programs:

1. Demolition: Ninety percent (90%) of waste tonnage of concrete and asphalt, and twenty-five percent (25%) of waste tonnage excluding concrete and asphalt.
2. Re-roofing of structures as a separate project: Sixty-five percent (65%) of wood, slate or stone waste, and fifty percent (50%) of asphalt shingles when the authorized agent certifies that a reasonable recycling option for this material is available.
3. Construction and Remodeling: Sixty-five percent (65%) of waste tonnage.

(Ord. 861 §2, 2007.)

1. For statutory provisions regarding the regulation by cities of the construction and removal of buildings, see Government Code §38601. For provisions regarding the authority of cities to
   1. Regulate the construction of and the materials used in all buildings, chimneys, stacks and other structures and in foundations and foundation walls;
   2. Regulate the construction, repair and alteration of buildings;
   3. Prevent the erection and maintenance of unsafe building walls, chimneys, stacks, or other structures;
   4. Provide for the summary abatement, destruction, or removal of such unsafe structures and of unsightly or partially destroyed buildings;
   5. Regulate the construction and location of drains and sewers;
   6. Regulate the materials used in wiring structures for electricity and in piping them for water, gas, or electric supply, and regulate the manner of such piping; or
   7. Prohibit the construction of structures not conforming to such regulations, see Government Code §38660.
   For provisions of the State Housing Act, see Health & Safety Code §17910 et seq.
2. Editor's Note: This section was included following instructions of the city council conveyed by the city clerk.
3. The Uniform Building Codes adopted by reference by Ord. 876, codified in Chapter 15.04, were enacted pursuant to the authority of Government Code §50020, et seq to comply with the requirements of the State Housing Law, Health and Safety Code §§17922 and 17958.
4. Editor's Note: Pursuant to instructions from the city attorney, the following sentence from Ord. 536, codified in Chapter 15.04, is to be added to the end of Section 15.04.120(D) for violations of Sections 15,04.020, 15.04.040 and 15.04.050: "Continuing violations shall be deemed to be separate offenses for each day a violation occurs and continues."
5. Editor's Note: "Occupancy is defined by group in the Uniform Building Code."
6. Prior ordinance history: Ord. 596.
7. Prior ordinance history: Ord. 668. Ordinance 678 effective October 28, 1987 set forth:
   It is hereby found and determined as follows:
   1. Statutory Authorization. The legislature of the State of California has delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
   2. Findings of Fact.
      1. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
      2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
   3. Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
      1. To protect human life and health.
      2. To minimize expenditures of public money for costly flood control projects.
      3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
      4. To minimize prolonged business interruptions.
      5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
      6. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future blight areas.
      7. To insure that potential buyers are notified that property is in an area of special flood hazard.
      8. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
   4. Methods of Reducing Flood Loses. In order to accomplish its purposes, this chapter includes, methods and provisions for:
      1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.
      2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
      3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.
      4. Controlling, filling, grading, dredging, and other development which may increase flood damage.
      5. Preventing to regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.