Title
CB20-0607 - 1223 Ballena Blvd. Appeal of Building Officials’ Determination Regarding Expiration of Permit CB20-0607 Due to Permit Inactivity and Lack of Justifiable Cause to Extend
Body
CITY OF ALAMEDA
HOUSING AND BUILDING CODE HEARINGS AND APPEALS BOARD APPEALS HEARING
September 2, 2021
Appeal of permit expiration decision regarding CB20-0607 - 1223 Ballena Blvd. Background
Effective 1/1/2020, permits issued by the City of Alameda expire in accordance with California Residential Code Section R105.5 and California Building Code Section 105.5. These sections state “Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after the commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated.”
1223 Ballena Blvd.
On 2/18/2020, the City of Alameda Code Enforcement division received a complaint regarding extensive work taking place at 1223 Ballena Blvd. The complaint was determined to be valid and enforcement proceedings commenced. Following the issuance of 11 separate Notice of Violations, Permit CB20-0607 was issued on 12/28/2020. The permit covered an extensive list of work completed without permit.
CB20-0607 INSTALL NEW GLASS RAILINGS AT UPPER BALCONY AND LOWER DECK, INSTALL NEW 50 GA WATER HEATER, INSTALL NEW GAS LINE FOR NEW FIREPLACE INSERT, INSTALL NEW GAS INFRARED HEATERS AT EXTERIOR BALCONY, INSTALL NEW SLIDING WINDOW AT KITCHEN, REPAIR EXISTING LOWER AND UPPER DECKS, ALTER EXISTING WOOD CHIMNEY- REMOVE (E) METAL FLUE, DEMOLISH UPPER FIRE BOX, BUILD NEW FIREBOX AND DIRECT VENT INSERT. ENLARGE KITCHEN INCLUDING REMOVING NON BEARING WALLS
On 12/28/2020, the property owner was sent an email from the Permit Center, informing him that the permit was issued and that the approved plans and permit card would be brought to the job site by the inspector at the first inspection. No inspections were ever scheduled.
On 06/29/2021, the property owner was informed that due to inactivity, Permit CB20-0607 had expired. The property owner was instructed to apply for and obtain a new permit to complete the work covered under CB20-0607.
The property owner argued he did not know his permit was expiring and that he was unable to schedule an inspection due City Hall’s closure as a result of Covid-19 restrictions.
Property Owner’s Justifiable Cause
CRC Section R105.5 states that “The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated.”
The property owner argued two reasons or “Justifiable causes” for why he failed to call for any inspections until after he received notification his permit had expired.
Property Owner Justifiable Cause #1
He did not know the permit expired in 180 days. No one told him.
Property owner Justifiable Cause #2
The closure of City Hall made it impossible for him to schedule an inspection or even get information on how to do so.
Building Official Determination
Justifiable Cause #1 - The property owner claimed not to know a permit expired in 180 days. Building Official Determination - Denied
The property owner pulled CB20-0607 as an “Owner/Builder’ Permit. The California Business and Professions Code and the California Health and Safety Code require State licensed contractors perform all construction work in the State of California. Section 7044 of the Business and Professions Code allows property owners to assume the responsibility of a licensed contractor when performing work on their own property. By taking on the role of a licensed contractor, under the Owner/Builder provisions, the property owner assumes all responsibility for knowing the codes and laws associated with the permit.
Justifiable Cause #2 - The property owner claimed that due to the Covid-19 closure of City Hall he was unable to schedule an inspection or even get information on how to do so.
Building Official Determination -Denied
During the 180 days permit CB20-0607 was active, the City of Alameda performed over 17,000 inspections. During the 10 months the City sought to bring this property into compliance, the property owner sent and received emails from numerous City officials including the Permit Center staff, Code Enforcement staff, the Building Official, the Planning Building & Transportation Director, the City Manager’s Office and the Mayor. Any one of those individuals could have assisted the property owner in determining how to schedule an inspection. There is no record of any attempt being made by the property owner.
Housing and Building Code Hearing and Appeals Commission Decision
The responsibility of the HBCHAC is to either uphold the Building Official’s Decision to expire permit CB20-0607 or overrule that determination.
• Uphold the Building Official’s determination to expire CB20-0607. The results of this decision will return the property at 1223 Ballena Blvd to an active code enforcement case. And would require the property owner to file for and obtain new permits, including paying all fees.
• Overturn the Building Official’s determination to expire CB20-0607. The results of this decision will allow the property owner to renew CB20-0607 after paying Filing and inspection fees.
Gregory J. McFann Building Official City of Alameda