Article III. Adoption of State Codes for Gaming Facility
§ 3-301 Adoption of building and safety code and incorporation of applicable code standards.
A. Building and Safety Code Adoption.
1. To accomplish the objectives of the Tribe, the Tribe hereby adopts this chapter as the Building and Safety Code of 2019 to apply to the gaming facility, consisting of the standards contained within the California Building Code and the California Public Safety Code applicable to the county of Sacramento, inclusive of the codes for building, electrical, energy, mechanical, plumbing, fire and safety, as set forth in Titles 19 and 24 of the California Code of Regulations (“applicable codes”). Notwithstanding the foregoing, the Tribe, acting through the Director of Administration, shall have the authority to require persons to build to more stringent standards.
2. Notwithstanding the foregoing adoption, the Tribe need not comply with any standard recited in the applicable codes that specifically applies in name or in fact only to tribal facilities. For purposes of clarity, the adoption of the applicable codes does not confer jurisdiction upon the state or its political subdivisions.
3. Whenever the following words and/or phrases are used in any of the applicable codes, they shall have the following meanings:
a. “Building inspector,” “building official” or “code enforcement agency” shall mean the Building Official.
b. “City” or “municipality” or “county” or “state” shall mean the Tribe.
c. “State Fire Marshal” shall mean the Building Official.
d. “Chief of any city or county fire department or of any fire protection district” shall mean the Building Official.
4. The applicable codes only provide the standards which gaming facility construction on tribal land must satisfy. The power to enter tribal land and facilities and power to enforce the applicable codes remains with the Tribe and shall be vested in the Building Official. All text within the applicable codes is to be read through this lens.
B. Additional Requirements.
1. ADA Compliance. The gaming facility and construction, expansion, improvement, modification, or renovation of the gaming facility will also comply with the federal Americans with Disabilities Act, Public Law 101-336, as amended, 42 U.S.C. § 12101 et seq.
2. Qualified Plan Checkers and Review Firms.
a. With respect to the gaming facility, in all cases where the applicable codes would otherwise require a permit, the Building Official shall require inspections and, in connection therewith, shall secure the services of qualified plan checkers or review firms.
b. Plan checkers or review firms must be either: (i) California licensed architects or engineers with relevant experience; or (ii) California licensed architects or engineers on the list, if any, of approved plan checkers or review firms provided by Sacramento County or the city of Elk Grove.
c. Project inspectors must possess the same qualifications and certifications as project inspectors utilized by Sacramento County or the city of Elk Grove.
C. Nongaming Facility Construction. The standards herein shall not necessarily apply to nongaming facility construction. Nongaming facility construction shall be reviewed by the Office on a case-by-case basis. The Office may adopt or otherwise agree to implement alternative building and safety standards and related processes and procedures with respect to such construction. A permit or other agreement with the Office is required before any nongaming facility construction may commence. (Res. 2019-35)