Sec. 7-1. - Purpose.

This chapter is enacted as a result of requirements of state law and the determination that within the unincorporated area of this county, certain regulations for construction, maintenance, use and occupancy are required to provide the minimum standards to safeguard the life, limb and property and protect the public health, safety and general welfare and to provide regulations and control of those factors in the physical environment which exercise or may exercise a deleterious effect on this physical development, health and survival. The board of supervisors of the county of Sonoma has determined that the adoption of this chapter will assure local control of the mandatory building and inspection requirements of the state of California.

There is established in this county the permit and resource management department. The board of supervisors shall budget and appropriate such funds for the department as it may deem necessary for the operation of said department.

(Ord. No. 5754 § 1(a), 2007: Ord. No. 4906 § 3, 1995.)

Sec. 7-2. - Chief building official and duties.

There is Established the Office of Chief Building Official. The chief building official shall be the director of the permit and resource management department or his or her designee. The chief building official shall supervise and be responsible for all inspection work required for the proper enforcement of regulations imposed by this chapter except those duties specifically delegated herein to the county public health officer. The chief building official shall perform related duties as directed by the board of supervisors. The chief building official shall appoint such deputies and assistants as may be authorized by the board of supervisors.

The chief building official or his or her duly authorized representative shall act as the secretary of the local appeals board and housing appeals board and, notwithstanding any provisions in any code adopted hereby to the contrary, he or she shall not be a member thereof. Upon presentation of proper credentials and pursuant to the law, the chief building official or his or her duly authorized representative may enter buildings, structures, or premises in the unincorporated area of the county to perform any duty imposed upon him or her by this chapter.

(Ord. No. 5754 § 1 (b), 2007: Ord. No. 5399 § 1, 2003: Ord. No. 4906 § 3, 1995.)

Sec. 7-3. - Local appeals board and housing appeals board.

There is created the local appeals board and housing appeals board as provided in section 1.8.8.3 of the California Building Code, consisting of seven (7) members appointed by the board of supervisors. The housing appeals board may be made up of the same members as the local appeals board. The term of office of each shall be four (4) years or until his or her successor is appointed and qualified. Vacancies other than upon the conclusion of a term shall be filled for the remainder of the predecessor's term. Members shall be qualified by experience and training to rule upon matters pertaining to building code interpretation, fire code interpretation, and suitability of alternate materials and types of construction. It shall be the policy of the board of supervisors to appoint as members at least one (1) registered civil engineer, one (1) registered fire protection engineer, one (1) licensed architect, and one (1) contractor with at least a Class B license, but this policy shall in no way deprive the board of supervisors of its full discretion in the appointment of otherwise qualified persons. Each member shall receive twenty-five dollars ($25.00) for each meeting attended but not to exceed fifty dollars ($50.00) in any one (1) calendar month. The local appeals board and housing appeals board shall by resolution fix regular times and places for its meetings. Except where inconsistent with the provisions of this section, Section 7-4, Section 13-11 or Section 13-12 of this code, the duties of the local appeals board and housing appeals board shall be as prescribed in Section 108.8.3 of the California Building Code.

(Ord. No. 5904, § I, 11-2-2010; Ord. No. 5754, § 1(c), 2007; Ord. No. 5167, § 1(a), 1999; Ord. No. 4906, § 3, 1995.)

Sec. 7-4. - Appeals.

Appeal may be made from any decisions of the chief building official in accordance with Section 1.8.8.3, Division I, Chapter 1, of the California Building Code and Section 113.3 of Chapter 1, Division II, of the California Building Code provided, however, that such appeal may not be made more than thirty (30) days after the decision from which appeal is being made has been rendered. Prescriptive standards as set forth in this code do not constitute a decision of the building official appealable under this section. All applicants and appellants shall be given reasonable opportunity to be heard and present evidence. Decisions of the local appeals board and housing appeals board shall be in writing and shall be delivered to the appellant either in person or by mailing to the address stated on the appeal or application. Decisions of the local appeals board and housing appeals board are final. The local appeals board and housing appeals board shall have no authority relative to fees, permit processing or other matters which are not directly related to building standards, and shall have no authority to waive the requirements of this code. Appeals of any notice of violation or notice and order to abate any violation of this code shall be heard and decided by a hearing officer pursuant to Section 1-7.3 of the Sonoma County Code.

(Ord. No. 5904, § I, 11-2-2010; Ord. No. 5754, § 1(d), 2007; Ord. No. 4906, § 3, 1995.)

Sec. 7-5. - Building permit required.

(a)

No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, convert or demolish any building or structure in the unincorporated area of this county, or cause the same to be done, without first obtaining a separate building permit for each such building or structure as required by this chapter. Permits shall be issued and fees shall be collected by the permit and resource management department. The building standards for the work authorized by the new permit shall be governed by the codes in force at the time of the new permit application as described in Chapter 1, Division I, Section 1.8.2, of the California Building Code as to the erection and construction of dwellings and appurtenant structures for which construction was lawfully commenced, commenced to legalize a violation, or approved prior to the effective date of this ordinance.

(b)

Permits shall not be issued by the permit and resource management department for work which includes any of the following, unless and until written approval has been received:

(1)

The construction, alteration or modification of:

(i)

Any on-site disposal system (approval required from the well and septic section of permit and resource management department),

(ii)

Any water supply system which under state law or county ordinance is required to have a permit to operate (approval required from the health officer or the state health services department),

(iii)

Any establishment selling or preparing food or food products, any public or semi-public swimming pool as defined in the 2010 California Administrative Code (approval required from the health officer);

(2)

The construction, alteration or modification of any structure which will result in the structure being connected to an on-site wastewater disposal system or water system; (approval required from the well and septic section of permit and resource management department),

(3)

The alteration or modification of any existing structure which is connected to an on-site wastewater disposal system or water system requiring a permit, where the alteration or modification may impose additional burdens upon the existing system, such as, but not limited to, the addition of rooms or the modification of floor plans for potential additional occupancy. This section shall not apply to repairs, such as replacement of roofing or siding. Where the permit is for modification or alteration of an existing structure, no permit will be issued where, in the determination of the chief building official, such modification is likely to result in exceeding the capacity of the system;

(4)

The construction, alteration or modification of any structure which may result in the property being improved in excess of its capacity to absorb sewage effluent. This section is intended to cover any change in the property which might adversely affect sewage disposal such as, but not limited to grading or the construction of a barn or swimming pool which might infringe on the leach field (approval required from the well and septic section of permit and resource management department);

(5)

For the purposes of this section, approval by the well and septic section of permit and resource management department shall mean either an office clearance, field clearance, or issued well and septic permit for on-site wastewater disposal system.

(c)

Whenever approval of the on-site wastewater disposal system is required, it shall be based upon the requirements imposed by this chapter and any other state or local law or regulation which may be applicable, including basin plans and other standards promulgated by the North Coast Water Quality Control Board and the San Francisco Bay Regional Water Quality Control Board.

(d)

Building permits must be cleared as to zoning considerations in Chapter 26 or 26C, grading and drainage requirements in Chapter 11, and stormwater requirements in Chapter 11A of this code. Building permits for projects regulated by the California Fire Code and Sonoma County fire safe standards may be subject to review and approval by appropriate fire service agencies. Where county road encroachment is necessary, a permit for same shall be first secured. A water and/or sewer clearance is first required in areas serviced by special districts and cities before building permits can be issued.

(e)

Notwithstanding any other provision of this chapter or the codes adopted hereby, emergency maintenance work or repair of buildings and structures requiring a permit hereunder may be commenced before obtaining a permit without violating this chapter provided the permit and resource management department or the public health officer, in the appropriate case, is notified prior to noon of the next following business day and the permit required is obtained within twenty-four (24) hours thereafter, and provided further that no work shall be covered before it has been duly inspected and approved. Compliance with the State Subdivision Map Act, the Sonoma County subdivision regulations, and the Sonoma County zoning regulations, including compliance with conditional permits issued thereunder, and compliance with all laws, is a condition precedent to the issuance of any permit required by this chapter for work to be done on any particular parcel of real property in the unincorporated area of this county.

(f)

As a condition precedent to the issuance of a building permit required by this section for which an application was made on or after November, 1989, the applicant shall pay to the county development fee as specified in Section 26-98-660 of this code. The permit required for Section 105 of Appendix 1 of the California Building Code for structures subject to the requirements of this subsection shall not be issued unless and until the development fee has been paid.

(g)

Within flood-prone urban areas as defined in Section 7-13(a)(10), a building permit authorizing excavation for foundations shall not be issued until a disposal location for excavated material has been designated. Acquisition of a building permit does not relieve the permittee of the responsibility for acquiring any other state and local permits required for the activity.

(h)

In any unincorporated portion of Sonoma County where stormwater discharges are subject to the requirements of one or more NPDES permits, as referenced in Chapter 11, any construction site for which building permits are approved pursuant to Chapter 7 must be developed and used pursuant to any applicable requirements of said NPDES permit(s). Failure to adhere to applicable NPDES permit requirements at any time will be deemed to be a violation of this section and may subject the permittee to the penalties established by this chapter. Permittees may meet this requirement by filing with the regional water quality control board the appropriate notice of intent to comply with the state general construction activity stormwater permit or by obtaining approval of an individual NPDES permit from the regional water quality control board.

(Ord. No. 5904, § I, 11-2-2010; Ord. No. 5891, § 2, 12-9-2008; Ord. No. 5754, § 1(e), 2007; Ord. No. 5167, §§ 1(b), 1(c), 1999; Ord. 4981, §§ 1, 2, 1996; Ord. No. 4906, § 3 (part), 1995.)

Sec. 7-6. - Relocated buildings.

A relocated building shall comply with the provisions of this chapter for new buildings to the extent that is reasonable and practical as determined by the chief building official, except that relocated dwellings and apartment houses shall permit the retention of existing materials and methods of construction so long as the apartment house or dwelling complies with the building standards for foundation applicable to new construction and does not become or continue to be a substandard building.

(Ord. No. 5754 § 1(f), 2007: Ord. No. 4906 § 3 (part), 1995.)

Sec. 7-7. - Agricultural exemption permit requirements.

(a)

At the applicant's option, the provisions of Section 7-5 requiring building permits may be exempted for buildings, or repairs, alterations, additions, or remodels to buildings designed and constructed for use in housing farm machinery, animals, supplies or products that are harvested from or utilized on a parcel of land. Buildings constructed pursuant to this section shall, conform to all applicable codes and regulations and applicant shall obtain an exemption permit.

This agricultural exemption permit shall not apply to the following:

(1)

Any building, any part of which is within sixty (60) feet of a property line or other non-agricultural exempt building, regardless of the size of the parcel, except the distance to other buildings may be reduced to not less than forty (40) feet when allowed by building code requirements;

(2)

Any building which will or does contain waste plumbing. Electrical, mechanical and water systems may be installed in agricultural exempt buildings, however, permits for and inspections of these systems are required;

(3)

Any farm property less than five (5) acres. Farm property means all contiguous parcels. Parcels shall be considered as contiguous even if they are separated by roads;

(4)

Any building that is not an agricultural building as defined by Section 202 of the California Building Code;

(5)

Any building located on property with a land use zone other than LIA, LEA, DA RRD, RRDWA, AR TP or RR;

(6)

Property on which an agricultural use does not presently exist and for which no substantial evidence of future agricultural use is available. The chief building official's determination of the sufficiency of the evidence of current or future agricultural use shall be final;

(7)

Any building exceeding two (2) stories;

(8)

Any building constructed primarily of other than wood frame construction except for manufactured pre-engineered buildings;

(9)

Any wood frame building wherein spans of structural members exceed twenty-five (25) feet, unless the exemption request is accompanied by building plans prepared, stamped, and signed by a licensed civil or structural engineer or architect.

(b)

Prior to the erection, construction, conversion, enlargement or major alteration of any building or structure situated on agricultural land, or prior to the moving of any building or structure onto said land subject to exemption, a written application for the exemption shall be filed with the chief building official and shall contain:

(1)

A verified statement in writing signed by the owner of the agricultural land regarding each of the requirements contained in this section;

(2)

Description of the present use of the land;

(3)

Description of the building or structure to be exempted and its proposed use;

(4)

Name and address of the owner of the land and the assessor's parcel number. The applicant must be the owner;

(5)

An accurate dimensioned plot plan showing all buildings, structures, property lines, streets and roads and the means of access thereto;

(6)

Such further information as the chief building official may require;

(7)

Payment of the exemption fee.

(c)

The chief building official shall record a notice of agricultural exemption with the county recorder following issuance of an agricultural exemption. The notice shall contain:

(1)

The owner's name and the property address and assessor's parcel number;

(2)

The owner's description of the present agricultural use of the land;

(3)

A description, including use, of the building for which the exemption was issued;

(4)

The date of exemption issuance.

(d)

Unless otherwise authorized, the structure or repairs, alterations, additions, or remodels for which the exemption is approved must be completed within three (3) years of the date of the authorization for exemption. If the structure or repair, alteration, addition, or remodel is not completed within this time period, a new exemption must be applied for. When the structure or repairs, alterations, additions, or remodels is completed, an inspection must be performed by permit resource management division staff. The sole purpose of this inspection shall be to insure that the structure is complete and is being used for the use stated on the application for exemption.

(Ord. No. 5754, § 1(g), 2007; Ord. No. 5167, §§ 1(d), 1(e), 1999; Ord. No. 4906, § 3, 1995.)

Sec. 7-8. - Inspection by county public health officer and the director of permit and resource management department.

The county public health officer or his or her duly authorized representative shall inspect all premises subject to operating regulations pursuant to this chapter at such time or times as he or she deems necessary, and if he or she determines that a violation of the regulations imposed by this chapter has occurred or is occurring, which is endangering or may endanger the public health, he or she may serve a notice of violation upon the permittee under an operating permit in such manner as provided herein or in codes adopted hereby. A copy of said notice shall be delivered to the permit and resource management department unless such disposition is approved in writing by the public health officer. The public health officer or his or her duly appointed representative may enter, during reasonable times, and in accordance with law, upon buildings, structures or premises within the unincorporated area of this county to perform any duty imposed upon him or her by this chapter.

Whenever a property owner requests a certificate from the director of permit and resource management department, certifying that the premises comply with all existing laws and regulations enforced by the director of permit and resource management department respecting sewage disposal systems and water supply, a fee shall be charged as set by ordinance of the board of supervisors.

(Ord. No. 5754, § 1(h), 2007; Ord. No. 4906, § 3, 1995.)

Sec. 7-9. - Refunds.

Pursuant to Section 109.6 of Chapter 1, Division II, of the California Building Code, 103.4.5 of Chapter 1 of the California Plumbing Code, Section 115.6 of Chapter 1 of the California Mechanical Code, and Section 89.108.4.2 of the California Electrical Code, refunds of fees paid may be made, subject to the following:

(a)

One hundred (100) percent of a fee erroneously paid or collected may be refunded.

(b)

Ninety (90) percent of the plan review fee may be refunded when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled or expires or becomes void before any plan review effort has been expended. No portion of the plan review fee shall be refunded when any plan review effort has been expended.

(c)

Ninety (90) percent of the building, plumbing, electrical, and/or mechanical permit fee may be refunded when a permit for which some or all of these permit fees have been paid is withdrawn or cancelled or expires or becomes void before any work was done and before any inspections are performed. No portion of these fees shall be refunded when any work was done and/or any inspections have been performed.

(d)

The chief building official may authorize the refund of all or part of a fee in order to correct an error by the department. The details of such a refund shall be retained in project file.

(e)

Application for refund must be made within one (1) year of the date the fee is paid.

(Ord. No. 5904, § I, 11-2-2010; Ord. No. 5754, § 1(i), 2007; Ord. No. 5167, § 1(f), 1999; Ord. No. 4906, § 3, 1995.)

Sec. 7-10. - Valuation and fees.

Notwithstanding the fees set forth in the codes adopted by this chapter, the board of supervisors shall by ordinance set the valuations of structures and set all fees to be collected. Building valuation data published periodically by the International Conference of Building Officials may be used as a guide.

(Ord. No. 4906 § 3, 1995.)

Sec. 7-11. - Conflicting regulations.

Wherever conflicting provisions or requirements occur between this code, the technical codes and any other codes or laws, the most restrictive shall govern, in accordance with Section 101.7 of the California Building Code.

(Ord. No. 5754, § 1(j), 2007; Ord. No. 5167, § 1(g), 1999; Ord. No. 4906, § 3, 1995.)

Sec. 7-11.5. - Compliance with fire safe standards.

Any building or structure subject to the provisions of this chapter shall comply with the fire safe standards set forth in Chapter 13 of this code.

(Ord. No. 4906 § 3, 1995.)

Sec. 7-11.75. - Compliance with right to farm ordinance.

Any building or structure subject to the provisions of this chapter shall comply with the right to farm ordinance set forth in Chapter 30 of this code.

(Ord. No. 5023 § 1, 1999.)

Sec. 7-12. - Building permits in water scarce areas and second dwelling units in marginal water areas.

1.

No building permit for new or replacement residential dwelling units shall be issued within the water scarce area four (4) or for new or replacement second dwelling units within the marginal water availability area three (3) where the water supply is from individual wells, springs or any other sources, unless the following requirements are met:

(a)

That the well or wells yield a minimum of one (1) gallon per minute per dwelling unit by a sustained yield, metered pump test of the following duration:

(1)

Each dwelling unit is a connection to the well. Wells with one (1) to two (2) connections: test of twelve (12) hours or eight (8) hours in accordance with the Sonoma County Permit and Resource Management Department's well pump test guidelines,

(2)

Wells with three (3) to four (4) connections: test of twenty-four (24) hours or sixteen (16) hours in accordance with the Sonoma County permit and resource management department's well pump test guidelines,

(3)

Wells with five (5) or more connections: test of at least seventy-two (72) hours after the dynamic pumping level has been established. A reduction of the seventy-two (72) hour metered pumping test may be granted by the administrative authority if it is indicated that the sustained yield well production is two (2) or more times greater than required. Under no circumstances shall the test be less than forty-eight (48) hours.

NOTE: Also see Section 64563 of the California Code of Regulations for determination of source capacity for systems with five (5) or more connections.

(b)

That a minimum storage capacity shall be provided as follows:

(1)

Single-family dwelling (one (1) connection) — one thousand (1,000) gallons shall be provided either in the well hole or in a storage tank, or both; provided, however, that only five hundred (500) gallon storage shall be required if the yield is three (3) gallons per minute; provided further, however, that no storage is required if the well yield is five (5) gallons per minute, or greater,

(2)

Two (2) or more connections — one thousand (1,000) gallons shall be provided per connection, either in the well hole or in a storage tank, or both, as required by the county of Sonoma water system standards, whichever is greater,

(3)

Note: These volumes are for domestic water storage. Additional storage volume is required for fire control.

(c)

The tests shall be conducted from July 15th to October 1st. The test period may be extended by the project review and advisory committee. Pump tests shall be performed by or under the direction of a licensed water well drilling contractor (C57), pumping contractor (C6l/D21), a registered civil engineer or a registered geologist who shall report test results to the director of permit and resource management department. The director of permit and resource management department shall be notified a minimum of twenty-four (24) hours prior to the pump testing of wells or springs;

(d)

That, if spring(s) or other water sources are to be used as the primary domestic water source, yields and required storage capacity shall meet the same minimum requirements as for wells. Springs shall be perennial;

(e)

Application may be made to the project review and advisory committee for approval of alternate methods of water supply.

2.

Notwithstanding Section 1., a building permit for new or replacement residential dwelling units may be issued within the water scarce area four (4) or for new or replacement second dwelling units within the marginal water available area three (3) if the permittee obtains an easement for water supply on a parcel that is entirely within a Groundwater Availability Area 1, major groundwater basin (Zone 1); or Area 2, major natural recharge area (Zone 2), in a format approved by the permit and resource management department.

(Ord. No. 5754 § 1(k), 2007: Ord. No. 5489 § 1, 2004: Ord. No. 5167 § 1(h), 1999: Ord. No. 4906 § 3, 1995.)