Disputed Building Code Ordinance to Go Before Council on Wednesday

A proposed ordinance with updated building codes that some homeowners are calling vague and invasive will be considered by the on Wednesday.

The proposed regulations were initially drafted by the state and are known as the State of California 2010 Building Codes—an update of the previous year's codes—and must be adopted by municipalities statewide.

However, Sacramento gives cities permission to make amendments to address their community's unique needs, according to the city of Calabasas.

Despite some revisions, the codes for Calabasas remain basically the same, including the requirement of a permit to "erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system component or device," said Sparky Cohen, a building inspector with the city.

"There's some administrative tweaks," he said.

But some residents say the code's language needs to be further clarified, and they fear being cited and penalized by the city.

"The ordinance, as it's presently drafted, is very vague," said resident Ray Colline. "It's not specific about items like hot water heaters or kitchen sinks, toilets and showers. It should be very specific about what it's going to cover and what is left up to the homeowner to manage .  . .  the way this one is written, the homeowner is not able to manage any repairs . . . it's a way for them to grow the bureaucracy and penalize the homeowners."

Penalties for violating the building codes range from being charged with a misdemeanor to being fined up to $1,000 and serving a six-month prison sentence, according to the ordinance.

Meanwhile, the Las Virgenes Municipal Water District is disputing  Section 112.3.3 Authority to Disconnect Water Utility. The city asserts that it has the right to shut off the water of a homeowner who is in violation of a code, though the water district is claiming that it's the only agency that has the right to do so.

"While the district does not disagree that the city has the authority to regulate the on-site water system, including disconnection, we do not agree that the city has the authority to direct the district to shut off water service," said John R. Mundy, general manager of the water district, in a recent letter addressed to the city.

The 134 pages of the updated building codes are currently available for viewing on the city's website, and all the new language is underlined while deleted segments have been crossed out to help clarify what changes have been made. The city has also provided a Q & A on the building codes ordinance.

But some homeowners say these efforts are not making the process any easier to understand.

"It is not clear from the markup which Calabasas proposed modifications go over and above the new California Building Code. Please outline the differences," resident Toby Keeler wrote in a letter to the city clerk.

Cohen, the building inspector, said he believes the people who are upset about the revised building codes are homeowners that faced mandatory septic-system inspections earlier this year.

State government mandates that cities update their building codes every three years.

City officials are making the push to pass the codes by Jan. 1, 2011, when the default state codes will go into effect, however cities can still approve their amendments afterward.

The building codes were brought before the council for adoption at a Nov. 10 meeting, but councilmembers postponed a vote at the request of residents in attendance who asked for more time to analyze the ordinance.

The Nov. 10 meeting, which was marked by passionate debate, verbal sparring among the council and comments from the public, lasted five hours and went on until a few minutes after midnight.

"I think it's another example of the city of Calabasas intruding on people's private lives, much like the smoking ban," said resident Arthur Davis. "I have no intentions of complying."

Meanwhile, Ray Colline has printed out several copies of a Los Angeles Times article about the building codes. He said he plans to pass out as many copies as he can to his neighbors and hopes that a large crowd shows up to the council meeting on Wednesday.

"They think Calabasas residents are made of money and they are just trying to get all they can from us," he said. "We already have too many codes to deal with, we don't need more."