HomeMy WebLinkAbout15- Building Fees eti�tNARD�
CI x BERNARDINO 300 NORTH"D"STREET,SAN BERNARDINO,CALIFORNIA 92418
ED 1N
JAMES F. PENMAN
CITY ATTORNEY February 1 , 1988
(714)384-5355
Opinion No . 88-6
10 .38
HON. EVLYN WILCOX
MEMBERS OF THE COMMON COUNCIL
RE: Adoption of Building Fees
ISSUE
The question has arisen as to the adoption of the fee schedule
set out in the Uniform Building Code in the City of San
Bernardino .
ANALYSIS
In pertinent part , Health & Safety Code Section 17958 provides
as follows:
it . . . Any city or county may make
changes in the provisions adopted pursuant
to Section 17922 [statutory adoption of
Uniform Building Codes ] . . . to amend , add ,
or repeal ordinances or regulations which
impose the same requirements as are
contained in the provisions adopted pursuant
to Section 17922 . . . or make changes or
modifications in those requirements upon
express findings pursuant to Section 17958.5
and 17958 .7. If any city or county does not
amend , add , or repeal ordinances or regulations
to impose those requirements or make changes
or modifications in those requirements upon
express findings , the provisions published
in the State Building Standards Code or the
other regulations promulgated pursuant to
PRIME N ROGPESS
Mayor and Common Council
February 1 , 1988
Page Two
Section 17922 shall be applicable to it and
shall become effective 180 days after
publication by the Commission . Amendments ,
additions , and deletions to the State
Building Standards Code adopted by a city
or county pursuant to Section 17958 .7 ,
together with all applicable portions of
the State Building Standards Code , shall
become effective 180 days after publication
of the State Building Standards Code by
the State Building Standards Commission."
As referenced in the above section , Health & Safety Code
Section 17958 .5 provides in pertinent part as follows:
" (a) . . . In adopting the ordinances
or regulations pursuant to Section 17958 , a
city or county may make such changes or
modifications in the requirements contained
in the provisions published in the State
Building Standards Code and the other
regulations adopted pursuant to Section
17922 as it determines , pursuant to the
provisions of Section 17958 .7 , are reasonably
necessary because of local climatic , geological ,
or topographical conditions .
"For purposes of this subdivision , a city
and county may make reasonably necessary
modifications to the requirements , adopted
pursuant to Section 17922 , contained in the
provisions of the Code and regulations on
the basis of local conditions .
" (b) On or after October 1 , 1981 ,
and each October 1 thereafter , the Department
shall transmit a report to the State Building
Standards Commission on the modifications and
changes made by cities and counties to the
building standards published in the State
Building Standards Code and the other
regulations of the Commission . The report
shall include a summary by the Department
of the reasons cited as the necessity for
the modifications and changes . The report
required pursuant to this section shall apply
to modifications and changes made after
January 1 , 1980 . "
Mayor and Common Council
February 1 , 1988
Page Three
In addition , Health & Safety Code Section 17958 .7 provides in
part as follows:
" (a) . . . The governing body of a
city or county, before make any modifications
or changes pursuant to Section 17958 .5 , shall
make an express finding that such modifications
or changes are reasonably necessary because of
local climatic , geological or topographical
conditions . Such a finding shall be available
as a public record . A copy of such findings ,
together with the modifications or change
expressly marked and identified to which each
such finding refers , shall be filed with the
Department . No such modification or change
shall become effective or operative for any
purpose until the finding and modification or
change have been filed with the Department .
" (b) The Department may reject a
modification or change filed by the governing
body of a city or county if no finding was
submitted . "
From the above statutory authority it is clear that local
governmental agencies may make changes in the state-promulgated
Uniform Building Codes if specific findings are made related to
climatic , geological or topographical conditions which would
necessitate such changes . This is apparently devised to give
local jurisdictions control over such requirements which
relate to the changing local conditions . However , it also
seems clear that the purpose for having the Uniform Building
Codes is so that the requirements will be primarily uniform
throughout the state .
It would be very difficult to make the necessary findings in
order to support a change in the uniform fees set forth in the
Uniform Building Codes .
It should be noted that pursuant to Health & Safety Code
Section 17958 quoted above , these fees as well as the other
provisions of the Uniform Building Codes are automatically
applicable to each jurisdiction unless specific findings for
alternative adoptions have been made by the local agency.
Therefore , it appears that for approximately the last year the
revised Uniform Building Codes have been applicable to the
jurisdiction of the City of San Bernardino . If the City now
adopts the Uniform Building Code but makes changes not
Mayor and Common Council
February 1 , 1988
Page Four
supported by the findings , these can be rejected by the State
(see Health & Safety Code Section 17958 .7 (b) quoted above) . If
the City continues to follow the prior Uniform Building Code
and to essentially ignore the most recent enactment , including
the change in fees , the City remains open to a tax payer suit
or perhaps a suit by the State to compel compliance . It is
unclear how significant these two possibilities are .
CONCLUSION
It is the conclusion of this office that the 1985 Uniform
Building Code is currently in effect in the City of San
Bernardino , and the increased fees provided in that enactment
should be charged by the City. Should the City desire to make
changes in those fees , they must be done on very specific
findings as outlined in the Statutes in relation to climatic ,
geological or topographical conditions .
Respectfully submitted ,
J MES F . PENMAN
ity Attorney
JFP:cm
CC : City Administrator
City Clerk