18.04.020 Section 104 (Duties and Powers of the Building Official) of the California Building Code amended.
A. Section 104.1 is amended to read as follows:
104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures as supplemental to this code in order to clarify the application of its provisions or to implement or facilitate inspection functions, the issuance of permits and certificates. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
B. Section 104.2.2 is added to read as follows:
104.2.2 Rebuild threshold and limits on repair and remodel.
The building official shall determine the applicability of certain permitting procedures and requirements for repair and remodeling projects on a case-by-case basis. A project classified as “rebuild” pursuant to this section shall be treated as a new building or structure. Modification of fixtures, finishes, and systems shall not be considered in measuring project magnitude.
1. Generally applied rebuild threshold for construction projects. “New construction” is defined as any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) when 75% or more of the exterior weight bearing walls is removed or demolished. A project shall also be defined as “new construction” when the scope of work for groups R3 and U occupancies involves the alteration, rebuild, removal, or combination thereof of any structural framing that meets or exceeds 75% or greater of the linear footage of interior and exterior walls, including the removal of roof structure in those wall areas.
2. Cumulative construction projects. The cumulative scope for permitted work within any three-year period shall be added together when determining whether the scope of work constitutes a rebuild. For the purposes of this section, the computation of time shall be measured from the latest permit’s date of issuance. The calculation of the percentage of floor area affected and final determination of required improvements shall be made by the building official.
3. Special consideration for unforeseen defects and damages. If construction defects or damages (e.g., pest or water damage) are discovered after construction has begun that were not predictable or known by ordinary means such as pest damage reports and other inspections and precautions, work must cease until the building official has been notified. The building official shall have the discretion to evaluate the circumstances of the discovery and may allow the rebuild threshold to be increased provided procedures deemed appropriate by the building official are followed.
(Ord. CS-437 § 3, 2022)