Common use of BUILDING REGULATIONS Clause in Contracts

BUILDING REGULATIONS. “Building Regulations” consist of the Uniform Building Code as modified by the California Building Code and as modified by the City Building Code and any ordinances which interpret these codes where such ordinances establish construction standards that are intended to be applied ministerially to the construction of improvements on private property and public infrastructure. Building Regulations applicable to building and construction throughout the City at the time Developer applies for the applicable permits for construction of any portion of the Project shall be applicable to the building and construction authorized by such permit, except if such Building Regulations create a conflict (as conflict is defined in Section 3.4.2 herein) in any material manner with the Vested Elements (provided however that an exception due to this conflict will not in City’s reasonable judgment create conditions hazardous to the public). In the event of such conflict, the particular Building Regulation which is in conflict with the Vested Elements shall not apply to or govern development or construction of the Project unless it is determined by City to be required by the most current Uniform Building Code or otherwise required to ensure public health and safety. In the event of a dispute as to whether or not the particular Building Regulation in conflict with the Vested Elements is required by the most current Uniform Building Code or is otherwise required to ensure public health and safety, Developer shall have the right to have the City Council hear such dispute and make a determination evidenced through findings of fact based on substantial evidence as to whether such Building Regulation is so required by the current applicable Uniform Building Code or is necessary to assure public health and safety, or the parties may mutually agree to mediate this dispute in accordance with the alternative dispute procedures stated in Article 11 below.

BUILDING REGULATIONS. “Building Regulations” consist of the Uniform Building Code as modified by the California Building Code and as modified by the City Building Code and any ordinances which interpret these codes where such ordinances establish construction standards that are intended to be applied ministerially to the construction of improvements on private property and public infrastructure. Building Regulations applicable to building and construction throughout the City at the time Developer applies for the applicable permits for construction of any portion of the Project shall be applicable to the building and construction authorized by such permit, except if such Building Regulations create a conflict (as conflict is defined in Section 3.4.2 herein) in any material manner with the Vested Elements (provided however that an exception due to this conflict will not in City’s reasonable judgment create conditions hazardous to the public). In the event of such conflict, the particular Building Regulation which is in conflict with the Vested Elements shall not apply to or govern development or construction of the Project unless it is determined by City to be required by the most current Uniform Building Code or otherwise required to ensure public health and safety. In the event of a dispute as to whether or not the particular Building Regulation in conflict with the Vested Elements is required by the most current Uniform Building Code or is otherwise required to ensure public health and safety, Developer shall have the right to have the City Council hear such dispute and make a determination evidenced through findings of fact based on substantial evidence as to whether such Building Regulation is so required by the current applicable Uniform Building Code or is necessary to assure public health and safety, or the parties may mutually agree to mediate this dispute in accordance with the alternative dispute procedures stated in Article 11 below.below.‌

BUILDING REGULATIONS. “Building Regulations” consist of the Uniform Building Code as modified by the California Building Code and as modified by the City Building Code and any ordinances which interpret these codes where such ordinances establish construction standards that are intended to be applied ministerially to the construction of improvements on private property and public infrastructure. Building Regulations applicable to building and construction throughout the City at the time Developer applies for the applicable permits for construction of any portion of the Project shall be applicable to the building and construction authorized by such permit, except if such Building Regulations create a conflict (as conflict is defined in Section 3.4.2 3.4.5 herein) in any material manner with the Vested Elements (provided however that an exception due to this conflict will not in City’s reasonable judgment create conditions hazardous to the public). In the event of such conflict, the particular Building Regulation which is in conflict with the Vested Elements shall not apply to or govern development or construction of the Project unless it is determined by City to be required by the most current Uniform Building Code or otherwise required to ensure public health and safety. In the event of a dispute as to whether or not the particular Building Regulation in conflict with the Vested Elements is required by the most current Uniform Building Code or is otherwise required to ensure public health and safety, Developer shall have the right to have the a City Council agency or commission hear such dispute and make a determination evidenced through findings of fact based on substantial evidence as to whether such Building Regulation is so required by the current applicable Uniform Building Code or is necessary to assure public health and safety, or the parties may mutually agree to mediate this dispute in accordance with the alternative dispute procedures stated in Article 11 below.