BUILDING AND CONSTRUCTION PERMITS

Chapter 20.800

GENERAL PROVISIONS

Sections:

20.800.010 Declaration.
20.800.020 Policy.
20.800.030 Purpose.
20.800.040 Specialized or uniform codes adopted.

20.800.050 Definition of words and terms.
20.800.060 Interpretation, conflict and separability.
20.820.070 Validity of permit.
20.800.080 Suspension or revocation.
20.800.090 Emergency powers.
20.800.100 Enforcement, violations and penalties.

      20.800.010 Declaration.
      This part is “Building and Construction Permits”, Part IV of the Douglas County development code. (Ord. 802, 1998)   

      20.800.020 Policy.
      A. It is the county’s policy that the issuance of building and construction permits is subject to the control of the county pursuant to the master plan for the orderly, planned, efficient, and economical development of the county.
      B. Before issuing a permit, the property must be able to be used safely without danger to health or peril from fire, flood, slope instability or other menace, and that adequate public facilities and improvements exist or are proposed to be constructed and proper drainage, water, sewerage, and capital improvements such as schools, parks, recreation facilities, transportation facilities are provided, and improvements comply with the provisions of this code.  (Ord. 802, 1998)   

      20.800.030 Purpose.
      The purpose of this part is to prescribe regulations governing conditions hazardous to life and property from fire or explosion and to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, encroachment of public rights-of-way, quality of materials, use and occupancy, location and maintenance of all buildings, structures, public and private utilities and infrastructure within Douglas County and certain specifically regulated equipment. 
The purpose of this part is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.  (Ord. 802, 1998)   

      20.800.040 Specialized or uniform codes adopted.
         A. 1.The board adopts the following nationally recognized codes together with the supplements, listed changes, additions and deletions as noted:
             1. The International Building Code (IBC), 2003 Edition, and Appendices C, E and I as amended, except the portions deleted, modified or amended by Appendix B.
             2. The International Residential Code (IRC), 2003 Edition, and Appendices A, B, C, G, H, J, K and L as amended, except the portions deleted, modified or amended by Appendix B.
             3. The board adopts the Uniform Mechanical Code (“UMC”), 2003 Edition including Appendix Chapter A, B and C.
             4. The board adopts the Uniform Plumbing Code (“UPC”), 2003 Edition and the IAPMO Installation Standards and Appendices A, B, C, D, E, F, G, H, I, J and L except for the portions deleted, modified or amended by Appendix B.
             5. The board adopts the National Electrical Code (“NEC”), 2002 Edition, except for the portions deleted, modified or amended by Appendix B.
             6. International Existing Building Code, 2003 Edition, except the portions deleted, modified or amended by Appendix B.
             7. International Energy Conservation Code, 2003 Edition, except the portions deleted, modified or amended by Appendix B.
             8. National Fire Protection Association (NFPA) 58, 54 and 96.
             9. 2003 International Fire Code (IFC), except the portions deleted, modified or amended by Appendix B.
         B. Subsequent editions of the 2003 International Building Code, 2003 International Residential Code, International Existing Building Code, 2003 International Energy Conservation Code and 2003 International Fire Code are adopted on July 1 the year following the annual date of the most current edition. All the provisions of this chapter and in Appendix B that are more restrictive than those contained in any subsequent edition of the currently adopted editions will remain in full force and effect. (Ord. 1131, 2005; Ord. 802, 1998; Ord. 711, 1995; Ord. 641, 1994; Ord. 558, 1992; Ord. 469, 1987; Ord. 441, 1985; Ord. 440, 1985; Ord. 439, 1985; Ord. 438, 1985; Ord. 437, 1985)
   

      20.800.050 Definition of words and terms.
        In this code, wherever the International Plumbing Code is used, reference the Uniform Plumbing Code. Wherever the International Mechanical Code is used, reference the Uniform Mechanical Code. Wherever the International Fuel Gas Code is used, reference NFPA 54.  (Ord. 1131, 2005)


        20.800.060 Interpretation, conflict and separability.

        A. In their interpretation and application, the provisions of these regulations are the minimum requirements for the promotion of the public health, safety, and general welfare.
        B. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law.  Where conflicts occur between the technical codes, those provisions providing the greater safety of life shall govern.  In other conflicts where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern.  Where in a specific case different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern.  When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.  When conflicts occur between specific provisions of this code and administrative provisions in a technical code which is then applicable within this jurisdiction, those provisions becoming the law most recently shall prevail.
      C. Wherever a IBC or IRC reference is made to the UBC appendix, the provisions in the appendix do not apply unless specifically adopted by the county.  (Ord. 1131, 2005; Ord. 802, 1998)   

      20.800.070 Validity of permit.
      A. The issuance or granting of a permit or approval of plans, specifications and computations will not be construed to be a permit for, or an approval of, any violation of any of the provisions of this part or other law.  Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction are not valid.
      B. The issuance of a permit based on plans, specifications and other data will not prevent the building official from requiring the correction of errors in the plans, specifications and other data, or from preventing building operations being carried on when in violation of this part, other law or the current adopted building codes.  (Ord. 1131, 2005; Ord. 802, 1998)   

      20.800.080 Suspension or revocation.
      The building official may, in writing, suspend or revoke a permit issued under the provisions of this part whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this part.  (Ord. 1131, 2005; Ord. 802, 1998)   

      20.800.090 Emergency powers.
      In case of catastrophe, such as fire, earthquake, flood or explosion, the building official, in case of actual and immediate danger of failure or collapse of a building or structure or portions of the building or structures that endangers life or property, may order and require occupants to vacate immediately.  The building official may, when necessary for the public safety, temporarily close sidewalks, streets, buildings, structures and places adjacent to buildings or structures and prohibit them from being used until emergency measures have been taken to remove all possible hazards of life and property.  (Ord. 1131, 2005; Ord. 802, 1998, Ord. 711, 1994; Ord. 641, 1994; Ord. 451 part, 1985)   

      20.800.100 Enforcement, violations and penalties.
      A.   1. It is the duty of all officers and the building official of the county to enforce these regulations and to bring to the attention of the director and district attorney any violations.
            2. No owner, or agent of the owner, of any parcel of land or structure shall construct erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this part.
            3. No person shall construct, alter, move, demolish or repair roads, utilities or drainage facilities in violation of this part.
      B. Any person, firm or corporation who fails to comply with, or violates, any of these regulations is guilty of a misdemeanor.  Each person is guilty of a separate offense for each and every day or portion of a day during which a violation of any of the provisions of these codes is committed, continued or permitted. (Ord. 1131, 2005; Ord. 802, 1998; Ord. 641, 1994; Ord. 558, 1992)