OWNER-BUILT LIMITED DENSITY RURAL DWELLINGS

OWNER-BUILT LIMITED DENSITY RURAL DWELLINGS

Proposed Ordinance 15.12

ORIGIN• General Plan Housing Element:

H-1I Limited Density Owner-Built Rural Housing

The County shall evaluate the feasibility of amending the County’s implementation of California Code of

Regulations Title 25, Division 1, Chapter 1 Article 8 to provide greater flexibility to meet the needs of

residents.

The County shall establish a pilot program within the Butte Fire area to apply such measures.

Responsible Department: Planning and Building Departments

Time Frame: Develop program by end of 2019

Implements Policies: H 1.2, H 2.9, H 2.10 and H 5.1

Funding: General Fund

THE RECIPE• Solicit public input to draft an ordinance that uses all the following

ingredients:

1. Aligns with the housing element by facilitating housing construction

2. Aligns with Building Department Goals:

• Facilitate safe construction practices

• Keep programs simple in form and implementation

• Recognize new materials as well as construction traditions

• Allow greater flexibility based on personal responsibility of the owner and/or contractor

• Provide for consumer protection

3. Compliance with State Law

• CCR 25, Chapter 1, Subchapter 1, article 8

• PRC 4290 and 4291

• Smoke and CO detection laws

INGREDIENT #1• California Code of Regulations (CCR) Title 25, Chapter 1, Subchapter 1,

Article 8, Section 76

• The provisions of this article shall apply to the construction, enlargement, conversion, alteration, repair, use, maintenance, and occupancy of limited density owner-built rural dwellings and appurtenant structures.

• It is the intent of this article that the requirements contained herein shall apply to seasonally or permanently occupied dwellings, hunting shelters, guest cottages, vacation homes, recreational shelters and detached bedrooms located in rural areas.

• Section 15.12.030 includes: “ barns, sheds, shops, or other appurtenant structures, not intended for human habitation, to be constructed and used solely by the owner of the property, or by the owner’s family.”

• By adopting this ordinance an owner had the ability to reduce cost of housing as well as further development of structures on their property to support their household.

INGREDIENT #2• Facilitate Safe Construction

• 15.12.300 through 360 focus on the safety provisions of adopted codes.

• 15.12.280 identify the codes, but make it clear that “such codes shall be the basis for approval”, rather than strict adherence, which allows for judgement on a broad range of construction issues.

• Keep it Simple

• 15.12 primarily follows the language contained in the enacting law, CCR Title 25, Chapter 1, Subchapter 1, Article 8.

• Recognize new materials and construction traditions

• New and old technologies can be compared to the code or allowed as “proven materials”

• Greater Flexibility for owners

• Only an owner and the owners family may take advantage of this ordinance

• Consumer protection

• 15.12.100 allows the County to record a notice on the title identifying the structure as a Rural Dwelling and limiting the occupancy as “not for rent or lease”

MORE CONSUMER PROTECTION• 15.12.100(b) – a Notice of Limited Allowed Use is required to be

recorded on the title indicating the limitations. Within 3 years of a certificate of occupancy, the structures cannot be:

• Sold

• Rented

• Leased

• Used as employee housing

• If this does occur, the structure is required to be brought into compliance under Title 24 through the standard permit process.

• In the event of a unreasonable hardship, the Building Official is allowed to grant an early sale, and record the findings that granted that sale. However, the building must still confirm to the standard as owner occupied.

INGREDIENT #3

• The ordinance, as presented follows the scope and intent of CCR 25, Chapter 1, Subchapter 1, Article 8

• PRC 4290 and 4291

• 15.12.290 reiterates the requirements of 4290 and 4291 which are not preempted by this ordinance

• Smoke and CO detection

• The requirements for these safety features are contained in State law that is not preempted by this ordinance. For simplicity, it is not addressed in this ordinance in favor of the governing laws. (CHSC 13113.7 and 17926)

• Combine all ingredients in a non-stick bowl(County Counsel)

• Mix well (fix your mistakes) and………..

SUPPER’S READY!

SALT AND PEPPER TO TASTE• Residential Fire Sprinklers – this ordinance places the construction of a

rural dwelling in the enforcement provisions of Title 25. Since the requirements for residential fire sprinklers is contained in Title 24, an owner may opt to not install a residential fire sprinkler system.

• Trinity County ordinance is the only version that explicitly omits residential fire sprinklers.

• In discussion with the industry working group, it was agreed that a specific omission was not respectful to our fire services, and specific inclusion of 4290/4291 regulations in the ordinance was necessary to

• Comply with the Board of Forestry’s regulations

• Make it clear that decisions made by a single owner must be prevented from impacting the public.

• Tiny home design would no longer be limited to being classified as an RV, Manufactured Home, or Title 24 dwelling. Greater flexibility in tiny home design is realized.

• Yurts? The only hurdles to allowing a Yurt as a dwelling in the adopted codes are residential fire sprinklers and compliance with WUI. Both can be mitigated through this ordinance.

• Recreational vehicles could also be converted into rural dwellings using this ordinance by providing minimum housing safety.

• Green Building Code – strict compliance not necessary. Ordinance allows materials that would not normally be allowed that are sustainable and/or are diverted from waste stream:

• Recycled plastic, wood, metal, glass, rubber (tires), etc.

• Native rock or soil (cob or stone construction)

• Wood such as ungraded site-milled lumber or logs

• Energy Code – strict compliance not necessary. Easier to allow passive heating/cooling, more architectural options for energy efficiency.

SANITATION PROVISIONS• 15.12.310 provides clear guidance on the necessity of an approved

onsite wastewater system or sewer connection.

• Any alternates must be approved by the Environmental Health Department.

IF ADOPTED• The permit will be tracked the same as any other building

• Type – Single Family

• Subtype - Rural

• The program will follow the same basic process as any other permit:

• Application – same application, description must identify “rural dwelling”

• Plan review – same basic process. Design meetings or site visits may be necessary to approve unusual materials or designs.

• Inspection – inspections limited to actual work performed that would require an inspection.

• Structural

• Electrical

• Mechanical

• Plumbing /sanitation

FEES• If the design is similar to a standard residential structure, the standard

fees apply.

• If the design is simplified and the work to provide the service is reduced, hourly rated may be applied to reduce cost to the applicant.

• The savings is not in the permit fees, it is in the labor, design, and materials.

DISCUSSION TOPICS• Options for the definition of “rural”

• Findings

• Indemnification

• Questions